1st Engrossment - 91st Legislature (2019 - 2020) Posted on 05/14/2020 10:18am
Engrossments | Comparisons | ||
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Introduction | Posted on 01/31/2020 | ||
1st Engrossment | Posted on 05/04/2020 | compared with SF3322 2nd Engrossment |
A bill for an act
relating to human services; modifying provisions regarding children and family
services, community supports administration, and civil commitment; establishing
Cultural and Ethnic Communities Leadership Council; requiring responsible social
services agencies to coordinate prenatal alcohol exposure screenings for children
in foster care; extending the corporate adult foster care moratorium exception for
a fifth bed until 2024; codifying existing session law governing consumer-directed
community supports; modifying timelines for intensive support service planning;
permitting license holders to delegate competency evaluations of residents to direct
support staff; modifying training requirements for direct support staff providing
licensed home and community-based services; modifying eligibility and per diem
requirements for psychiatric residential treatment facility services; clarifying the
excess income standard for medical assistance; restoring a notice requirement
when MnCHOICES assessments are required for personal care assistance services;
requiring the commissioner of human services to establish an institutional and
crisis bed consumer-directed community supports budget exception process in
home and community-based services waivers; requiring the commissioner to allow
a shared services option under consumer-directed community supports; modifying
the procedure for recreational license suspension and reinstatement; clarifying the
procedure for motions to transfer to tribal court; modifying child welfare provisions;
reorganizing and clarifying sections regarding child maltreatment and neglect;
modifying provisions regarding medical assistance covered services for certified
community behavioral health clinics and officer-involved community-based care
coordination; expanding who may order home care nursing services, home care
therapies, and skilled nurse visit services; providing criminal penalties; requiring
reports; amending Minnesota Statutes 2018, sections 13.32, subdivision 3; 13.3805,
subdivision 3; 13.43, subdivision 14; 13.82, subdivisions 8, 9, 17; 13.821; 13.84,
subdivision 9; 13.871, subdivision 6; 13.88; 119B.21; 119B.26; 120B.22,
subdivision 2; 125A.0942, subdivision 4; 135A.15, subdivision 10; 144.225,
subdivision 2b; 144.343, subdivision 4; 144.7065, subdivision 10; 144.7068;
144A.472, subdivision 1; 144A.479, subdivision 6; 144A.4796, subdivision 6;
144H.16, subdivision 1; 144H.18, subdivision 3; 145.902, subdivision 3; 145.952,
subdivision 2; 146A.025; 148E.240, subdivision 7; 148F.13, subdivision 12;
148F.205, subdivision 1; 153B.70; 214.103, subdivision 8; 214.104; 245.4871, by
adding a subdivision; 245.4885, subdivision 1; 245.8261, subdivision 9; 245A.02,
subdivision 2c; 245A.04, subdivisions 5, 9; 245A.06, subdivision 8; 245A.07,
subdivision 5; 245A.08, subdivision 2a; 245A.085; 245A.11, subdivisions 2a, 7b;
245A.50, as amended; 245C.02, subdivision 5, by adding subdivisions; 245C.04,
subdivision 1, by adding a subdivision; 245C.05, subdivision 6; 245C.14, by adding
a subdivision; 245C.15, subdivision 4; 245C.16, subdivisions 1, 2; 245C.17,
subdivisions 1, 3, by adding a subdivision; 245C.18; 245C.21, subdivision 2;
245C.24, subdivision 4; 245C.25; 245C.27, subdivisions 1, 2; 245C.28, subdivision
1; 245C.29, subdivision 1; 245C.31, subdivision 1; 245C.32, subdivision 2;
245D.02, subdivision 11, by adding a subdivision; 245D.04, subdivision 3;
245D.06, subdivisions 1, 2, 6; 245D.071, subdivision 3; 245D.081, subdivision
2; 245D.09, subdivisions 4, 4a; 245D.10, subdivision 3a; 245D.32, subdivision 5;
245F.02, subdivisions 7, 14; 245F.04, subdivision 1; 245F.06, subdivision 2;
245F.12, subdivisions 2, 3; 245F.15, subdivisions 3, 5; 245F.16, subdivisions 1,
2; 245F.18; 245G.02, subdivision 2; 245G.03, subdivision 1; 245G.09, subdivision
1; 245G.10, subdivision 3; 245G.11, subdivisions 3, 4; 245G.13, subdivision 2;
253B.02, subdivisions 4b, 7, 8, 9, 10, 13, 16, 17, 18, 19, 21, 22, 23, by adding a
subdivision; 253B.03, subdivisions 1, 2, 3, 4a, 5, 6, 6b, 6d, 7, 10; 253B.04,
subdivisions 1, 1a, 2; 253B.045, subdivisions 2, 3, 5, 6; 253B.06, subdivisions 1,
2, 3; 253B.07, subdivisions 1, 2, 2a, 2b, 2d, 3, 5, 7; 253B.08, subdivisions 1, 2a,
5, 5a; 253B.09, subdivisions 1, 2, 3a, 5; 253B.092; 253B.0921; 253B.095,
subdivision 3; 253B.097, subdivisions 1, 2, 3, 6; 253B.10; 253B.12, subdivisions
1, 3, 4, 7; 253B.13, subdivision 1; 253B.14; 253B.141; 253B.15, subdivisions 1,
1a, 2, 3, 3a, 3b, 3c, 5, 7, 9, 10, by adding a subdivision; 253B.16; 253B.17;
253B.18, subdivisions 1, 2, 3, 4a, 4b, 4c, 5, 5a, 6, 7, 8, 10, 11, 12, 14, 15; 253B.19,
subdivision 2; 253B.20, subdivisions 1, 2, 3, 4, 6; 253B.21, subdivisions 1, 2, 3;
253B.212, subdivisions 1, 1a, 1b, 2; 253B.22, subdivisions 1, 2, 3, 4; 253B.23,
subdivisions 1, 1b, 2; 253B.24; 253D.02, subdivision 6; 253D.07, subdivision 2;
253D.10, subdivision 2; 253D.28, subdivision 2; 254A.09; 256.01, subdivisions
12, 15; 256.0112, subdivision 10; 256.041; 256.045, subdivisions 3, 3b, 4; 256.82,
subdivision 2; 256.87, subdivision 8; 256.975, subdivision 12; 256B.0621,
subdivision 4; 256B.0625, subdivisions 33, 56a; 256B.0652, subdivision 10;
256B.0653, subdivisions 4, 5, 7; 256B.0654, subdivisions 1, 2a; 256B.0941,
subdivisions 1, 3; 256B.0945, subdivision 1; 256B.0949, subdivisions 2, 5, 6, 9,
13, 14, 15, 16; 256B.0951, subdivision 5; 256B.0954; 256B.097, subdivisions 4,
6; 256B.49, subdivision 16; 256B.77, subdivision 17; 256B.85, subdivision 12a;
256D.02, subdivision 17; 256E.21, subdivision 5; 256E.35; 256F.10, subdivisions
1, 4; 256I.03, subdivisions 3, 14; 256I.05, subdivisions 1c, 1n, 8; 256I.06,
subdivision 2, by adding a subdivision; 256J.08, subdivision 73a; 256L.07,
subdivision 4; 256M.10, subdivision 2; 256M.40, subdivision 1; 256M.41,
subdivision 1; 256N.02, subdivision 14a; 256N.21, subdivisions 2, 5; 256N.24,
subdivision 4; 256P.01, by adding a subdivision; 257.0725; 257.0764; 257.70;
260.012; 260.761, subdivision 2; 260B.171, subdivision 6; 260C.007, subdivisions
3, 5, 6, 13, by adding subdivisions; 260C.150, subdivision 3; 260C.157, subdivision
3; 260C.171, subdivision 3; 260C.177; 260C.202; 260C.204; 260C.209, subdivision
2; 260C.212, subdivisions 1, 4a, 12, by adding a subdivision; 260C.219; 260C.221;
260C.227; 260C.4412; 260C.503, subdivision 2, by adding a subdivision; 260D.01;
260D.02, subdivisions 3, 5; 388.051, subdivision 2; 518.005, subdivision 5;
518.165, subdivisions 2, 5; 518A.53, subdivision 11; 518A.68; 518A.685;
524.5-118, subdivision 2; 595.02, subdivisions 1, 2; 609.26, subdivision 7;
609.3457, subdivision 2; 609.379, subdivision 2; 609.507; 609.7495, subdivision
1; 611A.203, subdivision 4; 611A.90, subdivision 1; 626.557, subdivision 9d;
Minnesota Statutes 2019 Supplement, sections 13.46, subdivisions 3, 4; 119B.011,
subdivision 19; 122A.20, subdivision 2; 122A.40, subdivision 13; 122A.41,
subdivision 6; 144A.4796, subdivision 2; 148B.593; 243.166, subdivision 7;
245.4889, subdivision 1; 245.735, subdivision 3; 245A.07, subdivision 3; 245A.145,
subdivision 1; 245A.149; 245A.16, subdivision 1; 245A.40, subdivisions 1, 7;
245C.03, subdivision 1; 245C.05, subdivision 4; 245C.08, subdivision 1; 245C.13,
subdivision 2; 245D.09, subdivision 5; 245G.12; 245G.13, subdivision 1; 245H.11;
254A.03, subdivision 3, as amended; 254B.04, subdivision 1; 254B.05, subdivision
1; 256.01, subdivision 14b; 256B.056, subdivision 5c; 256B.0625, subdivision
5m; 256B.064, subdivision 2; 256B.0711, subdivision 1; 256B.0911, subdivision
3a; 256B.85, subdivision 10; 256I.04, subdivision 2b; 256S.01, subdivision 6;
256S.19, subdivision 4; 260B.198, subdivision 1; 260C.139, subdivision 3;
260C.178, subdivision 1; 260C.201, subdivision 6; 260C.212, subdivision 2;
299C.093; Laws 2016, chapter 189, article 15, section 29; Laws 2017, First Special
Session chapter 6, article 7, section 33, subdivisions 2, 3; proposing coding for
new law in Minnesota Statutes, chapters 120A; 253B; 256B; 256K; 260; 260C;
518A; proposing coding for new law as Minnesota Statutes, chapter 260E; repealing
Minnesota Statutes 2018, sections 245F.02, subdivision 20; 253B.02, subdivisions
6, 12a; 253B.05, subdivisions 1, 2, 2b, 3, 4; 253B.064; 253B.065; 253B.066;
253B.09, subdivision 3; 253B.12, subdivision 2; 253B.15, subdivision 11; 253B.20,
subdivision 7; 626.556, subdivisions 1, 3, 3a, 3c, 3d, 3f, 4, 4a, 5, 6, 6a, 7, 7a, 8, 9,
10a, 10b, 10c, 10d, 10e, 10f, 10g, 10h, 10i, 10j, 10k, 10l, 10m, 10n, 11a, 11b, 11c,
11d, 12, 14, 15, 16; 626.5561; 626.5562; 626.558; 626.559, subdivisions 1, 1a,
1b, 2, 3, 5; 626.5591; 626.561; Minnesota Statutes 2019 Supplement, section
626.556, subdivisions 2, 3b, 3e, 10, 11; Laws 2005, First Special Session chapter
4, article 7, sections 50; 51; Laws 2012, chapter 247, article 4, section 47, as
amended; Laws 2015, chapter 71, article 7, section 54, as amended; Laws 2017,
First Special Session chapter 6, article 1, sections 44, as amended; 45, as amended.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2019 Supplement, section 119B.011, subdivision 19, is
amended to read:
"Provider" means:
(1) an individual or child care center or facility licensed to provide child care under
chapter 245A when operating within the terms of the license;
(2) a license-exempt center required to be certified under chapter 245H;
(3) an individual or child care center or facility that: (i) holds a valid child care license
issued by another state or a tribe; (ii) provides child care services in the licensing state or
in the area under the licensing tribe's jurisdiction; and (iii) is in compliance with federal
health and safety requirements as certified by the licensing state or tribe, or as determined
by receipt of child care development block grant funds in the licensing state; deleted text begin or
deleted text end
(4) a legal nonlicensed child care provider as defined under section 119B.011, subdivision
16, providing legal child care services. A legal nonlicensed child care provider must be at
least 18 years of age, and not a member of the MFIP assistance unit or a member of the
family receiving child care assistance to be authorized under this chapterdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(5) an individual or child care center or facility that is operated under the jurisdiction of
the federal government.
new text end
new text begin
This section is effective July 1, 2020.
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new text begin
A student placed in foster care must remain enrolled in the student's prior school unless
it is determined that remaining enrolled in the prior school is not in the student's best interests.
If the student does not remain enrolled in the prior school, the student must be enrolled in
a new school within seven school days.
new text end
Minnesota Statutes 2018, section 245A.04, subdivision 9, is amended to read:
(a) The commissioner may grant variances to rules that do not affect
the health or safety of persons in a licensed program if the following conditions are met:
(1) the variance must be requested by an applicant or license holder on a form and in a
manner prescribed by the commissioner;
(2) the request for a variance must include the reasons that the applicant or license holder
cannot comply with a requirement as stated in the rule and the alternative equivalent measures
that the applicant or license holder will follow to comply with the intent of the rule; and
(3) the request must state the period of time for which the variance is requested.
The commissioner may grant a permanent variance when conditions under which the
variance is requested do not affect the health or safety of persons being served by the licensed
program, nor compromise the qualifications of staff to provide services. The permanent
variance shall expire as soon as the conditions that warranted the variance are modified in
any way. Any applicant or license holder must inform the commissioner of any changes or
modifications that have occurred in the conditions that warranted the permanent variance.
Failure to advise the commissioner shall result in revocation of the permanent variance and
may be cause for other sanctions under sections 245A.06 and 245A.07.
The commissioner's decision to grant or deny a variance request is final and not subject
to appeal under the provisions of chapter 14.
(b) The commissioner shall consider variances for child care center staff qualification
requirements under Minnesota Rules, parts 9503.0032 and 9503.0033, that do not affect
the health and safety of children served by the center. A variance request must be submitted
to the commissioner in accordance with paragraph (a) and must include a plan for the staff
person to gain additional experience, education, or training, as requested by the commissioner.
When reviewing a variance request under this section, the commissioner shall consider the
staff person's level of professional development, including but not limited to steps completed
on the Minnesota career lattice.
new text begin
(c) Beginning January 1, 2021, counties shall use a uniform application form developed
by the commissioner for variance requests by family child care license holders.
new text end
Minnesota Statutes 2019 Supplement, section 245A.16, subdivision 1, is amended
to read:
(a) County agencies and private
agencies that have been designated or licensed by the commissioner to perform licensing
functions and activities under section 245A.04 and background studies for family child care
under chapter 245C; to recommend denial of applicants under section 245A.05; to issue
correction orders, to issue variances, and recommend a conditional license under section
245A.06; or to recommend suspending or revoking a license or issuing a fine under section
245A.07, shall comply with rules and directives of the commissioner governing those
functions and with this section. The following variances are excluded from the delegation
of variance authority and may be issued only by the commissioner:
(1) dual licensure of family child care and child foster care, dual licensure of child and
adult foster care, and adult foster care and family child care;
(2) adult foster care maximum capacity;
(3) adult foster care minimum age requirement;
(4) child foster care maximum age requirement;
(5) variances regarding disqualified individuals except that, before the implementation
of NETStudy 2.0, county agencies may issue variances under section 245C.30 regarding
disqualified individuals when the county is responsible for conducting a consolidated
reconsideration according to sections 245C.25 and 245C.27, subdivision 2, clauses (a) and
(b), of a county maltreatment determination and a disqualification based on serious or
recurring maltreatment;
(6) the required presence of a caregiver in the adult foster care residence during normal
sleeping hours;
(7) variances to requirements relating to chemical use problems of a license holder or a
household member of a license holder; and
(8) variances to section 245A.53 for a time-limited period. If the commissioner grants
a variance under this clause, the license holder must provide notice of the variance to all
parents and guardians of the children in care.
Except as provided in section 245A.14, subdivision 4, paragraph (e), a county agency must
not grant a license holder a variance to exceed the maximum allowable family child care
license capacity of 14 children.
new text begin
(b) A county agency that has been designated by the commissioner to issue family child
care variances must:
new text end
new text begin
(1) publish the county agency's policies and criteria for issuing variances on the county's
public website and update the policies as necessary; and
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new text begin
(2) annually distribute the county agency's policies and criteria for issuing variances to
all family child care license holders in the county.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end Before the implementation of NETStudy 2.0, county agencies must report
information about disqualification reconsiderations under sections 245C.25 and 245C.27,
subdivision 2, paragraphs (a) and (b), and variances granted under paragraph (a), clause
(5), to the commissioner at least monthly in a format prescribed by the commissioner.
deleted text begin (c)deleted text end new text begin (d)new text end For family child care programs, the commissioner shall require a county agency
to conduct one unannounced licensing review at least annually.
deleted text begin (d)deleted text end new text begin (e)new text end For family adult day services programs, the commissioner may authorize licensing
reviews every two years after a licensee has had at least one annual review.
deleted text begin (e)deleted text end new text begin (f)new text end A license issued under this section may be issued for up to two years.
deleted text begin (f)deleted text end new text begin (g)new text end During implementation of chapter 245D, the commissioner shall consider:
(1) the role of counties in quality assurance;
(2) the duties of county licensing staff; and
(3) the possible use of joint powers agreements, according to section 471.59, with counties
through which some licensing duties under chapter 245D may be delegated by the
commissioner to the counties.
Any consideration related to this paragraph must meet all of the requirements of the corrective
action plan ordered by the federal Centers for Medicare and Medicaid Services.
deleted text begin (g)deleted text end new text begin (h)new text end Licensing authority specific to section 245D.06, subdivisions 5, 6, 7, and 8, or
successor provisions; and section 245D.061 or successor provisions, for family child foster
care programs providing out-of-home respite, as identified in section 245D.03, subdivision
1, paragraph (b), clause (1), is excluded from the delegation of authority to county and
private agencies.
deleted text begin (h)deleted text end new text begin (i)new text end A county agency shall report to the commissioner, in a manner prescribed by the
commissioner, the following information for a licensed family child care program:
(1) the results of each licensing review completed, including the date of the review, and
any licensing correction order issued;
(2) any death, serious injury, or determination of substantiated maltreatment; and
(3) any fires that require the service of a fire department within 48 hours of the fire. The
information under this clause must also be reported to the state fire marshal within two
business days of receiving notice from a licensed family child care provider.
new text begin
This section is effective January 1, 2021.
new text end
Minnesota Statutes 2018, section 256.041, is amended to read:
new text begin (a) new text end There is hereby established the Cultural
and Ethnic Communities Leadership Council for the Department of Human Services. The
purpose of the council is to advise the commissioner of human services on reducing new text begin inequities
and new text end disparities that new text begin particularly new text end affect racial and ethnic groupsnew text begin in Minnesotanew text end . new text begin The legislature
intends for the council to continue its work until racial and ethnic disparities no longer exist
in Minnesota.
new text end
new text begin
(b) This council is comprised of racially and ethnically diverse community leaders and
American Indians who are residents of Minnesota and may present with compounded
challenges of systemic inequities. Members include people who are refugees, immigrants,
and LGBTQ+; people who may have a disability; and people who live in rural Minnesota.
new text end
(a) The council must consist of:
(1) the chairs and ranking minority members of the committees in the house of
representatives and the senate with jurisdiction over human servicesnew text begin , or their designeesnew text end ; and
(2) no fewer than 15 and no more than 25 members appointed by and serving at the
pleasure of the commissioner of human services, in consultation with county, tribal, cultural,
and ethnic communities; diverse program participants; and parent representatives from these
communitiesnew text begin , and Cultural and Ethnic Communities Leadership Council membersnew text end .
(b) In making appointments under this section, the commissioner shall give priority
consideration to public members of the legislative councils of color established under deleted text begin chapter
3deleted text end new text begin section 15.0145new text end .
(c) Members must be appointed to allow for representation of the following groups:
(1) racial and ethnic minority groups;
(2) the American Indian community, which must be represented by two members;
(3) culturally and linguistically specific advocacy groups and service providers;
(4) human services program participants;
(5) public and private institutions;
(6) parents of human services program participants;
(7) members of the faith community;
(8) Department of Human Services employees; and
(9) any other group the commissioner deems appropriate to facilitate the goals and duties
of the council.
The commissioner shall direct the development of guidelines
defining the membership of the council; setting out definitions; and developing duties of
the commissioner, the council, and council members regarding racial and ethnic disparities
reduction. The guidelines must be developed in consultation with:
(1) the chairs of relevant committees; and
(2) county, tribal, and cultural communities and program participants from these
communities.
The commissioner shall new text begin accept recommendations from the council to
new text end appoint a chairnew text begin or chairsnew text end .
deleted text begin
The initial members appointed shall serve until
January 15, 2016.
deleted text end
A term shall be for two years and appointees may be reappointed to
serve two additional terms. The commissioner shall make appointments to replace members
vacating their positions deleted text begin by January 15 of each yeardeleted text end new text begin in a timely manner, no more than three
months after the council reviews panel recommendationsnew text end .
(a) The commissioner of human services or the
commissioner's designee shall:
(1) maintain new text begin and actively engage with new text end the council established in this section;
(2) supervise and coordinate policies for persons from racial, ethnic, cultural, linguistic,
and tribal communities who experience disparities in access and outcomes;
(3) identify human services rules or statutes affecting persons from racial, ethnic, cultural,
linguistic, and tribal communities that may need to be revised;
(4) investigate and implement deleted text begin cost-effectivedeleted text end new text begin equitable and culturally responsivenew text end models
of deleted text begin service delivery such asdeleted text end new text begin program implementation, includingnew text end careful deleted text begin adaptationdeleted text end new text begin adoptionnew text end
of deleted text begin clinicallydeleted text end proven services deleted text begin that constitute one strategy for increasing the number ofdeleted text end new text begin andnew text end
culturally relevant services available to currently underserved populations; deleted text begin and
deleted text end
(5) based on recommendations of the council, review identified department policies that
maintain racial, ethnic, cultural, linguistic, and tribal disparities, deleted text begin anddeleted text end make adjustments to
ensure those disparities are not perpetuateddeleted text begin .deleted text end new text begin , and advise on progress and accountability
measures for addressing inequities;
new text end
new text begin
(6) in partnership with the council, renew and implement equity policy with action plans
and resources necessary to implement the action plans;
new text end
new text begin
(7) support interagency collaboration to advance equity;
new text end
new text begin
(8) address the council at least twice annually on the state of equity within the department;
and
new text end
new text begin
(9) support member participation in the council, including participation in educational
and community engagement events across Minnesota that address equity in human services.
new text end
(b) The commissioner of human services or the commissioner's designee shall consult
with the council and receive recommendations from the council when meeting the
requirements in this subdivision.
The council shall:
(1) recommend to the commissioner for review deleted text begin identified policies in thedeleted text end Department of
Human Servicesnew text begin policy, budgetary, and operational decisions and practicesnew text end that deleted text begin maintaindeleted text end new text begin
impactnew text end racial, ethnic, cultural, linguistic, and tribal disparities;
(2)new text begin with community input, advance legislative proposals to improve racial and health
equity outcomes;
new text end
new text begin (3)new text end identify issues regarding new text begin inequities and new text end disparities by engaging diverse populations
in human services programs;
deleted text begin (3)deleted text end new text begin (4)new text end engage in mutual learning essential for achieving human services parity and
optimal wellness for service recipients;
deleted text begin (4)deleted text end new text begin (5)new text end raise awareness about human services disparities to the legislature and media;
deleted text begin (5)deleted text end new text begin (6)new text end provide technical assistance and consultation support to counties, private nonprofit
agencies, and other service providers to build their capacity to provide equitable human
services for persons from racial, ethnic, cultural, linguistic, and tribal communities who
experience disparities in access and outcomes;
deleted text begin (6)deleted text end new text begin (7)new text end provide technical assistance to promote statewide development of culturally and
linguistically appropriate, accessible, and cost-effective human services and related policies;
deleted text begin (7) providedeleted text end new text begin (8) recommend and monitornew text end training and outreach to facilitate access to
culturally and linguistically appropriate, accessible, and cost-effective human services to
prevent disparities;
deleted text begin
(8) facilitate culturally appropriate and culturally sensitive admissions, continued services,
discharges, and utilization review for human services agencies and institutions;
deleted text end
(9) form work groups to help carry out the duties of the council that include, but are not
limited to, persons who provide and receive services and representatives of advocacy groups,
and provide the work groups with clear guidelines, standardized parameters, and tasks for
the work groups to accomplish;
(10) promote information sharing in the human services community and statewide; deleted text begin and
deleted text end
(11) by February 15 deleted text begin each yeardeleted text end new text begin in the second year of the bienniumnew text end , prepare and submit
to the chairs and ranking minority members of the committees in the house of representatives
and the senate with jurisdiction over human services a report that summarizes the activities
of the council, identifies the major problems and issues confronting racial and ethnic groups
in accessing human services, makes recommendations to address issues, deleted text begin anddeleted text end lists the specific
objectives that the council seeks to attain during the next bienniumnew text begin , and provides
recommendations to strengthen equity, diversity, and inclusion within the departmentnew text end . The
report deleted text begin must also include a list of programs, groups, and grants used to reduce disparities,
and statistically valid reports of outcomes on the reduction of the disparities.deleted text end new text begin shall identify
racial and ethnic groups' difficulty in accessing human services and make recommendations
to address the issues. The report must include any updated Department of Human Services
equity policy, implementation plans, equity initiatives, and the council's progress.
new text end
The members of the council shall:
(1) new text begin with no more than three absences per year, new text end attend and participate in scheduled
meetings and be prepared by reviewing meeting notes;
(2) maintain open communication channels with respective constituencies;
(3) identify and communicate issues and risks that could impact the timely completion
of tasks;
(4) collaborate on new text begin inequity and new text end disparity reduction efforts;
(5) communicate updates of the council's work progress and status on the Department
of Human Services website; deleted text begin and
deleted text end
(6) participate in any activities the council or chair deems appropriate and necessary to
facilitate the goals and duties of the councildeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(7) participate in work groups to carry out council duties.
new text end
deleted text begin
The council expires on June 30, 2020.
deleted text end
Minnesota Statutes 2018, section 256E.35, is amended to read:
The Minnesota family assets for independence initiative
is established to provide incentives for low-income families to accrue assets for education,
housing,new text begin vehicles,new text end and economic development purposes.
(a) The definitions in this subdivision apply to this section.
(b) "Eligible educational institution" means the following:
(1) an institution of higher education described in section 101 or 102 of the Higher
Education Act of 1965; or
(2) an area vocational education school, as defined in subparagraph (C) or (D) of United
States Code, title 20, chapter 44, section 2302 (3) (the Carl D. Perkins Vocational and
Applied Technology Education Act), which is located within any state, as defined in United
States Code, title 20, chapter 44, section 2302 (30). This clause is applicable only to the
extent section 2302 is in effect on August 1, 2008.
(c) "Family asset account" means a savings account opened by a household participating
in the Minnesota family assets for independence initiative.
(d) "Fiduciary organization" means:
(1) a community action agency that has obtained recognition under section 256E.31;
(2) a federal community development credit union serving the seven-county metropolitan
area; or
(3) a women-oriented economic development agency serving the seven-county
metropolitan area.
(e) "Financial coach" means a person who:
(1) has completed an intensive financial literacy training workshop that includes
curriculum on budgeting to increase savings, debt reduction and asset building, building a
good credit rating, and consumer protection;
(2) participates in ongoing statewide family assets for independence in Minnesota (FAIM)
network training meetings under FAIM program supervision; and
(3) provides financial coaching to program participants under subdivision 4a.
(f) "Financial institution" means a bank, bank and trust, savings bank, savings association,
or credit union, the deposits of which are insured by the Federal Deposit Insurance
Corporation or the National Credit Union Administration.
(g) "Household" means all individuals who share use of a dwelling unit as primary
quarters for living and eating separate from other individuals.
(h) "Permissible use" means:
(1) postsecondary educational expenses at an eligible educational institution as defined
in paragraph (b), including books, supplies, and equipment required for courses of instruction;
(2) acquisition costs of acquiring, constructing, or reconstructing a residence, including
any usual or reasonable settlement, financing, or other closing costs;
(3) business capitalization expenses for expenditures on capital, plant, equipment, working
capital, and inventory expenses of a legitimate business pursuant to a business plan approved
by the fiduciary organization; deleted text begin and
deleted text end
(4) acquisition costs of a principal residence within the meaning of section 1034 of the
Internal Revenue Code of 1986 which do not exceed 100 percent of the average area purchase
price applicable to the residence determined according to section 143(e)(2) and (3) of the
Internal Revenue Code of 1986deleted text begin .deleted text end new text begin ; and
new text end
new text begin
(5) acquisition costs of a personal vehicle only if approved by the fiduciary organization.
new text end
The commissioner shall allocate funds to participating
fiduciary organizations to provide family asset services. Grant awards must be based on a
plan submitted by a statewide organization representing fiduciary organizations. The
statewide organization must ensure that any interested unrepresented fiduciary organization
have input into the development of the plan. The plan must equitably distribute funds to
achieve geographic balance and document the capacity of participating fiduciary
organizations to manage the program deleted text begin and to raise the private matchdeleted text end .
A participating fiduciary organization must:
(1) provide separate accounts for the immediate deposit of program funds;
(2) establish a process to select participants and describe any priorities for participation;
(3) enter into a family asset agreement with the household to establish the terms of
participation;
(4) provide households with economic literacy education;
(5) provide households with information on early childhood family education;
(6) provide matching deposits for participating households;
(7) coordinate with other related public and private programs; and
(8) establish a process to appeal and mediate disputes.
A financial coach shall provide the following to program
participants:
(1) financial education relating to budgeting, debt reduction, asset-specific training, and
financial stability activities;
(2) asset-specific training related to buying a homenew text begin or vehiclenew text end , acquiring postsecondary
education, or starting or expanding a small business; and
(3) financial stability education and training to improve and sustain financial security.
(a) To be eligible for state or TANF
matching funds in the family assets for independence initiative, a household must meet the
eligibility requirements of the federal Assets for Independence Act, Public Law 105-285,
in Title IV, section 408 of that act.
(b) Each participating household must sign a family asset agreement that includes the
amount of scheduled deposits into its savings account, the proposed use, and the proposed
savings goal. A participating household must agree to complete an economic literacy training
program.
new text begin (c) new text end Participating households may only deposit money that is derived from household
earned income or from state and federal income tax credits.
(a) To receive a match, a
participating household must transfer funds withdrawn from a family asset account to its
matching fund custodial account held by the fiscal agent, according to the family asset
agreement. The fiscal agent must determine if the match request is for a permissible use
consistent with the household's family asset agreement.
new text begin (b) new text end The fiscal agent must ensure the household's custodial account contains the applicable
matching funds to match the balance in the household's account, including interest, on at
least a quarterly basis and at the time of an approved withdrawal. Matches must be deleted text begin provided
as follows:
deleted text end
deleted text begin (1) from state grant and TANF funds,deleted text end a deleted text begin matchingdeleted text end contribution of deleted text begin $1.50deleted text end new text begin $3 from state
grant or TANF fundsnew text end for every $1 of funds withdrawn from the family asset account deleted text begin equal
to the lesser of $720 per year ordeleted text end new text begin not to exceednew text end a deleted text begin $3,000deleted text end new text begin $6,000new text end lifetime limitdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(2) from nonstate funds, a matching contribution of no less than $1.50 for every $1 of
funds withdrawn from the family asset account equal to the lesser of $720 per year or a
$3,000 lifetime limit.
deleted text end
new text begin
(c) Notwithstanding paragraph (b), if funds are appropriated for the Federal Assets for
Independence Act of 1998, and a participating fiduciary organization is awarded a grant
under that act, participating households with that fiduciary organization must be provided
matches as follows:
new text end
new text begin
(1) from state grant and TANF funds, a matching contribution of $1.50 for every $1 of
funds withdrawn from the family asset account not to exceed a $3,000 lifetime limit; and
new text end
new text begin
(2) from nonstate funds, a matching contribution of not less than $1.50 for every $1 of
funds withdrawn from the family asset account not to exceed a $3,000 lifetime limit.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end Upon receipt of transferred custodial account funds, the fiscal agent must make
a direct payment to the vendor of the goods or services for the permissible use.
The fiscal agent on behalf of each fiduciary organization
participating in a family assets for independence initiative must report quarterly to the
commissioner of human services identifying the participants with accounts, the number of
accounts, the amount of savings and matches for each participant's account, the uses of the
account, and the number of businesses, homes, new text begin vehicles, new text end and educational services paid for
with money from the account, as well as other information that may be required for the
commissioner to administer the program and meet federal TANF reporting requirements.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 257.0725, is amended to read:
The commissioner of human services shall publish an annual report on child maltreatment
and on children in out-of-home placement. The commissioner shall confer with counties,
child welfare organizations, child advocacy organizations, the courts, and other groups on
how to improve the content and utility of the department's annual report. In regard to child
maltreatment, the report shall include the number and kinds of maltreatment reports received
and any other data that the commissioner determines is appropriate to include in a report
on child maltreatment. In regard to children in out-of-home placement, the report shall
include, by county and statewide, information on legal status, living arrangement, age, sex,
race, accumulated length of time in placement, reason for most recent placement, race of
family with whom placed, new text begin school enrollments within seven days of placement pursuant to
section 120A.21, new text end and other information deemed appropriate on all children in out-of-home
placement. Out-of-home placement includes placement in any facility by an authorized
child-placing agency.
Minnesota Statutes 2018, section 260C.219, is amended to read:
(a) When a child
is in foster care, the responsible social services agency shall make diligent efforts to identify,
locate, and, where appropriate, offer services to both parents of the child.
deleted text begin (1)deleted text end new text begin (b)new text end The responsible social services agency shall assess whether a noncustodial or
nonadjudicated parent is willing and capable of providing for the day-to-day care of the
child temporarily or permanently. An assessment under this deleted text begin clausedeleted text end new text begin paragraphnew text end may include,
but is not limited to, obtaining information under section 260C.209. If after assessment, the
responsible social services agency determines that a noncustodial or nonadjudicated parent
is willing and capable of providing day-to-day care of the child, the responsible social
services agency may seek authority from the custodial parent or the court to have that parent
assume day-to-day care of the child. If a parent is not an adjudicated parent, the responsible
social services agency shall require the nonadjudicated parent to cooperate with paternity
establishment procedures as part of the case plan.
deleted text begin (2)deleted text end new text begin (c)new text end If, after assessment, the responsible social services agency determines that the
child cannot be in the day-to-day care of either parent, the agency shall:
deleted text begin (i)deleted text end new text begin (1)new text end prepare an out-of-home placement plan addressing the conditions that each parent
must meet before the child can be in that parent's day-to-day care; and
deleted text begin (ii)deleted text end new text begin (2)new text end provide a parent who is the subject of a background study under section 260C.209
15 days' notice that it intends to use the study to recommend against putting the child with
that parent, and the court shall afford the parent an opportunity to be heard concerning the
study.
The results of a background study of a noncustodial parent shall not be used by the agency
to determine that the parent is incapable of providing day-to-day care of the child unless
the agency reasonably believes that placement of the child into the home of that parent
would endanger the child's health, safety, or welfare.
deleted text begin (3)deleted text end new text begin (d)new text end If, after the provision of services following an out-of-home placement plan under
this deleted text begin sectiondeleted text end new text begin subdivisionnew text end , the child cannot return to the care of the parent from whom the
child was removed or who had legal custody at the time the child was placed in foster care,
the agency may petition on behalf of a noncustodial parent to establish legal custody with
that parent under section 260C.515, subdivision 4. If paternity has not already been
established, it may be established in the same proceeding in the manner provided for under
chapter 257.
deleted text begin (4)deleted text end new text begin (e)new text end The responsible social services agency may be relieved of the requirement to
locate and offer services to both parents by the juvenile court upon a finding of good cause
after the filing of a petition under section 260C.141.
deleted text begin (b)deleted text end The responsible social services agency shall
give notice to the parent or guardian of each child in foster care, other than a child in
voluntary foster care for treatment under chapter 260D, of the following information:
(1) that the child's placement in foster care may result in termination of parental rights
or an order permanently placing the child out of the custody of the parent, but only after
notice and a hearing as required under this chapter and the juvenile court rules;
(2) time limits on the length of placement and of reunification services, including the
date on which the child is expected to be returned to and safely maintained in the home of
the parent or parents or placed for adoption or otherwise permanently removed from the
care of the parent by court order;
(3) the nature of the services available to the parent;
(4) the consequences to the parent and the child if the parent fails or is unable to use
services to correct the circumstances that led to the child's placement;
(5) the first consideration for placement with relatives;
(6) the benefit to the child in getting the child out of foster care as soon as possible,
preferably by returning the child home, but if that is not possible, through a permanent legal
placement of the child away from the parent;
(7) when safe for the child, the benefits to the child and the parent of maintaining
visitation with the child as soon as possible in the course of the case and, in any event,
according to the visitation plan under this section; and
(8) the financial responsibilities and obligations, if any, of the parent or parents for the
support of the child during the period the child is in foster care.
deleted text begin (c)deleted text end The
responsible social services agency shall inform a parent considering voluntary placement
of a child under section 260C.227 of the following information:
(1) the parent and the child each has a right to separate legal counsel before signing a
voluntary placement agreement, but not to counsel appointed at public expense;
(2) the parent is not required to agree to the voluntary placement, and a parent who enters
a voluntary placement agreement may at any time request that the agency return the child.
If the parent so requests, the child must be returned within 24 hours of the receipt of the
request;
(3) evidence gathered during the time the child is voluntarily placed may be used at a
later time as the basis for a petition alleging that the child is in need of protection or services
or as the basis for a petition seeking termination of parental rights or other permanent
placement of the child away from the parent;
(4) if the responsible social services agency files a petition alleging that the child is in
need of protection or services or a petition seeking the termination of parental rights or other
permanent placement of the child away from the parent, the parent would have the right to
appointment of separate legal counsel and the child would have a right to the appointment
of counsel and a guardian ad litem as provided by law, and that counsel will be appointed
at public expense if they are unable to afford counsel; and
(5) the timelines and procedures for review of voluntary placements under section
260C.212, subdivision 3, and the effect the time spent in voluntary placement on the
scheduling of a permanent placement determination hearing under sections 260C.503 to
260C.521.
deleted text begin (d)deleted text end When an agency accepts a child for placement, the
agency shall determine whether the child has had a physical examination by or under the
direction of a licensed physician within the 12 months immediately preceding the date when
the child came into the agency's care. If there is documentation that the child has had an
examination within the last 12 months, the agency is responsible for seeing that the child
has another physical examination within one year of the documented examination and
annually in subsequent years. If the agency determines that the child has not had a physical
examination within the 12 months immediately preceding placement, the agency shall ensure
that the child has an examination within 30 days of coming into the agency's care and once
a year in subsequent years.
deleted text begin (e)deleted text end Whether under
state guardianship or not, if a child leaves foster care by reason of having attained the age
of majority under state law, the child must be given at no cost a copy of the child's social
and medical history, as defined in section 259.43, and education report.
new text begin
(a) When a child enters foster care or moves to
a new foster care placement, the responsible social services agency should attempt to
coordinate a phone call between the foster parent or facility and the child's parent or legal
guardian to establish a connection and encourage ongoing information sharing between the
child's parent or legal guardian and the foster parent or facility; and to provide an opportunity
to share any information regarding the child, the child's needs, or the child's care that would
facilitate the child's adjustment to the foster home, promote stability, reduce the risk of
trauma, or otherwise improve the quality of the child's care.
new text end
new text begin
(b) The responsible social services agency should attempt to coordinate the phone call
in paragraph (a) as soon as practicable after the child arrives at the placement but no later
than 72 hours after the child's placement. If the responsible social services agency determines
that the phone call is not in the child's best interests, or if the agency is unable to identify,
locate, or contact the child's parent or legal guardian despite reasonable efforts, or despite
active efforts if the child is an American Indian child, the agency may delay the phone call
until up to 48 hours after the agency determines that the phone call is in the child's best
interests, or up to 48 hours after the child's parent or legal guardian is located or becomes
available for the phone call. The responsible social services agency is not required to attempt
to coordinate the phone call if placing the phone call poses a danger to the mental or physical
health of the child or foster parent.
new text end
new text begin
(c) The responsible social services agency shall document the date and time of the phone
call in paragraph (a), its efforts to coordinate the phone call, its efforts to identify, locate,
or find availability for the child's parent or legal guardian, any determination of whether
the phone call is in the child's best interests, and any reasons that the phone call did not
occur, including any danger to the child's or foster parent's mental or physical health.
new text end
new text begin
(a) The responsible social services
agency shall coordinate a prenatal alcohol exposure screening for any child who enters
foster care as soon as practicable but no later than 45 days after the removal of the child
from the child's home, if the agency has determined that the child has not previously been
screened or identified as prenatally exposed to alcohol.
new text end
new text begin
(b) The responsible social services agency shall ensure that the screening is conducted
in accordance with:
new text end
new text begin
(1) existing prenatal alcohol exposure screening best practice guidelines; and
new text end
new text begin
(2) the criteria developed and provided to the responsible social services agency by the
statewide organization that focuses solely on prevention and intervention with fetal alcohol
spectrum disorder and that receives funding under the appropriation for fetal alcohol spectrum
disorder in Laws 2007, chapter 147, article 19, section 4, subdivision 2.
new text end
new text begin
This section is effective for children who enter foster care on or
after August 1, 2020, except subdivision 6 is effective for children entering out-of-home
placement or moving between placements on or after November 1, 2020.
new text end
Laws 2016, chapter 189, article 15, section 29, is amended to read:
(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,
deleted text begin 2022deleted text end new text begin 2026new text end .
(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, deleted text begin 2023deleted text end new text begin 2027new text end , informing the legislature on the progress and outcomes of
the demonstration under this section.
Laws 2017, First Special Session chapter 6, article 7, section 33, subdivision 2,
is amended to read:
The pilot will establish five key developmental milestone
markers from birth to age eight. deleted text begin Enrollees in thedeleted text end Pilotnew text begin program participantsnew text end will be
developmentally assessed and tracked by a technology solution that tracks developmental
milestones along the established developmental continuum. If a deleted text begin child'sdeleted text end new text begin pilot program
participant'snew text end progress falls below established milestones deleted text begin and the weighted scoringdeleted text end , the
coordinated service system will focus on identified areas of concerndeleted text begin , mobilize appropriate
supportive services,deleted text end and offer new text begin referrals or new text end services to deleted text begin identified children and their familiesdeleted text end new text begin
pilot program participantsnew text end .
new text begin
This section is effective the day following final enactment.
new text end
Laws 2017, First Special Session chapter 6, article 7, section 33, subdivision 3,
is amended to read:
Pilot program participants
mustnew text begin opt in and provide parental or guardian consent to participate and be enrolled or engaged
in one or more of the followingnew text end :
(1) deleted text begin be enrolled indeleted text end a Women's Infant & Children (WIC) program;
(2) deleted text begin be participating indeleted text end a family home visiting programdeleted text begin ,deleted text end or deleted text begin nurse family practice, or
Healthy Families America (HFA)deleted text end new text begin Follow Along Programnew text end ;
(3) deleted text begin be children and families qualifying for and participating in early language learners
(ELL) in the school district in which they reside; anddeleted text end new text begin a school's early childhood screening;
or
new text end
(4) deleted text begin opt in and provide parental consent to participate in the pilot projectdeleted text end new text begin any other Dakota
County or school program that is determined as useful for identifying children at risk of
falling below established guidelinesnew text end .
new text begin
This section is effective the day following final enactment.
new text end
new text begin
By October 1, 2020, the commissioner of human services, after consultation with county
licensors and family child care providers, including those serving on the Family Child Care
Task Force, shall issue to counties a uniform application form for family child care variance
requests. The commissioner shall also issue any necessary training or guidance for counties
to use the form.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
By August 1, 2020, the commissioner of human services shall issue written guidance to
county social services agencies, foster parents, and facilities to fully implement the initial
foster care phone call procedures in Minnesota Statutes, section 260C.219, subdivision 6.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2019 Supplement, section 245.735, subdivision 3, is amended
to read:
(a) The commissioner shall
establish a state certification process for certified community behavioral health clinics
(CCBHCs). Entities that choose to be CCBHCs must:
(1) comply with the CCBHC criteria published by the United States Department of
Health and Human Services;
(2) employ or contract for clinic staff who have backgrounds in diverse disciplines,
including licensed mental health professionals and licensed alcohol and drug counselors,
and staff who are culturally and linguistically trained to meet the needs of the population
the clinic serves;
(3) ensure that clinic services are available and accessible to individuals and families of
all ages and genders and that crisis management services are available 24 hours per day;
(4) establish fees for clinic services for individuals who are not enrolled in medical
assistance using a sliding fee scale that ensures that services to patients are not denied or
limited due to an individual's inability to pay for services;
(5) comply with quality assurance reporting requirements and other reporting
requirements, including any required reporting of encounter data, clinical outcomes data,
and quality data;
(6) provide crisis mental health and substance use services, withdrawal management
services, emergency crisis intervention services, and stabilization services; screening,
assessment, and diagnosis services, including risk assessments and level of care
determinations; person- and family-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;
(7) provide coordination of care across settings and providers to ensure seamless
transitions for individuals being served 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, or
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 mental health services in Minnesota Rules, parts
9505.0370 to 9505.0372, and section 256B.0671;
(10) be licensed to provide substance use disorder treatment under chapter 245G;
(11) be certified to provide children's therapeutic services and supports under section
256B.0943;
(12) be certified to provide adult rehabilitative mental health services under section
256B.0623;
(13) be enrolled to provide mental health crisis response services under sections
256B.0624 and 256B.0944;
(14) be enrolled to provide mental health targeted case management under section
256B.0625, subdivision 20;
(15) comply with standards relating to mental health case management in Minnesota
Rules, parts 9520.0900 to 9520.0926;
(16) provide services that comply with the evidence-based practices described in
paragraph (e); and
(17) comply with standards relating to peer services under sections 256B.0615,
256B.0616, and 245G.07, subdivision 1, paragraph (a), clause (5), as applicable when peer
services are provided.
(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 any 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 section 256B.0625,
subdivision 5m, for those services without a county contract or county approval. deleted text begin There is
no county share when medical assistance pays the CCBHC prospective payment.deleted text end 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 county or 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) When the standards listed 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 if the variances do not conflict with federal requirements.
If standards overlap, the commissioner may 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. For the CCBHC that is certified but not approved for
prospective payment under section 256B.0625, subdivision 5m, the commissioner may
grant a variance under this paragraph if the variance does not increase the state share of
costs.
(e) The commissioner shall issue a list of required evidence-based practices to be
delivered by CCBHCs, and may also provide a list of recommended evidence-based practices.
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.
(f) 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.
Minnesota Statutes 2018, section 245A.11, subdivision 2a, is amended to read:
(a)
The commissioner shall issue adult foster care and community residential setting licenses
with a maximum licensed capacity of four beds, including nonstaff roomers and boarders,
except that the commissioner may issue a license with a capacity of five beds, including
roomers and boarders, according to paragraphs (b) to (g).
(b) The license holder may have a maximum license capacity of five if all persons in
care are age 55 or over and do not have a serious and persistent mental illness or a
developmental disability.
(c) The commissioner may grant variances to paragraph (b) to allow a facility with a
licensed capacity of up to five persons to admit an individual under the age of 55 if the
variance complies with section 245A.04, subdivision 9, and approval of the variance is
recommended by the county in which the licensed facility is located.
(d) The commissioner may grant variances to paragraph (a) to allow the use of an
additional bed, up to five, for emergency crisis services for a person with serious and
persistent mental illness or a developmental disability, regardless of age, if the variance
complies with section 245A.04, subdivision 9, and approval of the variance is recommended
by the county in which the licensed facility is located.
(e) The commissioner may grant a variance to paragraph (b) to allow for the use of an
additional bed, up to five, for respite services, as defined in section 245A.02, for persons
with disabilities, regardless of age, if the variance complies with sections 245A.03,
subdivision 7, and 245A.04, subdivision 9, and approval of the variance is recommended
by the county in which the licensed facility is located. Respite care may be provided under
the following conditions:
(1) staffing ratios cannot be reduced below the approved level for the individuals being
served in the home on a permanent basis;
(2) no more than two different individuals can be accepted for respite services in any
calendar month and the total respite days may not exceed 120 days per program in any
calendar year;
(3) the person receiving respite services must have his or her own bedroom, which could
be used for alternative purposes when not used as a respite bedroom, and cannot be the
room of another person who lives in the facility; and
(4) individuals living in the facility must be notified when the variance is approved. The
provider must give 60 days' notice in writing to the residents and their legal representatives
prior to accepting the first respite placement. Notice must be given to residents at least two
days prior to service initiation, or as soon as the license holder is able if they receive notice
of the need for respite less than two days prior to initiation, each time a respite client will
be served, unless the requirement for this notice is waived by the resident or legal guardian.
(f) The commissioner may issue an adult foster care or community residential setting
license with a capacity of five adults if the fifth bed does not increase the overall statewide
capacity of licensed adult foster care or community residential setting beds in homes that
are not the primary residence of the license holder, as identified in a plan submitted to the
commissioner by the county, when the capacity is recommended by the county licensing
agency of the county in which the facility is located and if the recommendation verifies
that:
(1) the facility meets the physical environment requirements in the adult foster care
licensing rule;
(2) the five-bed living arrangement is specified for each resident in the resident's:
(i) individualized plan of care;
(ii) individual service plan under section 256B.092, subdivision 1b, if required; or
(iii) individual resident placement agreement under Minnesota Rules, part 9555.5105,
subpart 19, if required;
(3) the license holder obtains written and signed informed consent from each resident
or resident's legal representative documenting the resident's informed choice to remain
living in the home and that the resident's refusal to consent would not have resulted in
service termination; and
(4) the facility was licensed for adult foster care before March 1, deleted text begin 2011deleted text end new text begin 2016new text end .
(g) The commissioner shall not issue a new adult foster care license under paragraph (f)
after deleted text begin June 30deleted text end new text begin December 31new text end , deleted text begin 2019deleted text end new text begin 2020new text end . The commissioner shall allow a facility with an
adult foster care license issued under paragraph (f) before deleted text begin June 30deleted text end new text begin December 31new text end , deleted text begin 2019deleted text end new text begin 2020new text end ,
to continue with a capacity of five adults if the license holder continues to comply with the
requirements in paragraph (f).
Minnesota Statutes 2018, section 245D.02, is amended by adding a subdivision to
read:
new text begin
"Sexual violence" means the use of sexual actions or words
that are unwanted or harmful to another person.
new text end
Minnesota Statutes 2018, section 245D.071, subdivision 3, is amended to read:
(a) Within 15 days of service initiation
the license holder must complete a preliminary coordinated service and support plan
addendum based on the coordinated service and support plan.
(b) Within the scope of services, the license holder must, at a minimum, complete
assessments in the following areas before the 45-day planning meeting:
(1) the person's ability to self-manage health and medical needs to maintain or improve
physical, mental, and emotional well-being, including, when applicable, allergies, seizures,
choking, special dietary needs, chronic medical conditions, self-administration of medication
or treatment orders, preventative screening, and medical and dental appointments;
(2) the person's ability to self-manage personal safety to avoid injury or accident in the
service setting, including, when applicable, risk of falling, mobility, regulating water
temperature, community survival skills, water safety skills, and sensory disabilities; and
(3) the person's ability to self-manage symptoms or behavior that may otherwise result
in an incident as defined in section 245D.02, subdivision 11, clauses (4) to (7), suspension
or termination of services by the license holder, or other symptoms or behaviors that may
jeopardize the health and welfare of the person or others.
Assessments must produce information about the person that describes the person's overall
strengths, functional skills and abilities, and behaviors or symptoms. Assessments must be
based on the person's status within the last 12 months at the time of service initiation.
Assessments based on older information must be documented and justified. Assessments
must be conducted annually at a minimum or within 30 days of a written request from the
person or the person's legal representative or case manager. The results must be reviewed
by the support team or expanded support team as part of a service plan review.
(c) deleted text begin Withindeleted text end new text begin Before providingnew text end 45 days of service deleted text begin initiationdeleted text end new text begin or within 60 calendar days of
service initiation, whichever is shorternew text end , the license holder must meet with the person, the
person's legal representative, the case manager, deleted text begin anddeleted text end other members of the support team or
expanded support teamnew text begin , and other people as identified by the person or the person's legal
representativenew text end to determine the following based on information obtained from the assessments
identified in paragraph (b), the person's identified needs in the coordinated service and
support plan, and the requirements in subdivision 4 and section 245D.07, subdivision 1a:
(1) the scope of the services to be provided to support the person's daily needs and
activities;
(2) the person's desired outcomes and the supports necessary to accomplish the person's
desired outcomes;
(3) the person's preferences for how services and supports are provided, including how
the provider will support the person to have control of the person's schedule;
(4) whether the current service setting is the most integrated setting available and
appropriate for the person; deleted text begin and
deleted text end
new text begin
(5) opportunities to develop and maintain essential and life-enriching skills, abilities,
strengths, interests, and preferences;
new text end
new text begin
(6) opportunities for community access, participation, and inclusion in preferred
community activities;
new text end
new text begin
(7) opportunities to develop and strengthen personal relationships with other persons of
the person's choice in the community;
new text end
new text begin
(8) opportunities to seek competitive employment and work at competitively paying
jobs in the community; and
new text end
deleted text begin (5)deleted text end new text begin (9)new text end how services must be coordinated across other providers licensed under this
chapter serving the person and members of the support team or expanded support team to
ensure continuity of care and coordination of services for the person.
(d) A discussion of how technology might be used to meet the person's desired outcomes
must be included in the 45-day planning meeting. The coordinated service and support plan
or support plan addendum must include a summary of this discussion. The summary must
include a statement regarding any decision that is made regarding the use of technology
and a description of any further research that needs to be completed before a decision
regarding the use of technology can be made. Nothing in this paragraph requires that the
coordinated service and support plan include the use of technology for the provision of
services.
Minnesota Statutes 2018, section 245D.081, subdivision 2, is amended to read:
(a) Delivery
and evaluation of services provided by the license holder must be coordinated by a designated
staff person. new text begin Except as provided in clause (3), new text end the designated coordinator must provide
supervision, support, and evaluation of activities that include:
(1) oversight of the license holder's responsibilities assigned in the person's coordinated
service and support plan and the coordinated service and support plan addendum;
(2) taking the action necessary to facilitate the accomplishment of the outcomes according
to the requirements in section 245D.07;
(3) instruction and assistance to direct support staff implementing the coordinated service
and support plan and the service outcomes, including direct observation of service delivery
sufficient to assess staff competencynew text begin . The designated coordinator may delegate the direct
observation and competency assessment of the service delivery activities of direct support
staff to an individual whom the designated coordinator has previously deemed competent
in those activitiesnew text end ; and
(4) evaluation of the effectiveness of service delivery, methodologies, and progress on
the person's outcomes based on the measurable and observable criteria for identifying when
the desired outcome has been achieved according to the requirements in section 245D.07.
(b) The license holder must ensure that the designated coordinator is competent to
perform the required duties identified in paragraph (a) through education, training, and work
experience relevant to the primary disability of persons served by the license holder and
the individual persons for whom the designated coordinator is responsible. The designated
coordinator must have the skills and ability necessary to develop effective plans and to
design and use data systems to measure effectiveness of services and supports. The license
holder must verify and document competence according to the requirements in section
245D.09, subdivision 3. The designated coordinator must minimally have:
(1) a baccalaureate degree in a field related to human services, and one year of full-time
work experience providing direct care services to persons with disabilities or persons age
65 and older;
(2) an associate degree in a field related to human services, and two years of full-time
work experience providing direct care services to persons with disabilities or persons age
65 and older;
(3) a diploma in a field related to human services from an accredited postsecondary
institution and three years of full-time work experience providing direct care services to
persons with disabilities or persons age 65 and older; or
(4) a minimum of 50 hours of education and training related to human services and
disabilities; and
(5) four years of full-time work experience providing direct care services to persons
with disabilities or persons age 65 and older under the supervision of a staff person who
meets the qualifications identified in clauses (1) to (3).
Minnesota Statutes 2018, section 245D.09, subdivision 4, is amended to read:
Except for a license holder who does
not supervise any direct support staff, within 60 calendar days of hire, unless stated otherwise,
the license holder must provide and ensure completion of orientation sufficient to create
staff competency for direct support staff that combines supervised on-the-job training with
review of and instruction in the following areas:
(1) the job description and how to complete specific job functions, including:
(i) responding to and reporting incidents as required under section 245D.06, subdivision
1; and
(ii) following safety practices established by the license holder and as required in section
245D.06, subdivision 2;
(2) the license holder's current policies and procedures required under this chapter,
including their location and access, and staff responsibilities related to implementation of
those policies and procedures;
(3) data privacy requirements according to sections 13.01 to 13.10 and 13.46, the federal
Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff
responsibilities related to complying with data privacy practices;
(4) the service recipient rights and staff responsibilities related to ensuring the exercise
and protection of those rights according to the requirements in section 245D.04;
(5) sections 245A.65, 245A.66, 626.556, and 626.557, governing maltreatment reporting
and service planning for children and vulnerable adults, and staff responsibilities related to
protecting persons from maltreatment and reporting maltreatment. This orientation must be
provided within 72 hours of first providing direct contact services and annually thereafter
according to section 245A.65, subdivision 3;
(6) the principles of person-centered service planning and delivery as identified in section
245D.07, subdivision 1a, and how they apply to direct support service provided by the staff
person;
(7) the safe and correct use of manual restraint on an emergency basis according to the
requirements in section 245D.061 or successor provisions, and what constitutes the use of
restraints, time out, and seclusion, including chemical restraint;
(8) staff responsibilities related to prohibited procedures under section 245D.06,
subdivision 5, or successor provisions, why such procedures are not effective for reducing
or eliminating symptoms or undesired behavior, and why such procedures are not safe;
(9) basic first aid; deleted text begin and
deleted text end
(10) new text begin strategies to minimize the risk of sexual violence, including concepts of healthy
relationships, consent, and bodily autonomy of people with disabilities; and
new text end
new text begin (11) new text end other topics as determined necessary in the person's coordinated service and support
plan by the case manager or other areas identified by the license holder.
Minnesota Statutes 2018, section 245D.09, subdivision 4a, is amended to read:
(a) Before having
unsupervised direct contact with a person served by the program, or for whom the staff
person has not previously provided direct support, or any time the plans or procedures
identified in paragraphs (b) to (f) are revised, the staff person must review and receive
instruction on the requirements in paragraphs (b) to (f) as they relate to the staff person's
job functions for that person.
(b) For community residential services, training and competency evaluations must include
the following, if identified in the coordinated service and support plan:
(1) appropriate and safe techniques in personal hygiene and grooming, including hair
care; bathing; care of teeth, gums, and oral prosthetic devices; and other activities of daily
living (ADLs) as defined under section 256B.0659, subdivision 1;
(2) an understanding of what constitutes a healthy diet according to data from the Centers
for Disease Control and Prevention and the skills necessary to prepare that diet; and
(3) skills necessary to provide appropriate support in instrumental activities of daily
living (IADLs) as defined under section 256B.0659, subdivision 1.
(c) The staff person must review and receive instruction on the person's coordinated
service and support plan or coordinated service and support plan addendum as it relates to
the responsibilities assigned to the license holder, and when applicable, the person's individual
abuse prevention plan, to achieve and demonstrate an understanding of the person as a
unique individual, and how to implement those plans.
(d) The staff person must review and receive instruction on medication setup, assistance,
or administration procedures established for the person when assigned to the license holder
according to section 245D.05, subdivision 1, paragraph (b). Unlicensed staff may perform
medication setup or medication administration only after successful completion of a
medication setup or medication administration training, from a training curriculum developed
by a registered nurse or appropriate licensed health professional. The training curriculum
must incorporate an observed skill assessment conducted by the trainer to ensure unlicensed
staff demonstrate the ability to safely and correctly follow medication procedures.
Medication administration must be taught by a registered nurse, clinical nurse specialist,
certified nurse practitioner, physician assistant, or physician if, at the time of service initiation
or any time thereafter, the person has or develops a health care condition that affects the
service options available to the person because the condition requires:
(1) specialized or intensive medical or nursing supervision; and
(2) nonmedical service providers to adapt their services to accommodate the health and
safety needs of the person.
(e) The staff person must review and receive instruction on the safe and correct operation
of medical equipment used by the person to sustain life or to monitor a medical condition
that could become life-threatening without proper use of the medical equipment, including
but not limited to ventilators, feeding tubes, or endotracheal tubes. The training must be
provided by a licensed health care professional or a manufacturer's representative and
incorporate an observed skill assessment to ensure staff demonstrate the ability to safely
and correctly operate the equipment according to the treatment orders and the manufacturer's
instructions.
(f) The staff person must review and receive instruction on mental health crisis response,
de-escalation techniques, and suicide intervention when providing direct support to a person
with a serious mental illness.
(g) In the event of an emergency service initiation, the license holder must ensure the
training required in this subdivision occurs within 72 hours of the direct support staff person
first having unsupervised contact with the person receiving services. The license holder
must document the reason for the unplanned or emergency service initiation and maintain
the documentation in the person's service recipient record.
(h) License holders who provide direct support services themselves must complete the
orientation required in subdivision 4, clauses (3) to deleted text begin (10)deleted text end new text begin (11)new text end .
Minnesota Statutes 2019 Supplement, section 245D.09, subdivision 5, is amended
to read:
A license holder must provide annual training to direct support
staff on the topics identified in subdivision 4, clauses (3) to deleted text begin (10)deleted text end new text begin (11)new text end . If the direct support
staff has a first aid certification, annual training under subdivision 4, clause (9), is not
required as long as the certification remains current.
Minnesota Statutes 2018, section 256.975, subdivision 12, is amended to read:
Beginning on July 1, 2019, the Minnesota
Board on Aging shallnew text begin , in consultation with area agencies on aging and other community
caregiver stakeholders,new text end administer self-directed caregiver grants to support at-risk family
caregivers of older adults or others eligible under the Older Americans Act of 1965, United
States Code, title 42, chapter 35, sections 3001 to 3058ff, to sustain family caregivers in
the caregivers' roles so older adults can remain at home longer. deleted text begin The board shall give priority
to consumers referred under section 256.975, subdivision 7, paragraph (d).deleted text end new text begin The board shall
submit by January 15, 2022, and each January thereafter, a progress report on the self-directed
caregiver grants program to the chairs and ranking minority members of the senate and
house of representatives committees and divisions with jurisdiction over human services.
The progress report must include metrics on the use of the program.
new text end
Minnesota Statutes 2019 Supplement, section 256B.056, subdivision 5c, is
amended to read:
(a) The excess income standard for parents and
caretaker relatives, pregnant women, infants, and children ages two through 20 is the standard
specified in subdivision 4, paragraph (b).
(b) The excess income standard for a person whose eligibility is based on blindness,
disability, or age of 65 or more years shall equal:
(1) 81 percent of the federal poverty guidelines; and
(2) effective July 1, 2022, deleted text begin 100 percent of the federal poverty guidelinesdeleted text end new text begin the standard
specified in subdivision 4, paragraph (a)new text end .
Minnesota Statutes 2019 Supplement, section 256B.0625, subdivision 5m, is
amended to read:
(a) Medical
assistance covers certified community behavioral health clinic (CCBHC) services that meet
the requirements of section 245.735, subdivision 3.
(b) The commissioner shall establish standards and methodologies for a prospective
payment system for medical assistance payments for services delivered by a CCBHC, in
accordance with guidance issued by the Centers for Medicare and Medicaid Services. The
commissioner shall include a quality bonus payment in the prospective payment system
based on federal criteria.new text begin There is no county share when medical assistance pays the CCBHC
prospective payment.
new text end
deleted text begin
(c) To the extent allowed by federal law, the commissioner may limit the number of
CCBHCs for the prospective payment system in paragraph (b) to ensure that the projected
claims do not exceed the money appropriated for this purpose. The commissioner shall
apply the following priorities, in the order listed, to give preference to clinics that:
deleted text end
deleted text begin
(1) provide a comprehensive range of services and evidence-based practices for all age
groups, with services being fully coordinated and integrated;
deleted text end
deleted text begin
(2) are certified as CCBHCs during the federal section 223 CCBHC demonstration
period;
deleted text end
deleted text begin
(3) receive CCBHC grants from the United States Department of Health and Human
Services; or
deleted text end
deleted text begin
(4) focus on serving individuals in tribal areas and other underserved communities.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end Unless otherwise indicated in applicable federal requirements, the prospective
payment system must continue to be based on the federal instructions issued for the federal
section 223 CCBHC demonstration, except:
(1) the commissioner shall rebase CCBHC rates at least every three years;
(2) the commissioner shall provide for a 60-day appeals process of the rebasing;
(3) the prohibition against inclusion of new facilities in the demonstration does not apply
after the demonstration ends;
(4) the prospective payment rate under this section does not apply to services rendered
by CCBHCs to individuals who are dually eligible for Medicare and medical assistance
when Medicare is the primary payer for the service. An entity that receives a prospective
payment system rate that overlaps with the CCBHC rate is not eligible for the CCBHC rate;
(5) payments for CCBHC services to individuals enrolled in managed care shall be
coordinated with the state's phase-out of CCBHC wrap payments;
(6) initial prospective payment rates for CCBHCs certified after July 1, 2019, shall be
based on rates for comparable CCBHCs. If no comparable provider exists, the commissioner
shall compute a CCBHC-specific rate based upon the CCBHC's audited costs adjusted for
changes in the scope of services; deleted text begin and
deleted text end
(7) the prospective payment rate for each CCBHC shall be adjusted annually by the
Medicare Economic Index as defined for the federal section 223 CCBHC demonstrationdeleted text begin .deleted text end new text begin ;
and
new text end
new text begin
(8) the commissioner shall seek federal approval for a CCBHC rate methodology that
allows for rate modifications based on changes in scope for an individual CCBHC, including
changes to the type, intensity, or duration of services. Upon federal approval, a CCBHC
may submit a change of scope request to the commissioner if the change in scope would
result in a change of 2.5 percent or more in the prospective payment system rate currently
received by the CCBHC. CCBHC change of scope requests must be according to a format
and timeline to be determined by the commissioner in consultation with CCBHCs.
new text end
new text begin
(d) Managed care plans and county-based purchasing plans shall reimburse CCBHC
providers at the prospective payment rate. The commissioner shall monitor the effect of
this requirement on the rate of access to the services delivered by CCBHC providers. If, for
any contract year, federal approval is not received due to the provisions of this paragraph,
the commissioner must adjust the capitation rates paid to managed care plans and
county-based purchasing plans for that contract year to reflect the removal of this provision.
Contracts between managed care plans and county-based purchasing plans and providers
to whom this paragraph applies must allow recovery of payments from those providers if
capitation rates are adjusted in accordance with this paragraph. Payment recoveries must
not exceed the amount equal to any increase in rates that results from this provision. If
federal approval is not received at any time due to the provisions of this paragraph, this
paragraph will expire.
new text end
Minnesota Statutes 2018, section 256B.0625, subdivision 56a, is amended to
read:
(a) Medical assistance covers deleted text begin post-arrestdeleted text end new text begin officer-involved new text end community-based
deleted text begin servicedeleted text end new text begin care new text end coordination for an individual who:
(1) has deleted text begin been identified as havingdeleted text end new text begin screened positive for benefiting from treatment for new text end a
mental illness or substance use disorder using a deleted text begin screeningdeleted text end tool approved by the commissioner;
(2) does not require the security of a public detention facility and is not considered an
inmate of a public institution as defined in Code of Federal Regulations, title 42, section
435.1010;
(3) meets the eligibility requirements in section 256B.056; and
(4) has agreed to participate in deleted text begin post-arrestdeleted text end new text begin officer-involved new text end community-based deleted text begin servicedeleted text end
new text begin care new text end coordination deleted text begin through a diversion contract in lieu of incarcerationdeleted text end .
(b) deleted text begin Post-arrestdeleted text end new text begin Officer-involvednew text end community-based deleted text begin servicedeleted text end new text begin care new text end coordination means
navigating services to address a client's mental health, chemical health, social, economic,
and housing needs, or any other activity targeted at reducing the incidence of jail utilization
and connecting individuals with existing covered services available to them, including, but
not limited to, targeted case management, waiver case management, or care coordination.
(c) deleted text begin Post-arrestdeleted text end new text begin Officer-involved new text end community-based deleted text begin servicedeleted text end new text begin care new text end coordination must be
provided by an individual who is an employee of deleted text begin a countydeleted text end or is under contract with a countynew text begin ,
or is an employee of or under contract with an Indian health service facility or facility owned
and operated by a tribe or a tribal organization operating under Public Law 93-638 as a 638
facilitynew text end to provide deleted text begin post-arrestdeleted text end new text begin officer-involved new text end community-based new text begin care new text end coordination and is
qualified under one of the following criteria:
(1) a licensed mental health professional as defined in section 245.462, subdivision 18,
clauses (1) to (6);
(2) a mental health practitioner as defined in section 245.462, subdivision 17, working
under the clinical supervision of a mental health professional; deleted text begin or
deleted text end
(3) a certified peer specialist under section 256B.0615, working under the clinical
supervision of a mental health professionaldeleted text begin .deleted text end new text begin ;
new text end
new text begin
(4) an individual qualified as an alcohol and drug counselor under section 245G.11,
subdivision 5; or
new text end
new text begin
(5) a recovery peer qualified under section 245G.11, subdivision 8, working under the
supervision of an individual qualified as an alcohol and drug counselor under section
245G.11, subdivision 5.
new text end
(d) Reimbursement is allowed for up to 60 days following the initial determination of
eligibility.
(e) Providers of deleted text begin post-arrestdeleted text end new text begin officer-involved new text end community-based deleted text begin servicedeleted text end new text begin care new text end coordination
shall annually report to the commissioner on the number of individuals served, and number
of the community-based services that were accessed by recipients. The commissioner shall
ensure that services and payments provided under deleted text begin post-arrestdeleted text end new text begin officer-involved
new text end community-based deleted text begin servicedeleted text end new text begin care new text end coordination do not duplicate services or payments provided
under section 256B.0625, subdivision 20, 256B.0753, 256B.0755, or 256B.0757.
(f) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of cost for
deleted text begin post-arrestdeleted text end new text begin officer-involvednew text end community-based deleted text begin servicedeleted text end new text begin carenew text end coordination services shall be
provided by the county providing the services, from sources other than federal funds or
funds used to match other federal funds.
Minnesota Statutes 2018, section 256B.0653, subdivision 4, is amended to read:
(a) Skilled nurse visit services must be provided
by a registered nurse or a licensed practical nurse under the supervision of a registered nurse,
according to the written plan of care and accepted standards of medical and nursing practice
according to chapter 148. Skilled nurse visit services must be ordered by a physician,
deleted text begin advanced practice registereddeleted text end nursenew text begin practitioner, clinical nurse specialist, certified nurse
midwifenew text end , or physician assistant and documented in a plan of care that is reviewed and
approved by the ordering deleted text begin physician, advanced practice registered nurse, or physician assistantdeleted text end new text begin
practitionernew text end at least once every 60 days. All skilled nurse visits must be medically necessary
and provided in the recipient's home residence or in the community where normal life
activities take the recipient, except as allowed under section 256B.0625, subdivision 6a.
(b) Skilled nurse visits include face-to-face and telehomecare visits with a limit of up
to two visits per day per recipient. All visits must be based on assessed needs.
(c) Telehomecare skilled nurse visits are allowed when the recipient's health status can
be accurately measured and assessed without a need for a face-to-face, hands-on encounter.
All telehomecare skilled nurse visits must have authorization and are paid at the same
allowable rates as face-to-face skilled nurse visits.
(d) The provision of telehomecare must be made via live, two-way interactive audiovisual
technology and may be augmented by utilizing store-and-forward technologies. Individually
identifiable patient data obtained through real-time or store-and-forward technology must
be maintained as health records according to sections 144.291 to 144.298. If the video is
used for research, training, or other purposes unrelated to the care of the patient, the identity
of the patient must be concealed.
(e) Authorization for skilled nurse visits must be completed under section 256B.0652.
A total of nine face-to-face skilled nurse visits per calendar year do not require authorization.
All telehomecare skilled nurse visits require authorization.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 256B.0653, subdivision 5, is amended to read:
(a) Home care therapies include the following: physical
therapy, occupational therapy, respiratory therapy, and speech and language pathology
therapy services.
(b) Home care therapies must be:
(1) provided in the recipient's residence or in the community where normal life activities
take the recipient after it has been determined the recipient is unable to access outpatient
therapy;
(2) prescribed, ordered, or referred by a physiciannew text begin , nurse practitioner, clinical nurse
specialist, certified nurse midwife, or physician assistant,new text end and documented in a plan of care
and reviewed, according to Minnesota Rules, part 9505.0390;
(3) assessed by an appropriate therapist; and
(4) provided by a Medicare-certified home health agency enrolled as a Medicaid provider
agency.
(c) Restorative and specialized maintenance therapies must be provided according to
Minnesota Rules, part 9505.0390. Physical and occupational therapy assistants may be used
as allowed under Minnesota Rules, part 9505.0390, subpart 1, item B.
(d) For both physical and occupational therapies, the therapist and the therapist's assistant
may not both bill for services provided to a recipient on the same day.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 256B.0653, subdivision 7, is amended to read:
(a) A face-to-face encounter by a qualifying provider
must be completed for all home health services regardless of the need for prior authorization,
except when providing a onetime perinatal visit by skilled nursing. The face-to-face encounter
may occur through telemedicine as defined in section 256B.0625, subdivision 3b. The
encounter must be related to the primary reason the recipient requires home health services
and must occur within the 90 days before or the 30 days after the start of services. The
face-to-face encounter may be conducted by one of the following practitioners, licensed in
Minnesota:
(1) a physician;
(2) a nurse practitioner or clinical nurse specialist;
(3) a certified nurse midwife; or
(4) a physician assistant.
(b) The allowed deleted text begin nonphysiciandeleted text end practitioner, as described in this subdivision, performing
the face-to-face encounter new text begin but who is not the ordering practitionernew text end must communicate the
clinical findings of that face-to-face encounter to the ordering deleted text begin physiciandeleted text end new text begin practitionernew text end . deleted text begin Thosedeleted text end
new text begin The new text end clinical findings new text begin of that face-to-face encounter new text end must be incorporated into a written or
electronic document included in the recipient's medical record. To assure clinical correlation
between the face-to-face encounter and the associated home health services, the deleted text begin physiciandeleted text end new text begin
practitionernew text end responsible for ordering the services must:
(1) document that the face-to-face encounter, which is related to the primary reason the
recipient requires home health services, occurred within the required time period; and
(2) indicate the practitioner who conducted the encounter and the date of the encounter.
(c) For home health services requiring authorization, including prior authorization, home
health agencies must retain the qualifying documentation of a face-to-face encounter as part
of the recipient health service record, and submit the qualifying documentation to the
commissioner or the commissioner's designee upon request.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 256B.0654, subdivision 1, is amended to read:
(a) "Complex home care nursing" means home care nursing
services provided to recipients who meet the criteria for regular home care nursing and
require life-sustaining interventions to reduce the risk of long-term injury or death.
(b) "Home care nursing" means ongoing deleted text begin physician-ordereddeleted text end hourly nursing services
new text begin ordered by a physician, nurse practitioner, clinical nurse specialist, certified nurse midwife,
or physician assistant, new text end performed by a registered nurse or licensed practical nurse within
the scope of practice as defined by the Minnesota Nurse Practice Act under sections 148.171
to 148.285, in order to maintain or restore a person's health.
(c) "Home care nursing agency" means a medical assistance enrolled provider licensed
under chapter 144A to provide home care nursing services.
(d) "Regular home care nursing" means home care nursing provided because:
(1) the recipient requires more individual and continuous care than can be provided
during a skilled nurse visit; or
(2) the cares are outside of the scope of services that can be provided by a home health
aide or personal care assistant.
(e) "Shared home care nursing" means the provision of home care nursing services by
a home care nurse to two recipients at the same time and in the same setting.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 256B.0654, subdivision 2a, is amended to read:
(a) Home care nursing services must be used:
(1) in the recipient's home or outside the home when normal life activities require;
(2) when the recipient requires more individual and continuous care than can be provided
during a skilled nurse visit; and
(3) when the care required is outside of the scope of services that can be provided by a
home health aide or personal care assistant.
(b) Home care nursing services must be:
(1) assessed by a registered nurse on a form approved by the commissioner;
(2) ordered by a physiciannew text begin , nurse practitioner, clinical nurse specialist, certified nurse
midwife, or physician assistant,new text end and documented in a plan of care that is reviewed by the
deleted text begin physiciandeleted text end new text begin ordering practitionernew text end at least once every 60 days; and
(3) authorized by the commissioner under section 256B.0652.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2019 Supplement, section 256B.0711, subdivision 1, is
amended to read:
For purposes of this section:
(a) "Commissioner" means the commissioner of human services unless otherwise
indicated.
(b) "Covered program" means a program to provide direct support services funded in
whole or in part by the state of Minnesota, including the community first services and
supports programnew text begin under section 256B.85, subdivision 2, paragraph (e)new text end ; deleted text begin consumer directeddeleted text end new text begin
consumer-directednew text end community supports deleted text begin servicesdeleted text end and extended state plan personal care
assistance services available under programs established pursuant to home and
community-based service waivers authorized under section 1915(c) of the Social Security
Act, and Minnesota Statutes, including, but not limited to, chapter 256S and sections
256B.092 and 256B.49, and under the alternative care programdeleted text begin , as offered pursuant todeleted text end new text begin undernew text end
section 256B.0913; the personal care assistance choice programdeleted text begin , as established pursuant todeleted text end new text begin
undernew text end section 256B.0659, subdivisions 18 to 20; and any similar program that may provide
similar services in the future.
(c) "Direct support services" means personal care assistance services covered by medical
assistance under section 256B.0625, subdivisions 19a and 19c; assistance with activities of
daily living as defined in section 256B.0659, subdivision 1, paragraph (b), and instrumental
activities of daily living as defined in section 256B.0659, subdivision 1, paragraph (i); and
other similar, in-home, nonprofessional long-term services and supports provided to an
elderly person or person with a disability by the person's employee or the employee of the
person's representative to meet such person's daily living needs and ensure that such person
may adequately function in the person's home and have safe access to the community.
(d) "Individual provider" means an individual selected by and working under the direction
of a participant in a covered program, or a participant's representative, to provide direct
support services to the participant, but does not include an employee of a provider agency,
subject to the agency's direction and control commensurate with agency employee status.
(e) "Participant" means a person who receives direct support services through a covered
program.
(f) "Participant's representative" means a participant's legal guardian or an individual
having the authority and responsibility to act on behalf of a participant with respect to the
provision of direct support services through a covered program.
Minnesota Statutes 2019 Supplement, section 256B.0911, subdivision 3a, is
amended to read:
(a) Persons requesting assessment, services
planning, or other assistance intended to support community-based living, including persons
who need assessment in order to determine waiver or alternative care program eligibility,
must be visited by a long-term care consultation team within 20 calendar days after the date
on which an assessment was requested or recommended. Upon statewide implementation
of subdivisions 2b, 2c, and 5, this requirement also applies to an assessment of a person
requesting personal care assistance services. new text begin The commissioner shall provide at least a
90-day notice to lead agencies prior to the effective date of this requirement. new text end Face-to-face
assessments must be conducted according to paragraphs (b) to (i).
(b) Upon implementation of subdivisions 2b, 2c, and 5, lead agencies shall use certified
assessors to conduct the assessment. For a person with complex health care needs, a public
health or registered nurse from the team must be consulted.
(c) The MnCHOICES assessment provided by the commissioner to lead agencies must
be used to complete a comprehensive, conversation-based, person-centered assessment.
The assessment must include the health, psychological, functional, environmental, and
social needs of the individual necessary to develop a community support plan that meets
the individual's needs and preferences.
(d) The assessment must be conducted in a face-to-face conversational interview with
the person being assessed. The person's legal representative must provide input during the
assessment process and may do so remotely if requested. At the request of the person, other
individuals may participate in the assessment to provide information on the needs, strengths,
and preferences of the person necessary to develop a community support plan that ensures
the person's health and safety. Except for legal representatives or family members invited
by the person, persons participating in the assessment may not be a provider of service or
have any financial interest in the provision of services. For persons who are to be assessed
for elderly waiver customized living or adult day services under chapter 256S, with the
permission of the person being assessed or the person's designated or legal representative,
the client's current or proposed provider of services may submit a copy of the provider's
nursing assessment or written report outlining its recommendations regarding the client's
care needs. The person conducting the assessment must notify the provider of the date by
which this information is to be submitted. This information shall be provided to the person
conducting the assessment prior to the assessment. For a person who is to be assessed for
waiver services under section 256B.092 or 256B.49, with the permission of the person being
assessed or the person's designated legal representative, the person's current provider of
services may submit a written report outlining recommendations regarding the person's care
needs the person completed in consultation with someone who is known to the person and
has interaction with the person on a regular basis. The provider must submit the report at
least 60 days before the end of the person's current service agreement. The certified assessor
must consider the content of the submitted report prior to finalizing the person's assessment
or reassessment.
(e) The certified assessor and the individual responsible for developing the coordinated
service and support plan must complete the community support plan and the coordinated
service and support plan no more than 60 calendar days from the assessment visit. The
person or the person's legal representative must be provided with a written community
support plan within the timelines established by the commissioner, regardless of whether
the person is eligible for Minnesota health care programs.
(f) For a person being assessed for elderly waiver services under chapter 256S, a provider
who submitted information under paragraph (d) shall receive the final written community
support plan when available and the Residential Services Workbook.
(g) The written community support plan must include:
(1) a summary of assessed needs as defined in paragraphs (c) and (d);
(2) the individual's options and choices to meet identified needs, including all available
options for case management services and providers, including service provided in a
non-disability-specific setting;
(3) identification of health and safety risks and how those risks will be addressed,
including personal risk management strategies;
(4) referral information; and
(5) informal caregiver supports, if applicable.
For a person determined eligible for state plan home care under subdivision 1a, paragraph
(b), clause (1), the person or person's representative must also receive a copy of the home
care service plan developed by the certified assessor.
(h) A person may request assistance in identifying community supports without
participating in a complete assessment. Upon a request for assistance identifying community
support, the person must be transferred or referred to long-term care options counseling
services available under sections 256.975, subdivision 7, and 256.01, subdivision 24, for
telephone assistance and follow up.
(i) The person has the right to make the final decision between institutional placement
and community placement after the recommendations have been provided, except as provided
in section 256.975, subdivision 7a, paragraph (d).
(j) The lead agency must give the person receiving assessment or support planning, or
the person's legal representative, materials, and forms supplied by the commissioner
containing the following information:
(1) written recommendations for community-based services and consumer-directed
options;
(2) documentation that the most cost-effective alternatives available were offered to the
individual. For purposes of this clause, "cost-effective" means community services and
living arrangements that cost the same as or less than institutional care. For an individual
found to meet eligibility criteria for home and community-based service programs under
chapter 256S or section 256B.49, "cost-effectiveness" has the meaning found in the federally
approved waiver plan for each program;
(3) the need for and purpose of preadmission screening conducted by long-term care
options counselors according to section 256.975, subdivisions 7a to 7c, if the person selects
nursing facility placement. If the individual selects nursing facility placement, the lead
agency shall forward information needed to complete the level of care determinations and
screening for developmental disability and mental illness collected during the assessment
to the long-term care options counselor using forms provided by the commissioner;
(4) the role of long-term care consultation assessment and support planning in eligibility
determination for waiver and alternative care programs, and state plan home care, case
management, and other services as defined in subdivision 1a, paragraphs (a), clause (6),
and (b);
(5) information about Minnesota health care programs;
(6) the person's freedom to accept or reject the recommendations of the team;
(7) the person's right to confidentiality under the Minnesota Government Data Practices
Act, chapter 13;
(8) the certified assessor's decision regarding the person's need for institutional level of
care as determined under criteria established in subdivision 4e and the certified assessor's
decision regarding eligibility for all services and programs as defined in subdivision 1a,
paragraphs (a), clause (6), and (b); and
(9) the person's right to appeal the certified assessor's decision regarding eligibility for
all services and programs as defined in subdivision 1a, paragraphs (a), clauses (6), (7), and
(8), and (b), and incorporating the decision regarding the need for institutional level of care
or the lead agency's final decisions regarding public programs eligibility according to section
256.045, subdivision 3. The certified assessor must verbally communicate this appeal right
to the person and must visually point out where in the document the right to appeal is stated.
(k) Face-to-face assessment completed as part of eligibility determination for the
alternative care, elderly waiver, developmental disabilities, community access for disability
inclusion, community alternative care, and brain injury waiver programs under chapter 256S
and sections 256B.0913, 256B.092, and 256B.49 is valid to establish service eligibility for
no more than 60 calendar days after the date of assessment.
(l) The effective eligibility start date for programs in paragraph (k) can never be prior
to the date of assessment. If an assessment was completed more than 60 days before the
effective waiver or alternative care program eligibility start date, assessment and support
plan information must be updated and documented in the department's Medicaid Management
Information System (MMIS). Notwithstanding retroactive medical assistance coverage of
state plan services, the effective date of eligibility for programs included in paragraph (k)
cannot be prior to the date the most recent updated assessment is completed.
(m) If an eligibility update is completed within 90 days of the previous face-to-face
assessment and documented in the department's Medicaid Management Information System
(MMIS), the effective date of eligibility for programs included in paragraph (k) is the date
of the previous face-to-face assessment when all other eligibility requirements are met.
(n) At the time of reassessment, the certified assessor shall assess each person receiving
waiver services currently residing in a community residential setting, or licensed adult foster
care home that is not the primary residence of the license holder, or in which the license
holder is not the primary caregiver, to determine if that person would prefer to be served in
a community-living setting as defined in section 256B.49, subdivision 23. The certified
assessor shall offer the person, through a person-centered planning process, the option to
receive alternative housing and service options.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 256B.0941, subdivision 1, is amended to read:
(a) An individual who is eligible for mental health treatment
services in a psychiatric residential treatment facility must meet all of the following criteria:
(1) before admission, services are determined to be medically necessary deleted text begin by the state's
medical review agentdeleted text end according to Code of Federal Regulations, title 42, section 441.152;
(2) is younger than 21 years of age at the time of admission. Services may continue until
the individual meets criteria for discharge or reaches 22 years of age, whichever occurs
first;
(3) has a mental health diagnosis as defined in the most recent edition of the Diagnostic
and Statistical Manual for Mental Disorders, as well as clinical evidence of severe aggression,
or a finding that the individual is a risk to self or others;
(4) has functional impairment and a history of difficulty in functioning safely and
successfully in the community, school, home, or job; an inability to adequately care for
one's physical needs; or caregivers, guardians, or family members are unable to safely fulfill
the individual's needs;
(5) requires psychiatric residential treatment under the direction of a physician to improve
the individual's condition or prevent further regression so that services will no longer be
needed;
(6) utilized and exhausted other community-based mental health services, or clinical
evidence indicates that such services cannot provide the level of care needed; and
(7) was referred for treatment in a psychiatric residential treatment facility by a qualified
mental health professional licensed as defined in section 245.4871, subdivision 27, clauses
(1) to (6).
deleted text begin
(b) A mental health professional making a referral shall submit documentation to the
state's medical review agent containing all information necessary to determine medical
necessity, including a standard diagnostic assessment completed within 180 days of the
individual's admission. Documentation shall include evidence of family participation in the
individual's treatment planning and signed consent for services.
deleted text end
new text begin
(b) The commissioner shall provide oversight and conduct utilization reviews of referrals
to and admitted clients in psychiatric residential treatment facilities to ensure that eligibility
criteria, clinical services, and treatment planning are reflective of clinical, state, and federal
standards for psychiatric residential treatment facility level of care. The commissioner shall
coordinate a statewide list of children and youth who meet the medical necessity criteria
for psychiatric residential treatment facility level of care and who are awaiting admission.
The statewide list must not be used to direct admission of children and youth in specific
facilities.
new text end
Minnesota Statutes 2018, section 256B.0941, subdivision 3, is amended to read:
(a) The commissioner deleted text begin shalldeleted text end new text begin mustnew text end establish deleted text begin a statewidedeleted text end new text begin onenew text end per
diem rate new text begin per provider new text end for psychiatric residential treatment facility services for individuals
21 years of age or younger. The rate for a provider must not exceed the rate charged by that
provider for the same service to other payers. Payment must not be made to more than one
entity for each individual for services provided under this section on a given day. The
commissioner deleted text begin shalldeleted text end new text begin mustnew text end set rates prospectively for the annual rate period. The commissioner
deleted text begin shalldeleted text end new text begin mustnew text end require providers to submit annual cost reports on a uniform cost reporting form
and deleted text begin shalldeleted text end new text begin mustnew text end use submitted cost reports to inform the rate-setting process. The cost reporting
deleted text begin shalldeleted text end new text begin mustnew text end be done according to federal requirements for Medicare cost reports.
(b) The following are included in the rate:
(1) costs necessary for licensure and accreditation, meeting all staffing standards for
participation, meeting all service standards for participation, meeting all requirements for
active treatment, maintaining medical records, conducting utilization review, meeting
inspection of care, and discharge planning. The direct services costs must be determined
using the actual cost of salaries, benefits, payroll taxes, and training of direct services staff
and service-related transportation; and
(2) payment for room and board provided by facilities meeting all accreditation and
licensing requirements for participation.
(c) A facility may submit a claim for payment outside of the per diem for professional
services arranged by and provided at the facility by an appropriately licensed professional
who is enrolled as a provider with Minnesota health care programs. Arranged services deleted text begin must
be billed by the facility on a separate claim, and the facility shall be responsible for payment
to the providerdeleted text end new text begin may be billed by either the facility or the licensed professionalnew text end . These services
must be included in the individual plan of care and are subject to prior authorization deleted text begin by the
state's medical review agentdeleted text end .
(d) Medicaid deleted text begin shalldeleted text end new text begin mustnew text end reimburse for concurrent services as approved by the
commissioner to support continuity of care and successful discharge from the facility.
"Concurrent services" means services provided by another entity or provider while the
individual is admitted to a psychiatric residential treatment facility. Payment for concurrent
services may be limited and these services are subject to prior authorization by the state's
medical review agent. Concurrent services may include targeted case management, assertive
community treatment, clinical care consultation, team consultation, and treatment planning.
(e) Payment rates under this subdivision deleted text begin shalldeleted text end new text begin mustnew text end not include the costs of providing
the following services:
(1) educational services;
(2) acute medical care or specialty services for other medical conditions;
(3) dental services; and
(4) pharmacy drug costs.
(f) For purposes of this section, "actual cost" means costs that are allowable, allocable,
reasonable, and consistent with federal reimbursement requirements in Code of Federal
Regulations, title 48, chapter 1, part 31, relating to for-profit entities, and the Office of
Management and Budget Circular Number A-122, relating to nonprofit entities.
Minnesota Statutes 2018, section 256B.49, subdivision 16, is amended to read:
(a) Services and supports included in the home and
community-based waivers for persons with disabilities deleted text begin shalldeleted text end new text begin mustnew text end meet the requirements
set out in United States Code, title 42, section 1396n. The services and supports, which are
offered as alternatives to institutional care, deleted text begin shalldeleted text end new text begin mustnew text end promote consumer choice, community
inclusion, self-sufficiency, and self-determination.
(b) deleted text begin Beginning January 1, 2003,deleted text end The commissioner deleted text begin shalldeleted text end new text begin mustnew text end simplify and improve
access to home and community-based waivered services, to the extent possible, through the
establishment of a common service menu that is available to eligible recipients regardless
of age, disability type, or waiver program.
(c) deleted text begin Consumer directed community support services shalldeleted text end new text begin Consumer-directed community
supports mustnew text end be offered as an option to all persons eligible for services under subdivision
11deleted text begin , by January 1, 2002deleted text end .
(d) Services and supports deleted text begin shalldeleted text end new text begin mustnew text end be arranged and provided consistent with
individualized written plans of care for eligible waiver recipients.
(e) A transitional supports allowance deleted text begin shalldeleted text end new text begin mustnew text end be available to all persons under a home
and community-based waiver who are moving from a licensed setting to a community
setting. "Transitional supports allowance" means a onetime payment of up to $3,000, to
cover the costs, not covered by other sources, associated with moving from a licensed setting
to a community setting. Covered costs include:
(1) lease or rent deposits;
(2) security deposits;
(3) utilities setup costs, including telephone;
(4) essential furnishings and supplies; and
(5) personal supports and transports needed to locate and transition to community settings.
(f) The state of Minnesota and county agencies that administer home and
community-based waivered services for persons with disabilities, deleted text begin shalldeleted text end new text begin mustnew text end not be liable
for damages, injuries, or liabilities sustained through the purchase of supports by the
individual, the individual's family, legal representative, or the authorized representative
with funds received through deleted text begin thedeleted text end consumer-directed community deleted text begin support servicedeleted text end new text begin supportsnew text end
under this section. Liabilities include but are not limited todeleted text begin :deleted text end workers' compensation liability,
the Federal Insurance Contributions Act (FICA), or the Federal Unemployment Tax Act
(FUTA).
new text begin
Consumer-directed community supports, as referenced
in sections 256B.0913, subdivision 5, clause (17); 256B.092, subdivision 1b, clause (4);
256B.49, subdivision 16, paragraph (c); and chapter 256S are governed, in whole, by the
federally-approved waiver plans for home and community-based services.
new text end
new text begin
The expenses allowed for adults
under the consumer-directed community supports option must include the costs at the lowest
rate available considering daily, monthly, semiannual, annual, or membership rates, including
transportation, associated with physical exercise or other physical activities to maintain or
improve the person's health and functioning.
new text end
new text begin
(a) The commissioner of human
services must provide up to 30 percent more funds for either:
new text end
new text begin
(1) consumer-directed community supports participants under sections 256B.092 and
256B.49 who have a coordinated service and support plan which identifies the need for
more services or supports under consumer-directed community supports than the amount
the participants are currently receiving under the consumer-directed community supports
budget methodology to:
new text end
new text begin
(i) increase the amount of time a person works or otherwise improves employment
opportunities;
new text end
new text begin
(ii) plan a transition to, move to, or live in a setting described in section 256D.44,
subdivision 5, paragraph (g), clause (1), item (iii); or
new text end
new text begin
(iii) develop and implement a positive behavior support plan; or
new text end
new text begin
(2) home and community-based waiver participants under sections 256B.092 and 256B.49
who are currently using licensed providers for: (i) employment supports or services during
the day; or (ii) residential services, either of which cost more annually than the person would
spend under a consumer-directed community supports plan for any or all of the supports
needed to meet a goal identified in clause (1), item (i), (ii), or (iii).
new text end
new text begin
(b) The exception under paragraph (a), clause (1), is limited to persons who can
demonstrate that they will have to discontinue using consumer-directed community supports
and accept other non-self-directed waiver services because their supports needed for a goal
described in paragraph (a), clause (1), item (i), (ii), or (iii), cannot be met within the
consumer-directed community supports budget limits.
new text end
new text begin
(c) The exception under paragraph (a), clause (2), is limited to persons who can
demonstrate that, upon choosing to become a consumer-directed community supports
participant, the total cost of services, including the exception, will be less than the cost of
current waiver services.
new text end
new text begin
(a) The commissioner must establish an institutional and crisis bed
consumer-directed community supports budget exception process in the home and
community-based services waivers under sections 256B.092 and 256B.49. This budget
exception process must be available for any individual who:
new text end
new text begin
(1) is not offered available and appropriate services within 60 days since approval for
discharge from the individual's current institutional setting; and
new text end
new text begin
(2) requires services that are more expensive than appropriate services provided in a
noninstitutional setting using the consumer-directed community supports option.
new text end
new text begin
(b) Institutional settings for purposes of this exception include intermediate care facilities
for persons with developmental disabilities; nursing facilities; acute care hospitals; Anoka
Metro Regional Treatment Center; Minnesota Security Hospital; and crisis beds.
new text end
new text begin
(c) The budget exception must be limited to no more than the amount of appropriate
services provided in a noninstitutional setting as determined by the lead agency managing
the individual's home and community-based services waiver. The lead agency must notify
the Department of Human Services of the budget exception.
new text end
new text begin
(a) Medical assistance payments for shared services under
consumer-directed community supports are limited to this subdivision.
new text end
new text begin
(b) For purposes of this subdivision, "shared services" means services provided at the
same time by the same direct care worker for individuals who have entered into an agreement
to share consumer-directed community support services.
new text end
new text begin
(c) Shared services may include services in the personal assistance category as outlined
in the consumer-directed community supports community support plan and shared services
agreement, except:
new text end
new text begin
(1) services for more than three individuals provided by one worker at one time;
new text end
new text begin
(2) use of more than one worker for the shared services; and
new text end
new text begin
(3) a child care program licensed under chapter 245A or operated by a local school
district or private school.
new text end
new text begin
(d) The individuals, or as needed the individuals' representatives, must develop the plan
for shared services when developing or amending the consumer-directed community supports
plan, and must follow the consumer-directed community supports process for approval of
the plan by the lead agency. The plan for shared services in an individual's consumer-directed
community supports plan must include the intention to utilize shared services based on
individuals' needs and preferences.
new text end
new text begin
(e) Individuals sharing services must use the same financial management services
provider.
new text end
new text begin
(f) Individuals whose consumer-directed community supports community support plans
include an intent to utilize shared services must jointly develop, with the support of the
individuals' representatives as needed, a shared services agreement. This agreement must
include:
new text end
new text begin
(1) the names of the individuals receiving shared services;
new text end
new text begin
(2) the individuals' representative, if identified in their consumer-directed community
supports plans, and their duties;
new text end
new text begin
(3) the names of the case managers;
new text end
new text begin
(4) the financial management services provider;
new text end
new text begin
(5) the shared services that must be provided;
new text end
new text begin
(6) the schedule for shared services;
new text end
new text begin
(7) the location where shared services must be provided;
new text end
new text begin
(8) the training specific to each individual served;
new text end
new text begin
(9) the training specific to providing shared services to the individuals identified in the
agreement;
new text end
new text begin
(10) instructions to follow all required documentation for time and services provided;
new text end
new text begin
(11) a contingency plan for each individual that accounts for service provision and billing
in the absence of one of the individuals in a shared services setting due to illness or other
circumstances;
new text end
new text begin
(12) signatures of all parties involved in the shared services; and
new text end
new text begin
(13) agreement by each individual who is sharing services on the number of shared hours
for services provided.
new text end
new text begin
(g) Any individual or any individual's representative may withdraw from participating
in a shared services agreement at any time.
new text end
new text begin
(h) The lead agency for each individual must authorize the use of the shared services
option based on the criteria that the shared service is appropriate to meet the needs, health,
and safety of each individual for whom they provide case management or care coordination.
new text end
new text begin
(i) This subdivision must not be construed to reduce the total authorized
consumer-directed community supports budget for an individual.
new text end
new text begin
(j) No later than September 30, 2019, the commissioner of human services must:
new text end
new text begin
(1) submit an amendment to the Centers for Medicare and Medicaid Services for the
home and community-based services waivers authorized under sections 256B.0913,
256B.092, and 256B.49, and chapter 256S, to allow for a shared services option under
consumer-directed community supports; and
new text end
new text begin
(2) with stakeholder input, develop guidance for shared services in consumer-directed
community supports within the community-based services manual. Guidance must include:
new text end
new text begin
(i) recommendations for negotiating payment for one-to-two and one-to-three services;
and
new text end
new text begin
(ii) a template of the shared services agreement.
new text end
new text begin
This section is effective the day following final enactment, except
for subdivision 5, paragraphs (a) to (i), which are effective the day following final enactment
or upon federal approval, whichever occurs later. The commissioner of human services
must notify the revisor of statutes when federal approval is obtained.
new text end
Minnesota Statutes 2019 Supplement, section 256S.01, subdivision 6, is amended
to read:
The state of Minnesota,
or a county, managed care plan, county-based purchasing plan, or tribal government under
contract to administer the elderly waiver, is not liable for damages, injuries, or liabilities
sustained as a result of the participant, the participant's family, or the participant's authorized
representatives purchasing direct supports or goods with funds received through
consumer-directed community deleted text begin support servicesdeleted text end new text begin supportsnew text end under the elderly waiver. Liabilities
include, but are not limited to, workers' compensation liability, Federal Insurance
Contributions Act under United States Code, title 26, subtitle c, chapter 21, or Federal
Unemployment Tax Act under Internal Revenue Code, chapter 23.
Minnesota Statutes 2019 Supplement, section 256S.19, subdivision 4, is amended
to read:
For the elderly waiver monthly conversion budget cap for the cost
of elderly waiver services with consumer-directed community deleted text begin support servicesdeleted text end new text begin supportsnew text end ,
the nursing facility case mix adjusted total payment rate used under subdivision 3 to calculate
the monthly conversion budget cap for elderly waiver services without consumer-directed
community supports must be reduced by a percentage equal to the percentage difference
between the consumer-directed deleted text begin servicesdeleted text end new text begin community supportsnew text end budget limit that would be
assigned according to the elderly waiver plan and the corresponding monthly case mix
budget cap under this chapter, but not to exceed 50 percent.
new text begin
This act must not be construed to require the commissioner to seek federal approval for
provisions for which the commissioner has already received federal approval. Federal
approvals the commissioner previously obtained for provisions repealed in section 27 survive
and apply to the corresponding subdivisions of Minnesota Statutes, section 256B.4911.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
(a)
new text end
new text begin
Laws 2005, First Special Session chapter 4, article 7, section 50,
new text end
new text begin
is repealed.
new text end
new text begin
(b)
new text end
new text begin
Laws 2005, First Special Session chapter 4, article 7, section 51,
new text end
new text begin
is repealed.
new text end
new text begin
(c)
new text end
new text begin
Laws 2012, chapter 247, article 4, section 47, as amended by Laws 2014, chapter
312, article 27, section 72, Laws 2015, chapter 71, article 7, section 58, Laws 2016, chapter
144, section 1, Laws 2017, First Special Session chapter 6, article 1, section 43, Laws 2017,
First Special Session chapter 6, article 1, section 54,
new text end
new text begin
is repealed.
new text end
new text begin
(d)
new text end
new text begin
Laws 2015, chapter 71, article 7, section 54, as amended by Laws 2017, First Special
Session chapter 6, article 1, section 54,
new text end
new text begin
is repealed.
new text end
new text begin
(e)
new text end
new text begin
Laws 2017, First Special Session chapter 6, article 1, section 44, as amended by
Laws 2019, First Special Session chapter 9, article 5, section 80,
new text end
new text begin
is repealed.
new text end
new text begin
(f)
new text end
new text begin
Laws 2017, First Special Session chapter 6, article 1, section 45, as amended by Laws
2019, First Special Session chapter 9, article 5, section 81,
new text end
new text begin
is repealed.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 119B.21, is amended to read:
(a) The commissioner shall distribute funds
to the child care resource and referral programs designated under deleted text begin sectiondeleted text end new text begin sections 119B.189
andnew text end 119B.19, subdivision 1a, for child care new text begin services new text end grants to deleted text begin centers under subdivision 5
and family child care programs based upon the following factorsdeleted text end new text begin improve child care quality,
support start-up of new programs, and expand existing programsnew text end .
(b) Up to ten percent of funds appropriated for grants under this section may be used by
the commissioner for statewide child care development initiatives, training initiatives,
collaboration programs, and research and data collection. The commissioner shall develop
eligibility guidelines and a process to distribute funds under this paragraph.
(c) At least 90 percent of funds appropriated for grants under this section may be
distributed by the commissioner to child care resource and referral programs under deleted text begin sectiondeleted text end new text begin
sections 119B.189 andnew text end 119B.19, subdivision 1a, deleted text begin for child care center grants and family
child care grantsdeleted text end based on the following factors:
(1) the number of children under 13 years of age needing child care in the region;
(2) the region served by the program;
(3) the ratio of children under 13 years of age needing child care to the number of licensed
spaces in the region;
(4) the number of licensed child care providers and school-age care programs in the
region; and
(5) other related factors determined by the commissioner.
(d) Child care resource and referral programs must award child care deleted text begin center grants and
family child caredeleted text end new text begin services new text end grants based on the recommendation of the child care district
proposal review committees under subdivision 3.
(e) The commissioner may distribute funds under this section for a two-year period.
new text begin
A child care resource and referral program designated
under sections 119B.189 and 119B.19, subdivision 1a, may award child care services grants
to:
new text end
new text begin
(1) a child care center licensed under Minnesota Rules, chapter 9503, or in the process
of becoming licensed;
new text end
new text begin
(2) a family or group family child care home licensed under Minnesota Rules, chapter
9502, or in the process of becoming licensed;
new text end
new text begin
(3) corporations or public agencies that develop or provide child care services;
new text end
new text begin
(4) a school-age care program;
new text end
new text begin
(5) a tribally licensed child care program;
new text end
new text begin
(6) legal nonlicensed or family, friend, and neighbor child care providers; or
new text end
new text begin
(7) other programs as determined by the commissioner.
new text end
(a) Child care district proposal
review committees review applications for deleted text begin family child care grants anddeleted text end child care deleted text begin centerdeleted text end new text begin
servicesnew text end grants under this section and make funding recommendations to the child care
resource and referral program designated under deleted text begin sectiondeleted text end new text begin sections 119B.189 andnew text end 119B.19,
subdivision 1a. Each region within a district must be represented on the review committee.
The child care district proposal review committees must complete their reviews and forward
their recommendations to the child care resource and referral district programs by the date
specified by the commissioner.
(b) A child care resource and referral district program shall establish a process to select
members of the child care district proposal review committee. Members must reflect a broad
cross-section of the community, and may include the following constituent groups: family
child care providers, child care center providers, school-age care providers, parents who
use child care services, health services, social services, public schools, Head Start, employers,
representatives of cultural and ethnic communities, and other citizens with demonstrated
interest in child care issues. Members of the proposal review committee with a direct financial
interest in a pending grant proposal may not provide a recommendation or participate in
the ranking of that grant proposal.
(c) The child care resource and referral district program may deleted text begin reimburse committee
members for their actual travel, child care, and child care provider substitute expenses for
up to two committee meetings per year. The program may also paydeleted text end new text begin offernew text end a stipend to deleted text begin parent
representativesdeleted text end new text begin proposal review committee membersnew text end for participating in deleted text begin two meetings per
yeardeleted text end new text begin the grant review processnew text end .
(a) A child care resource and referral program
designated under deleted text begin sectiondeleted text end new text begin sections 119B.189 andnew text end 119B.19, subdivision 1a, may award child
care services grants for:
(1) creating new licensed child care facilities and expanding existing facilities, including,
but not limited to, supplies, equipment, facility renovation, and remodeling;
(2) deleted text begin improving licensed child care facility programsdeleted text end new text begin facility improvements, including but
not limited to, improvements to meet licensing requirementsnew text end ;
(3) staff training and development services including, but not limited to, in-service
training, curriculum development, accreditation, certification, consulting, resource centers,
program and resource materials, supporting effective teacher-child interactions, child-focused
teaching, and content-driven classroom instruction;
(4) capacity building through the purchase of appropriate technology to create, enhance,
and maintain business management systems;
(5) emergency assistance for child care programs;
(6) new programs or projects for the creation, expansion, or improvement of programs
that serve ethnic immigrant and refugee communities; deleted text begin and
deleted text end
(7) targeted recruitment initiatives to expand and build the capacity of the child care
system and to improve the quality of care provided by legal nonlicensed child care providersdeleted text begin .deleted text end new text begin ;
and
new text end
new text begin
(8) other uses as approved by the commissioner.
new text end
(b) A child care resource and referral organization designated under deleted text begin sectiondeleted text end new text begin sections
119B.189 andnew text end 119B.19, subdivision 1a, may award child care services grants deleted text begin of up to $1,000
to family child care providers. These grants may be useddeleted text end fordeleted text begin :deleted text end new text begin eligible programs in amounts
up to a maximum determined by the commissioner for each type of eligible program.
new text end
deleted text begin
(1) facility improvements, including, but not limited to, improvements to meet licensing
requirements;
deleted text end
deleted text begin
(2) improvements to expand a child care facility or program;
deleted text end
deleted text begin
(3) toys and equipment;
deleted text end
deleted text begin
(4) technology and software to create, enhance, and maintain business management
systems;
deleted text end
deleted text begin
(5) start-up costs;
deleted text end
deleted text begin
(6) staff training and development; and
deleted text end
deleted text begin
(7) other uses approved by the commissioner.
deleted text end
deleted text begin
(c) A child care resource and referral program designated under section 119B.19,
subdivision 1a, may award child care services grants to:
deleted text end
deleted text begin
(1) licensed providers;
deleted text end
deleted text begin
(2) providers in the process of being licensed;
deleted text end
deleted text begin
(3) corporations or public agencies that develop or provide child care services;
deleted text end
deleted text begin
(4) school-age care programs;
deleted text end
deleted text begin
(5) legal nonlicensed or family, friend, and neighbor care providers; or
deleted text end
deleted text begin
(6) any combination of clauses (1) to (5).
deleted text end
deleted text begin
(d) A child care center that is a recipient of a child care services grant for facility
improvements or staff training and development must provide a 25 percent local match. A
local match is not required for grants to family child care providers.
deleted text end
deleted text begin
(e) Beginning July 1, 2009, grants to child care centers under this subdivision shall be
increasingly awarded for activities that improve provider quality, including activities under
paragraph (a), clauses (1) to (3) and (6). Grants to family child care providers shall be
increasingly awarded for activities that improve provider quality, including activities under
paragraph (b), clauses (1), (3), and (6).
deleted text end
Minnesota Statutes 2018, section 119B.26, is amended to read:
The commissioner may waive requirements under this chapter for up to nine months
after the disaster in areas where a federal disaster has been declared under United States
Code, title 42, section 5121, et seq., or the governor has exercised authority under chapter
12.new text begin The commissioner may waive requirements retroactively from the date of the disaster.new text end
The commissioner shall notify the chairs of the house of representatives and senate
committees with jurisdiction over this chapter and the house of representatives Ways and
Means Committee deleted text begin ten days before the effective date of any waiver granteddeleted text end new text begin within five
business days after the commissioner grants a waiver new text end under this section.
Minnesota Statutes 2018, section 245.4871, is amended by adding a subdivision
to read:
new text begin
"Responsible social services agency"
is defined in section 260C.007, subdivision 27a.
new text end
new text begin
This section is effective September 30, 2021.
new text end
Minnesota Statutes 2018, section 245.4885, subdivision 1, is amended to read:
(a) Prior to admissionnew text begin or placementnew text end , except in the
case of new text begin an new text end emergency deleted text begin admissiondeleted text end , all children referred for treatment of severe emotional
disturbance in a treatment foster care setting, residential treatment facility, or informally
admitted to a regional treatment center shall undergo an assessment to determine the
appropriate level of care if public funds are used to pay for the services.
(b) The deleted text begin county boarddeleted text end new text begin responsible social services agencynew text end shall determine the appropriate
level of care new text begin for a child new text end when county-controlled funds are used to pay for the new text begin child's new text end servicesnew text begin
or placement in a qualified residential treatment facility under chapter 260C and licensed
by the commissioner under chapter 245A. In accordance with section 260C.157, a juvenile
treatment screening team shall conduct a screening before the team may recommend whether
to place a child in a qualified residential treatment program as defined in section 260C.007,
subdivision 26dnew text end . Whennew text begin a social services agency does not have responsibility for a child's
placement andnew text end the child is enrolled in a prepaid health program under section 256B.69, the
enrolled child's contracted health plan must determine the appropriate level of care. When
Indian Health Services funds or funds of a tribally owned facility funded under the Indian
Self-Determination and Education Assistance Act, Public Law 93-638, are to be used, the
Indian Health Services or 638 tribal health facility must determine the appropriate level of
care. When more than one entity bears responsibility for coverage, the entities shall
coordinate level of care determination activities to the extent possible.
(c) The new text begin responsible social services agency must make the new text end level of care determination
deleted text begin shalldeleted text end new text begin available to the juvenile treatment screening team, as permitted under chapter 13. The
level of care determination shall inform the juvenile treatment screening team process and
the assessment in section 260C.704 when considering whether to place the child in a qualified
residential treatment program. When the responsible social services agency is not involved
in determining a child's placement, the child's level of care determination shallnew text end determine
whether the proposed treatment:
(1) is necessary;
(2) is appropriate to the child's individual treatment needs;
(3) cannot be effectively provided in the child's home; and
(4) provides a length of stay as short as possible consistent with the individual child's
need.
(d) When a level of care determination is conducted, the responsible new text begin social services
agency or othernew text end entity may not determine thatnew text begin a screening under section 260C.157 ornew text end referral
or admission to a treatment foster care setting or residential treatment facility is not
appropriate solely because services were not first provided to the child in a less restrictive
setting and the child failed to make progress toward or meet treatment goals in the less
restrictive setting. The level of care determination must be based on a diagnostic assessment
that includes a functional assessment which evaluates family, school, and community living
situations; and an assessment of the child's need for care out of the home using a validated
tool which assesses a child's functional status and assigns an appropriate level of care. The
validated tool must be approved by the commissioner of human services. If a diagnostic
assessment including a functional assessment has been completed by a mental health
professional within the past 180 days, a new diagnostic assessment need not be completed
unless in the opinion of the current treating mental health professional the child's mental
health status has changed markedly since the assessment was completed. The child's parent
shall be notified if an assessment will not be completed and of the reasons. A copy of the
notice shall be placed in the child's file. Recommendations developed as part of the level
of care determination process shall include specific community services needed by the child
and, if appropriate, the child's family, and shall indicate whether or not these services are
available and accessible to the child and family.
(e) During the level of care determination process, the child, child's family, or child's
legal representative, as appropriate, must be informed of the child's eligibility for case
management services and family community support services and that an individual family
community support plan is being developed by the case manager, if assigned.
(f) deleted text begin The level of care determination shall comply with section 260C.212. The parent shall
be consulted in the process, unless clinically detrimental to the child.deleted text end new text begin When the responsible
social services agency has authority, the agency must engage the child's parents in case
planning under sections 260C.212 and 260C.708 unless a court terminates the parent's rights
or court orders restrict the parent from participating in case planning, visitation, or parental
responsibilities.
new text end
(g) The level of care determination, and placement decision, and recommendations for
mental health services must be documented in the child's recordnew text begin , as required in chapters
260Cnew text end .
new text begin
This section is effective September 30, 2021.
new text end
Minnesota Statutes 2019 Supplement, section 245.4889, subdivision 1, is amended
to read:
(a) The commissioner is authorized to
make grants from available appropriations to assist:
(1) counties;
(2) Indian tribes;
(3) children's collaboratives under section 124D.23 or 245.493; or
(4) mental health service providers.
(b) The following services are eligible for grants under this section:
(1) services to children with emotional disturbances as defined in section 245.4871,
subdivision 15, and their families;
(2) transition services under section 245.4875, subdivision 8, for young adults under
age 21 and their families;
(3) respite care services for children with new text begin emotional disturbances or new text end severe emotional
disturbances who are at risk of out-of-home placementnew text begin . A child is not required to have case
management services to receive respite care servicesnew text end ;
(4) children's mental health crisis services;
(5) mental health services for people from cultural and ethnic minorities;
(6) children's mental health screening and follow-up diagnostic assessment and treatment;
(7) services to promote and develop the capacity of providers to use evidence-based
practices in providing children's mental health services;
(8) school-linked mental health services under section 245.4901;
(9) building evidence-based mental health intervention capacity for children birth to age
five;
(10) suicide prevention and counseling services that use text messaging statewide;
(11) mental health first aid training;
(12) training for parents, collaborative partners, and mental health providers on the
impact of adverse childhood experiences and trauma and development of an interactive
website to share information and strategies to promote resilience and prevent trauma;
(13) transition age services to develop or expand mental health treatment and supports
for adolescents and young adults 26 years of age or younger;
(14) early childhood mental health consultation;
(15) evidence-based interventions for youth at risk of developing or experiencing a first
episode of psychosis, and a public awareness campaign on the signs and symptoms of
psychosis;
(16) psychiatric consultation for primary care practitioners; and
(17) providers to begin operations and meet program requirements when establishing a
new children's mental health program. These may be start-up grants.
(c) Services under paragraph (b) must be designed to help each child to function and
remain with the child's family in the community and delivered consistent with the child's
treatment plan. Transition services to eligible young adults under this paragraph must be
designed to foster independent living in the community.
(d) As a condition of receiving grant funds, a grantee shall obtain all available third-party
reimbursement sources, if applicable.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 245A.02, subdivision 2c, is amended to read:
For the
purposes of deleted text begin section 245A.50, subdivisions 1 to 9deleted text end new text begin sections 245A.50 to 245A.53new text end , "annual"
or "annually" means the 12-month period beginning on the license effective date or the
annual anniversary of the effective date and ending on the day prior to the annual anniversary
of the license effective date.
new text begin
This section is effective September 30, 2020.
new text end
Minnesota Statutes 2019 Supplement, section 245A.149, is amended to read:
(a) Notwithstanding Minnesota Rules, part 9502.0365, subpart 5,new text begin and with the license
holder's consent,new text end an individual may be present in the licensed space, may supervise the
family child care license holder's own child both inside and outside of the licensed space,
and is exempt from the training and supervision requirements of this chapter and Minnesota
Rules, chapter 9502, if the individual:
(1) is related to the license holdernew text begin or to the license holder's childnew text end , as defined in section
245A.02, subdivision 13new text begin , or is a household member who the license holder has reported to
the county agencynew text end ;
(2) is not a designated caregiver, helper, or substitute for the licensed program;
(3) is involved only in the care of the license holder's own child; and
(4) does not have direct, unsupervised contact with any nonrelative children receiving
services.
(b) If the individual in paragraph (a) is not a household member, the individual is also
exempt from background study requirements under chapter 245C.
new text begin
This section is effective September 30, 2020.
new text end
Minnesota Statutes 2019 Supplement, section 245A.40, subdivision 7, is amended
to read:
(a) A license holder must ensure that the center director, staff
persons, substitutes, and unsupervised volunteers complete in-service training each calendar
year.
(b) The center director and staff persons who work more than 20 hours per week must
complete 24 hours of in-service training each calendar year. Staff persons who work 20
hours or less per week must complete 12 hours of in-service training each calendar year.
Substitutes and unsupervised volunteers must complete the requirements of paragraphs deleted text begin (e)
to (h)deleted text end new text begin (d) to (g)new text end and do not otherwise have a minimum number of hours of training to
complete.
(c) The number of in-service training hours may be prorated for individuals not employed
for an entire year.
(d) Each year, in-service training must include:
(1) the center's procedures for maintaining health and safety according to section 245A.41
and Minnesota Rules, part 9503.0140, and handling emergencies and accidents according
to Minnesota Rules, part 9503.0110;
(2) the reporting responsibilities under section 626.556 and Minnesota Rules, part
9503.0130;
(3) at least one-half hour of training on the standards under section 245A.1435 and on
reducing the risk of sudden unexpected infant death as required under subdivision 5, if
applicable; and
(4) at least one-half hour of training on the risk of abusive head trauma from shaking
infants and young children as required under subdivision 5a, if applicable.
(e) Each year, or when a change is made, whichever is more frequent, in-service training
must be provided on: (1) the center's risk reduction plan under section 245A.66, subdivision
2; and (2) a child's individual child care program plan as required under Minnesota Rules,
part 9503.0065, subpart 3.
(f) At least once every two calendar years, the in-service training must include:
(1) child development and learning training under subdivision 2;
(2) pediatric first aid that meets the requirements of subdivision 3;
(3) pediatric cardiopulmonary resuscitation training that meets the requirements of
subdivision 4;
(4) cultural dynamics training to increase awareness of cultural differences; and
(5) disabilities training to increase awareness of differing abilities of children.
(g) At least once every five years, in-service training must include child passenger
restraint training that meets the requirements of subdivision 6, if applicable.
(h) The remaining hours of the in-service training requirement must be met by completing
training in the following content areas of the Minnesota Knowledge and Competency
Framework:
(1) Content area I: child development and learning;
(2) Content area II: developmentally appropriate learning experiences;
(3) Content area III: relationships with families;
(4) Content area IV: assessment, evaluation, and individualization;
(5) Content area V: historical and contemporary development of early childhood
education;
(6) Content area VI: professionalism;
(7) Content area VII: health, safety, and nutrition; and
(8) Content area VIII: application through clinical experiences.
(i) For purposes of this subdivision, the following terms have the meanings given them.
(1) "Child development and learning training" means training in understanding how
children develop physically, cognitively, emotionally, and socially and learn as part of the
children's family, culture, and community.
(2) "Developmentally appropriate learning experiences" means creating positive learning
experiences, promoting cognitive development, promoting social and emotional development,
promoting physical development, and promoting creative development.
(3) "Relationships with families" means training on building a positive, respectful
relationship with the child's family.
(4) "Assessment, evaluation, and individualization" means training in observing,
recording, and assessing development; assessing and using information to plan; and assessing
and using information to enhance and maintain program quality.
(5) "Historical and contemporary development of early childhood education" means
training in past and current practices in early childhood education and how current events
and issues affect children, families, and programs.
(6) "Professionalism" means training in knowledge, skills, and abilities that promote
ongoing professional development.
(7) "Health, safety, and nutrition" means training in establishing health practices, ensuring
safety, and providing healthy nutrition.
(8) "Application through clinical experiences" means clinical experiences in which a
person applies effective teaching practices using a range of educational programming models.
(j) The license holder must ensure that documentation, as required in subdivision 10,
includes the number of total training hours required to be completed, name of the training,
the Minnesota Knowledge and Competency Framework content area, number of hours
completed, and the director's approval of the training.
(k) In-service training completed by a staff person that is not specific to that child care
center is transferable upon a staff person's change in employment to another child care
program.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 245A.50, as amended by Laws 2019, First Special
Session chapter 9, article 2, section 53, is amended to read:
(a) License holders, new text begin adult new text end caregivers, and substitutes
must comply with the training requirements in this section.
(b) Helpers who assist with care on a regular basis must complete six hours of training
within one year after the date of initial employment.
(c) Training requirements established under this section that must be completed prior
to initial licensure must be satisfied only by a newly licensed child care provider or by a
child care provider who has not held an active child care license in Minnesota in the previous
12 months. A child care provider who voluntarily cancels a license or allows the license to
lapse for a period of less than 12 months and who seeks reinstatement of the lapsed or
canceled license within 12 months of the lapse or cancellation must satisfy the annual,
ongoing training requirements, and is not required to satisfy the training requirements that
must be completed prior to initial licensure. A child care provider who relocates within the
state must (1) satisfy the annual, ongoing training requirements according to the schedules
established in this section and (2) not be required to satisfy the training requirements under
this section that the child care provider completed prior to initial licensure. If a licensed
provider moves to a new county, the new county is prohibited from requiring the provider
to complete any orientation class or training for new providers.
new text begin
(d) Before an adult caregiver or substitute cares for a child or assists in the care of a
child, the license holder must train the adult caregiver or substitute on:
new text end
new text begin
(1) the emergency preparedness plan required under section 245A.51, subdivision 3;
and
new text end
new text begin
(2) allergy prevention and response required under section 245A.51, subdivision 1.
new text end
new text begin
(a) For the purposes of this section, the
following terms have the meanings given:
new text end
new text begin
(1) "adult caregiver" means an adult other than the license holder who supervises children
for a cumulative total of more than 500 hours annually;
new text end
new text begin
(2) "helper" means a minor, ages 13 to 17, who assists in caring for children; and
new text end
new text begin
(3) "substitute" means an adult who assumes responsibility for a provider for a cumulative
total of not more than 500 hours annually.
new text end
new text begin
(b) Notwithstanding other requirements of this section, courses within the identified
knowledge and competency areas that are specific to child care centers or legal nonlicensed
providers do not fulfill the requirements of this section.
new text end
(a) For
purposes of family and group family child care, the license holder and each adult caregiver
deleted text begin who provides care in the licensed setting for more than 30 days in any 12-month perioddeleted text end
shall complete and document at least four hours of child growth and learning and behavior
guidance training prior to initial licensure, and before caring for children. deleted text begin For purposes of
this subdivision, "child development and learning training" means training in understanding
how children develop physically, cognitively, emotionally, and socially and learn as part
of the children's family, culture, and community. "Behavior guidance training" means
training in the understanding of the functions of child behavior and strategies for managing
challenging situations. At least two hours of child development and learning or behavior
guidance training must be repeated annually. Training curriculum shall be developed or
approved by the commissioner of human services.deleted text end new text begin This requirement must be met by
completing one of the following:
new text end
new text begin
(1) two hours in Knowledge and Competency Area I: Child Development and Learning
or Knowledge, and two hours in Knowledge and Competency Area II-C: Promoting Social
and Emotional Development; or
new text end
new text begin
(2) four hours in Knowledge and Competency Area II-C; or
new text end
new text begin
(3) one four-hour course in both Knowledge and Competency Area I and Knowledge
and Competency Area II-C.
new text end
new text begin
Training curriculum shall be developed or approved by the commissioner of human services.
new text end
(b) Notwithstanding new text begin initial child development and learning and behavior guidance
training requirements in new text end paragraph (a), individuals are exempt from this requirement if they:
(1) have taken a three-credit course on early childhood development within the past five
years;
(2) have received a baccalaureate or master's degree in early childhood education or
school-age child care within the past five years;
(3) are licensed in Minnesota as a prekindergarten teacher, an early childhood educator,
a kindergarten to grade 6 teacher with a prekindergarten specialty, an early childhood special
education teacher, or an elementary teacher with a kindergarten endorsement; or
(4) have received a baccalaureate degree with a Montessori certificate within the past
five years.
new text begin
(c) The license holder and adult caregivers must annually take at least two hours of child
development and learning or behavior guidance training. This annual training must be
fulfilled by completing any course in Knowledge and Competency Area I: Child Development
and Learning or Knowledge and Competency Area II-C: Promoting Social and Emotional
Development. Training curriculum shall be developed or approved by the commissioner of
human services.
new text end
new text begin
(d) A three-credit course about early childhood development meets the requirements of
paragraph (c).
new text end
(a) deleted text begin When children are present in a family child care home governed
by Minnesota Rules, parts 9502.0315 to 9502.0445, at least one staff person must be present
in the home who has been trained in first aiddeleted text end new text begin Before initial licensure and before caring for
a child, license holders, adult caregivers, and substitutes must be trained in pediatric first
aidnew text end . The first aid training must have been provided by an individual approved to provide
first aid instruction. First aid training may be less than eight hours and persons qualified to
provide first aid training include individuals approved as first aid instructors. deleted text begin First aid
training must be repeateddeleted text end new text begin License holders, adult caregivers, and substitutes must repeat
pediatric first aid training new text end every two years.
deleted text begin
(b) A family child care provider is exempt from the first aid training requirements under
this subdivision related to any substitute caregiver who provides less than 30 hours of care
during any 12-month period.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end Video training reviewed and approved by the county licensing agency satisfies
the training requirement of this subdivision.
(a) deleted text begin When children are present in a family
child care home governed by Minnesota Rules, parts 9502.0315 to 9502.0445, at least one
caregiver must be present in the home who has been trained in cardiopulmonary resuscitation
(CPR)deleted text end new text begin Before initial licensure and before caring for a child, license holders, adult caregivers,
and substitutes must be trained in pediatric cardiopulmonary resuscitation (CPR)new text end , including
CPR techniques for infants and children, and in the treatment of obstructed airways. The
CPR training must have been provided by an individual approved to provide CPR instructiondeleted text begin ,deleted text end new text begin .
License holders, adult caregivers, and substitutesnew text end must deleted text begin be repeateddeleted text end new text begin repeat pediatric CPR
trainingnew text end at least once every two years, and new text begin it new text end must be documented in the deleted text begin caregiver'sdeleted text end new text begin license
holder'snew text end records.
deleted text begin
(b) A family child care provider is exempt from the CPR training requirement in this
subdivision related to any substitute caregiver who provides less than 30 hours of care during
any 12-month period.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end Persons providing CPR training must use CPR training that has been developed:
(1) by the American Heart Association or the American Red Cross and incorporates
psychomotor skills to support the instruction; or
(2) using nationally recognized, evidence-based guidelines for CPR training and
incorporates psychomotor skills to support the instruction.
(a)
License holders must new text begin ensure and new text end document that before deleted text begin staff personsdeleted text end new text begin the license holdernew text end , new text begin adult
new text end caregivers, new text begin substitutes, new text end and helpers assist in the care of infants, they are instructed on the
standards in section 245A.1435 and receive training on reducing the risk of sudden
unexpected infant death. In addition, license holders must new text begin ensure and new text end document that before
deleted text begin staff personsdeleted text end new text begin the license holdernew text end , new text begin adult new text end caregivers, new text begin substitutes, new text end and helpers assist in the care
of infants and children under school age, they receive training on reducing the risk of abusive
head trauma from shaking infants and young children. The training in this subdivision may
be provided as initial training under subdivision 1 or ongoing annual training under
subdivision 7.
(b) Sudden unexpected infant death reduction training required under this subdivision
must, at a minimum, address the risk factors related to sudden unexpected infant death,
means of reducing the risk of sudden unexpected infant death in child care, and license
holder communication with parents regarding reducing the risk of sudden unexpected infant
death.
(c) Abusive head trauma training required under this subdivision must, at a minimum,
address the risk factors related to shaking infants and young children, means of reducing
the risk of abusive head trauma in child care, and license holder communication with parents
regarding reducing the risk of abusive head trauma.
(d) Training for family and group family child care providers must be developed by the
commissioner in conjunction with the Minnesota Sudden Infant Death Center and approved
by the Minnesota Center for Professional Development. Sudden unexpected infant death
reduction training and abusive head trauma training may be provided in a single course of
no more than two hours in length.
(e) Sudden unexpected infant death reduction training and abusive head trauma training
required under this subdivision must be completed in person or as allowed under subdivision
10, clause (1) or (2), at least once every two years. On the years when the deleted text begin license holderdeleted text end new text begin
person receiving trainingnew text end is not receiving training in person or as allowed under subdivision
10, clause (1) or (2), the deleted text begin license holderdeleted text end new text begin person receiving training in accordance with this
subdivisionnew text end must receive sudden unexpected infant death reduction training and abusive
head trauma training through a video of no more than one hour in length. The video must
be developed or approved by the commissioner.
(f) An individual who is related to the license holder as defined in section 245A.02,
subdivision 13, and who is involved only in the care of the license holder's own infant or
child under school age and who is not designated to be deleted text begin adeleted text end new text begin an adultnew text end caregiver, helper, or
substitutedeleted text begin , as defined in Minnesota Rules, part 9502.0315,deleted text end for the licensed program, is
exempt from the sudden unexpected infant death and abusive head trauma training.
(a) A license
holder must comply with all seat belt and child passenger restraint system requirements
under section 169.685.
(b) Family and group family child care programs licensed by the Department of Human
Services that serve a child or children under nine years of age must document training that
fulfills the requirements in this subdivision.
(1) Before a license holder, deleted text begin staff person,deleted text end new text begin adultnew text end caregiver, new text begin substitute, new text end or helper transports
a child or children under age nine in a motor vehicle, the person placing the child or children
in a passenger restraint must satisfactorily complete training on the proper use and installation
of child restraint systems in motor vehicles. Training completed under this subdivision may
be used to meet initial training under subdivision 1 or ongoing training under subdivision
7.
(2) Training required under this subdivision must be at least one hour in length, completed
at initial training, and repeated at least once every five years. At a minimum, the training
must address the proper use of child restraint systems based on the child's size, weight, and
age, and the proper installation of a car seat or booster seat in the motor vehicle used by the
license holder to transport the child or children.
(3) Training under this subdivision must be provided by individuals who are certified
and approved by the Department of Public Safety, Office of Traffic Safety. License holders
may obtain a list of certified and approved trainers through the Department of Public Safety
website or by contacting the agency.
(c) Child care providers that only transport school-age children as defined in section
245A.02, subdivision 19, paragraph (f), in child care buses as defined in section 169.448,
subdivision 1, paragraph (e), are exempt from this subdivision.
For purposes
of family and group family child care, the license holder and each deleted text begin primarydeleted text end new text begin adultnew text end caregiver
must complete 16 hours of ongoing training each year. deleted text begin For purposes of this subdivision, a
primary caregiver is an adult caregiver who provides services in the licensed setting for
more than 30 days in any 12-month period.deleted text end Repeat of topical training requirements in
subdivisions 2 to 8 shall count toward the annual 16-hour training requirement. Additional
ongoing training subjects to meet the annual 16-hour training requirement must be selected
from the following areas:
(1) child development and learning training deleted text begin under subdivision 2, paragraph (a)deleted text end new text begin in
understanding how a child develops physically, cognitively, emotionally, and socially, and
how a child learns as part of the child's family, culture, and communitynew text end ;
(2) developmentally appropriate learning experiences, including training in creating
positive learning experiences, promoting cognitive development, promoting social and
emotional development, promoting physical development, promoting creative development;
and behavior guidance;
(3) relationships with families, including training in building a positive, respectful
relationship with the child's family;
(4) assessment, evaluation, and individualization, including training in observing,
recording, and assessing development; assessing and using information to plan; and assessing
and using information to enhance and maintain program quality;
(5) historical and contemporary development of early childhood education, including
training in past and current practices in early childhood education and how current events
and issues affect children, families, and programs;
(6) professionalism, including training in knowledge, skills, and abilities that promote
ongoing professional development; and
(7) health, safety, and nutrition, including training in establishing healthy practices;
ensuring safety; and providing healthy nutrition.
(a) The training required of family
and group family child care providers and staff must include training in the cultural dynamics
of early childhood development and child care. The cultural dynamics and disabilities
training and skills development of child care providers must be designed to achieve outcomes
for providers of child care that include, but are not limited to:
(1) an understanding and support of the importance of culture and differences in ability
in children's identity development;
(2) understanding the importance of awareness of cultural differences and similarities
in working with children and their families;
(3) understanding and support of the needs of families and children with differences in
ability;
(4) developing skills to help children develop unbiased attitudes about cultural differences
and differences in ability;
(5) developing skills in culturally appropriate caregiving; and
(6) developing skills in appropriate caregiving for children of different abilities.
The commissioner shall approve the curriculum for cultural dynamics and disability
training.
(b) The provider must meet the training requirement in section 245A.14, subdivision
11, paragraph (a), clause (4), to be eligible to allow a child cared for at the family child care
or group family child care home to use the swimming pool located at the home.
new text begin
(a) Courses required by this
subdivision must include the following health and safety topics:
new text end
new text begin
(1) preventing and controlling infectious diseases;
new text end
new text begin
(2) administering medication;
new text end
new text begin
(3) preventing and responding to allergies;
new text end
new text begin
(4) ensuring building and physical premise safety;
new text end
new text begin
(5) handling and storing biological contaminants;
new text end
new text begin
(6) preventing and reporting child abuse and maltreatment; and
new text end
new text begin
(7) emergency preparedness.
new text end
deleted text begin (a)deleted text end new text begin (b)new text end Before initial licensure and before caring for a child, all family child care license
holders and each adult caregiver deleted text begin who provides care in the licensed family child care home
for more than 30 days in any 12-month perioddeleted text end shall complete and document the completion
of the six-hour Supervising for Safety for Family Child Care course developed by the
commissioner.
new text begin
(c) The license holder must ensure and document that, before caring for a child, all
substitutes have completed the four-hour Basics of Licensed Family Child Care for
Substitutes course developed by the commissioner, which must include health and safety
topics as well as child development and learning.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end The family child care license holder and each adult caregiver deleted text begin who provides care
in the licensed family child care home for more than 30 days in any 12-month perioddeleted text end shall
complete and document:
(1) the annual completion of a two-hour active supervision course developed by the
commissionernew text begin , which may be fulfilled by completing any course in Knowledge and
Competency Area VII-A: Establishing Healthy Practices or Knowledge and Competency
area VII-B: Ensuring Safety, that is not otherwise required in this sectionnew text end ; and
(2) the completion at least once every five years of the two-hour courses Health and
Safety I and Health and Safety II. A license holder's or adult caregiver's completion of either
training in a given year meets the annual active supervision training requirement in clause
(1).
new text begin
(e) At least once every three years, license holders must ensure and document that
substitutes have completed the four-hour Basics of Licensed Family Child Care for
Substitutes course.
new text end
County licensing staff must accept training approved by
the Minnesota Center for Professional Development, including:
(1) face-to-face or classroom training;
(2) online training; and
(3) relationship-based professional development, such as mentoring, coaching, and
consulting.
New and increased training requirements under this section
must not be imposed on providers until the commissioner establishes statewide accessibility
to the required provider training.
new text begin
This section is effective September 30, 2020.
new text end
Minnesota Statutes 2018, section 245C.02, subdivision 5, is amended to read:
"Background study" means the review of records conducted
by the commissioner to determine whether a subject is disqualified from direct contact with
persons served by a program and, where specifically provided in statutes, whether a subject
is disqualified from having access to persons served by a programnew text begin and from working in a
children's residential facility or foster residence settingnew text end .
Minnesota Statutes 2018, section 245C.02, is amended by adding a subdivision
to read:
new text begin
"Foster family setting" has the meaning given in
Minnesota Rules, chapter 2960.3010, subpart 23.
new text end
Minnesota Statutes 2018, section 245C.02, is amended by adding a subdivision
to read:
new text begin
"Foster residence setting" has the meaning given
in Minnesota Rules, chapter 2960.3010, subpart 26, and includes settings licensed by the
commissioner of corrections or the commissioner of human services.
new text end
Minnesota Statutes 2018, section 245C.02, is amended by adding a subdivision
to read:
new text begin
"Title IV-E eligible" means a children's residential facility
or foster residence setting that is designated by the commissioner as eligible to receive Title
IV-E payments for a child placed at the children's residential facility or foster residence
setting.
new text end
Minnesota Statutes 2019 Supplement, section 245C.03, subdivision 1, is amended
to read:
(a) The commissioner shall conduct a background
study on:
(1) the person or persons applying for a license;
(2) an individual age 13 and over living in the household where the licensed program
will be provided who is not receiving licensed services from the program;
(3) current or prospective employees or contractors of the applicant who will have direct
contact with persons served by the facility, agency, or program;
(4) volunteers or student volunteers who will have direct contact with persons served
by the program to provide program services if the contact is not under the continuous, direct
supervision by an individual listed in clause (1) or (3);
(5) an individual age ten to 12 living in the household where the licensed services will
be provided when the commissioner has reasonable cause as defined in section 245C.02,
subdivision 15;
(6) an individual who, without providing direct contact services at a licensed program,
may have unsupervised access to children or vulnerable adults receiving services from a
program, when the commissioner has reasonable cause as defined in section 245C.02,
subdivision 15;
(7) all controlling individuals as defined in section 245A.02, subdivision 5a;
(8) notwithstanding the other requirements in this subdivision, child care background
study subjects as defined in section 245C.02, subdivision 6a; and
(9) notwithstanding clause (3), for children's residential facilitiesnew text begin and foster residence
settingsnew text end , any adult working in the facility, whether or not the individual will have direct
contact with persons served by the facility.
(b) For child foster care when the license holder resides in the home where foster care
services are provided, a short-term substitute caregiver providing direct contact services for
a child for less than 72 hours of continuous care is not required to receive a background
study under this chapter.
Minnesota Statutes 2018, section 245C.04, subdivision 1, is amended to read:
(a) The commissioner
shall conduct a background study of an individual required to be studied under section
245C.03, subdivision 1, at least upon application for initial license for all license types.
(b) The commissioner shall conduct a background study of an individual required to be
studied under section 245C.03, subdivision 1, including a child care background study
subject as defined in section 245C.02, subdivision 6a, in a family child care program, licensed
child care center, certified license-exempt child care center, or legal nonlicensed child care
provider, on a schedule determined by the commissioner. Except as provided in section
245C.05, subdivision 5a, a child care background study must include submission of
fingerprints for a national criminal history record check and a review of the information
under section 245C.08. A background study for a child care program must be repeated
within five years from the most recent study conducted under this paragraph.
(c) At reapplication for a family child care license:
(1) for a background study affiliated with a licensed family child care center or legal
nonlicensed child care provider, the individual shall provide information required under
section 245C.05, subdivision 1, paragraphs (a), (b), and (d), to the county agency, and be
fingerprinted and photographed under section 245C.05, subdivision 5;
(2) the county agency shall verify the information received under clause (1) and forward
the information to the commissioner to complete the background study; and
(3) the background study conducted by the commissioner under this paragraph must
include a review of the information required under section 245C.08.
(d) The commissioner is not required to conduct a study of an individual at the time of
reapplication for a license if the individual's background study was completed by the
commissioner of human services and the following conditions are met:
(1) a study of the individual was conducted either at the time of initial licensure or when
the individual became affiliated with the license holder;
(2) the individual has been continuously affiliated with the license holder since the last
study was conducted; and
(3) the last study of the individual was conducted on or after October 1, 1995.
(e) The commissioner of human services shall conduct a background study of an
individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6),
who is newly affiliated with a child foster deleted text begin caredeleted text end new text begin family settingnew text end license holder:
(1) the county or private agency shall collect and forward to the commissioner the
information required under section 245C.05, subdivisions 1 and 5, when the child foster
deleted text begin caredeleted text end new text begin family settingnew text end applicant or license holder resides in the home where child foster care
services are provided;new text begin and
new text end
deleted text begin
(2) the child foster care license holder or applicant shall collect and forward to the
commissioner the information required under section 245C.05, subdivisions 1 and 5, when
the applicant or license holder does not reside in the home where child foster care services
are provided; and
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end the background study conducted by the commissioner of human services under
this paragraph must include a review of the information required under section 245C.08,
subdivisions 1, 3, and 4.
(f) The commissioner shall conduct a background study of an individual specified under
section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly affiliated
with an adult foster care or family adult day services and with a family child care license
holder or a legal nonlicensed child care provider authorized under chapter 119B and:
(1) except as provided in section 245C.05, subdivision 5a, the county shall collect and
forward to the commissioner the information required under section 245C.05, subdivision
1, paragraphs (a) and (b), and subdivision 5, paragraphs (a), (b), and (d), for background
studies conducted by the commissioner for all family adult day services, for adult foster
care when the adult foster care license holder resides in the adult foster care residence, and
for family child care and legal nonlicensed child care authorized under chapter 119B;
(2) the license holder shall collect and forward to the commissioner the information
required under section 245C.05, subdivisions 1, paragraphs (a) and (b); and 5, paragraphs
(a) and (b), for background studies conducted by the commissioner for adult foster care
when the license holder does not reside in the adult foster care residence; and
(3) the background study conducted by the commissioner under this paragraph must
include a review of the information required under section 245C.08, subdivision 1, paragraph
(a), and subdivisions 3 and 4.
(g) Applicants for licensure, license holders, and other entities as provided in this chapter
must submit completed background study requests to the commissioner using the electronic
system known as NETStudy before individuals specified in section 245C.03, subdivision
1, begin positions allowing direct contact in any licensed program.
(h) For an individual who is not on the entity's active roster, the entity must initiate a
new background study through NETStudy when:
(1) an individual returns to a position requiring a background study following an absence
of 120 or more consecutive days; or
(2) a program that discontinued providing licensed direct contact services for 120 or
more consecutive days begins to provide direct contact licensed services again.
The license holder shall maintain a copy of the notification provided to the commissioner
under this paragraph in the program's files. If the individual's disqualification was previously
set aside for the license holder's program and the new background study results in no new
information that indicates the individual may pose a risk of harm to persons receiving
services from the license holder, the previous set-aside shall remain in effect.
(i) For purposes of this section, a physician licensed under chapter 147 is considered to
be continuously affiliated upon the license holder's receipt from the commissioner of health
or human services of the physician's background study results.
(j) For purposes of family child care, a substitute caregiver must receive repeat
background studies at the time of each license renewal.
(k) A repeat background study at the time of license renewal is not required if the family
child care substitute caregiver's background study was completed by the commissioner on
or after October 1, 2017, and the substitute caregiver is on the license holder's active roster
in NETStudy 2.0.
(l) Before and after school programs authorized under chapter 119B, are exempt from
the background study requirements under section 123B.03, for an employee for whom a
background study under this chapter has been completed.
Minnesota Statutes 2018, section 245C.04, is amended by adding a subdivision
to read:
new text begin
Applicants
and license holders for children's residential facilities and foster residence settings must
submit a background study request to the commissioner using the electronic system known
as NETStudy 2.0:
new text end
new text begin
(1) before the commissioner issues a license to an applicant;
new text end
new text begin
(2) before an individual age 13 or older, who is not currently receiving services from
the licensed facility or setting, may live in the licensed program or setting;
new text end
new text begin
(3) before a volunteer has unsupervised direct contact with persons that the program
serves;
new text end
new text begin
(4) before an individual becomes a controlling individual as defined in section 245A.02,
subdivision 5a;
new text end
new text begin
(5) before an adult, regardless of whether or not the individual will have direct contact
with persons served by the facility, begins working in the facility or setting;
new text end
new text begin
(6) when directed to by the commissioner for an individual who resides in the household
as described in section 245C.03, subdivision 1, paragraph (a), clause (5); and
new text end
new text begin
(7) when directed to by the commissioner for an individual who may have unsupervised
access to children or vulnerable adults as described in section 245C.03, subdivision 1,
paragraph (a), clause (6).
new text end
Minnesota Statutes 2019 Supplement, section 245C.05, subdivision 4, is amended
to read:
(a) For background studies conducted by the
Department of Human Services, the commissioner shall implement a secure system for the
electronic transmission of:
(1) background study information to the commissioner;
(2) background study results to the license holder;
(3) background study results to deleted text begin county and private agenciesdeleted text end new text begin countiesnew text end for background
studies conducted by the commissioner for child foster care; and
(4) background study results to county agencies for background studies conducted by
the commissioner for adult foster care and family adult day services and, upon
implementation of NETStudy 2.0, family child care and legal nonlicensed child care
authorized under chapter 119B.
(b) Unless the commissioner has granted a hardship variance under paragraph (c), a
license holder or an applicant must use the electronic transmission system known as
NETStudy or NETStudy 2.0 to submit all requests for background studies to the
commissioner as required by this chapter.
(c) A license holder or applicant whose program is located in an area in which high-speed
Internet is inaccessible may request the commissioner to grant a variance to the electronic
transmission requirement.
(d) Section 245C.08, subdivision 3, paragraph (c), applies to results transmitted under
this subdivision.
Minnesota Statutes 2019 Supplement, section 245C.08, subdivision 1, is amended
to read:
(a)
For a background study conducted by the Department of Human Services, the commissioner
shall review:
(1) information related to names of substantiated perpetrators of maltreatment of
vulnerable adults that has been received by the commissioner as required under section
626.557, subdivision 9c, paragraph (j);
(2) the commissioner's records relating to the maltreatment of minors in licensed
programs, and from findings of maltreatment of minors as indicated through the social
service information system;
(3) information from juvenile courts as required in subdivision 4 for individuals listed
in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;
(4) information from the Bureau of Criminal Apprehension, including information
regarding a background study subject's registration in Minnesota as a predatory offender
under section 243.166;
(5) except as provided in clause (6), information received as a result of submission of
fingerprints for a national criminal history record check, as defined in section 245C.02,
subdivision 13c, when the commissioner has reasonable cause for a national criminal history
record check as defined under section 245C.02, subdivision 15a, or as required under section
144.057, subdivision 1, clause (2);
(6) for a background study related to a child foster deleted text begin caredeleted text end new text begin family settingnew text end application for
licensure, new text begin foster residence settings, new text end children's residential facilities, a transfer of permanent
legal and physical custody of a child under sections 260C.503 to 260C.515, or adoptions,
and for a background study required for family child care, certified license-exempt child
care, child care centers, and legal nonlicensed child care authorized under chapter 119B,
the commissioner shall also review:
(i) information from the child abuse and neglect registry for any state in which the
background study subject has resided for the past five years;
(ii) when the background study subject is 18 years of age or older, or a minor under
section 245C.05, subdivision 5a, paragraph (c), information received following submission
of fingerprints for a national criminal history record check; and
(iii) when the background study subject is 18 years of age or older or a minor under
section 245C.05, subdivision 5a, paragraph (d), for licensed family child care, certified
license-exempt child care, licensed child care centers, and legal nonlicensed child care
authorized under chapter 119B, information obtained using non-fingerprint-based data
including information from the criminal and sex offender registries for any state in which
the background study subject resided for the past five years and information from the national
crime information database and the national sex offender registry; and
(7) for a background study required for family child care, certified license-exempt child
care centers, licensed child care centers, and legal nonlicensed child care authorized under
chapter 119B, the background study shall also include, to the extent practicable, a name
and date-of-birth search of the National Sex Offender Public website.
(b) Notwithstanding expungement by a court, the commissioner may consider information
obtained under paragraph (a), clauses (3) and (4), unless the commissioner received notice
of the petition for expungement and the court order for expungement is directed specifically
to the commissioner.
(c) The commissioner shall also review criminal case information received according
to section 245C.04, subdivision 4a, from the Minnesota court information system that relates
to individuals who have already been studied under this chapter and who remain affiliated
with the agency that initiated the background study.
(d) When the commissioner has reasonable cause to believe that the identity of a
background study subject is uncertain, the commissioner may require the subject to provide
a set of classifiable fingerprints for purposes of completing a fingerprint-based record check
with the Bureau of Criminal Apprehension. Fingerprints collected under this paragraph
shall not be saved by the commissioner after they have been used to verify the identity of
the background study subject against the particular criminal record in question.
(e) The commissioner may inform the entity that initiated a background study under
NETStudy 2.0 of the status of processing of the subject's fingerprints.
Minnesota Statutes 2019 Supplement, section 245C.13, subdivision 2, is amended
to read:
The
subject of a background study may not perform any activity requiring a background study
under paragraph (c) until the commissioner has issued one of the notices under paragraph
(a).
(a) Notices from the commissioner required prior to activity under paragraph deleted text begin (b)deleted text end new text begin (c)new text end
include:
(1) a notice of the study results under section 245C.17 stating that:
(i) the individual is not disqualified; or
(ii) more time is needed to complete the study but the individual is not required to be
removed from direct contact or access to people receiving services prior to completion of
the study as provided under section 245C.17, subdivision 1, paragraph (b) or (c). The notice
that more time is needed to complete the study must also indicate whether the individual is
required to be under continuous direct supervision prior to completion of the background
studynew text begin . When more time is necessary to complete a background study of an individual
affiliated with a Title IV-E eligible children's residential facility or foster residence setting,
the individual may not work in the facility or setting regardless of whether or not the
individual is supervisednew text end ;
(2) a notice that a disqualification has been set aside under section 245C.23; or
(3) a notice that a variance has been granted related to the individual under section
245C.30.
(b) For a background study affiliated with a licensed child care center or certified
license-exempt child care center, the notice sent under paragraph (a), clause (1), item (ii),
must require the individual to be under continuous direct supervision prior to completion
of the background study except as permitted in subdivision 3.
(c) Activities prohibited prior to receipt of notice under paragraph (a) include:
(1) being issued a license;
(2) living in the household where the licensed program will be provided;
(3) providing direct contact services to persons served by a program unless the subject
is under continuous direct supervision;
(4) having access to persons receiving services if the background study was completed
under section 144.057, subdivision 1, or 245C.03, subdivision 1, paragraph (a), clause (2),
(5), or (6), unless the subject is under continuous direct supervision; deleted text begin