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HF 1432

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/11/2021 04:20pm

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

Bill Text Versions

Engrossments
Introduction Posted on 02/22/2021
1st Engrossment Posted on 03/11/2021

Current Version - 1st Engrossment

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A bill for an act
relating to human services; modifying vulnerable adult protection provisions;
amending Minnesota Statutes 2020, sections 626.557, subdivisions 4, 9, 9b, 9c,
9d, 10b, 12b; 626.5571, subdivisions 1, 2; 626.5572, subdivisions 2, 4, 17.

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

Section 1.

Minnesota Statutes 2020, section 626.557, subdivision 4, is amended to read:


Subd. 4.

Reporting.

(a) Except as provided in paragraph (b), a mandated reporter shall
immediately make deleted text beginan oraldeleted text endnew text begin anew text end report to the common entry point. deleted text beginThe common entry point
may accept electronic reports submitted through a web-based reporting system established
by the commissioner. Use of a telecommunications device for the deaf or other similar
device shall be considered an oral report. The common entry point may not require written
reports.
deleted text end To the extent possible, the report must be of sufficient content to identify the
vulnerable adult, the caregiver, the nature and extent of the suspected maltreatment, any
evidence of previous maltreatment, the name and address of the reporter, the time, date,
and location of the incident, and any other information that the reporter believes might be
helpful in investigating the suspected maltreatment. A mandated reporter may disclose not
public data, as defined in section 13.02, and medical records under sections 144.291 to
144.298, to the extent necessary to comply with this subdivision.

(b) A boarding care home that is licensed under sections 144.50 to 144.58 and certified
under Title 19 of the Social Security Act, a nursing home that is licensed under section
144A.02 and certified under Title 18 or Title 19 of the Social Security Act, or a hospital
that is licensed under sections 144.50 to 144.58 and has swing beds certified under Code
of Federal Regulations, title 42, section 482.66, may submit a report electronically to the
common entry point instead of submitting an oral report. The report may be a duplicate of
the initial report the facility submits electronically to the commissioner of health to comply
with the reporting requirements under Code of Federal Regulations, title 42, section 483.12.
The commissioner of health may modify these reporting requirements to include items
required under paragraph (a) that are not currently included in the electronic reporting form.

Sec. 2.

Minnesota Statutes 2020, section 626.557, subdivision 9, is amended to read:


Subd. 9.

Common entry point designation.

(a) deleted text beginEach county board shall designate a
common entry point for reports of suspected maltreatment, for use until the commissioner
of human services establishes a common entry point. Two or more county boards may
jointly designate a single common entry point.
deleted text end The commissioner of human services shall
establish a common entry point deleted text begineffective July 1, 2015deleted text end. The common entry point is the unit
responsible for receiving the report of suspected maltreatment under this section.

(b) The common entry point must be available 24 hours per day to take calls from
reporters of suspected maltreatment. The common entry point shall use a standard intake
form that includes:

(1) the time and date of the report;

(2)new text begin the name, relationship, and identifying and contact information for the person believed
to be a vulnerable adult and the individual or facility alleged responsible for maltreatment;
new text end

new text begin (3)new text end the name, deleted text beginaddress, and telephone number of the person reporting;deleted text endnew text begin relationship, and
contact information for the:
new text end

new text begin (i) reporter;
new text end

new text begin (ii) initial reporter, witnesses, and persons who may have knowledge about the
maltreatment; and
new text end

new text begin (iii) legal surrogate and persons who may provide support to the vulnerable adult;
new text end

new text begin (4) the basis of vulnerability for the vulnerable adult;
new text end

deleted text begin (3)deleted text endnew text begin (5)new text end the time, date, and location of the incident;

deleted text begin (4) the names of the persons involved, including but not limited to, perpetrators, alleged
victims, and witnesses;
deleted text end

deleted text begin (5) whether there was a risk of imminent danger to the alleged victim;
deleted text end

new text begin (6) the immediate safety risk to the vulnerable adult;
new text end

deleted text begin (6)deleted text endnew text begin (7)new text end a description of the suspected maltreatment;

deleted text begin (7) the disability, if any, of the alleged victim;
deleted text end

deleted text begin (8) the relationship of the alleged perpetrator to the alleged victim;
deleted text end

new text begin (8) the impact of the suspected maltreatment on the vulnerable adult;
new text end

(9) whether a facility was involved and, if so, which agency licenses the facility;

deleted text begin (10) any action taken by the common entry point;
deleted text end

deleted text begin (11) whether law enforcement has been notified;
deleted text end

new text begin (10) the actions taken to protect the vulnerable adult;
new text end

new text begin (11) the required notifications and referrals made by the common entry point; and
new text end

(12) whether the reporter wishes to receive notification of the deleted text begininitial and final reports;
and
deleted text endnew text begin disposition.
new text end

deleted text begin (13) if the report is from a facility with an internal reporting procedure, the name, mailing
address, and telephone number of the person who initiated the report internally.
deleted text end

(c) The common entry point is not required to complete each item on the form prior to
dispatching the report to the appropriate lead investigative agency.

(d) The common entry point shall immediately report to a law enforcement agency any
incident in which there is reason to believe a crime has been committed.

(e) If a report is initially made to a law enforcement agency or a lead investigative agency,
those agencies shall take the report on the appropriate common entry point intake forms
and immediately forward a copy to the common entry point.

(f) The common entry point staff must receive training on how to screen and dispatch
reports efficiently and in accordance with this section.

(g) The commissioner of human services shall maintain a centralized database for the
collection of common entry point data, lead investigative agency data including maltreatment
report disposition, and appeals data. The common entry point shall have access to the
centralized database and must log the reports into the database deleted text beginand immediately identify
and locate prior reports of abuse, neglect, or exploitation
deleted text end.

(h) When appropriate, the common entry point staff must refer calls that do not allege
the abuse, neglect, or exploitation of a vulnerable adult to other organizations that might
resolve the reporter's concerns.

(i) A common entry point must be operated in a manner that enables the commissioner
of human services to:

(1) track critical steps in the reporting, evaluation, referral, response, disposition, and
investigative process to ensure compliance with all requirements for all reports;

(2) maintain data to facilitate the production of aggregate statistical reports for monitoring
patterns of abuse, neglect, or exploitation;

(3) serve as a resource for the evaluation, management, and planning of preventative
and remedial services for vulnerable adults who have been subject to abuse, neglect, or
exploitation;

(4) set standards, priorities, and policies to maximize the efficiency and effectiveness
of the common entry point; and

(5) track and manage consumer complaints related to the common entry point.

(j) The commissioners of human services and health shall collaborate on the creation of
a system for referring reports to the lead investigative agencies. This system shall enable
the commissioner of human services to track critical steps in the reporting, evaluation,
referral, response, disposition, investigation, notification, determination, and appeal processes.

Sec. 3.

Minnesota Statutes 2020, section 626.557, subdivision 9b, is amended to read:


Subd. 9b.

Response to reports.

Law enforcement is the primary agency to conduct
investigations of any incident in which there is reason to believe a crime has been committed.
Law enforcement shall initiate a response immediately. If the common entry point notified
a county agency for emergency adult protective services, law enforcement shall cooperate
with that county agency when both agencies are involved and shall exchange data to the
extent authorized in subdivision 12b, paragraph (g). County adult protection shall initiate
a response immediately. Each lead investigative agency shall complete the investigative
process for reports within its jurisdiction. A lead investigative agency, county, adult protective
agency, licensed facility, or law enforcement agency shall cooperate with other agencies in
the provision of protective services, coordinating its investigations, and assisting another
agency within the limits of its resources and expertise and shall exchange data to the extent
authorized in subdivision 12b, paragraph (g). The lead investigative agency shall obtain the
results of any investigation conducted by law enforcement officials. The lead investigative
agency has the right to enter facilities and inspect and copy records as part of investigations.
The lead investigative agency has access to not public data, as defined in section 13.02, and
medical records under sections 144.291 to 144.298, that are maintained by facilities to the
extent necessary to conduct its investigation. Each lead investigative agency shall develop
guidelines for prioritizing reports for investigation.new text begin When a county acts as a lead investigative
agency, the county shall make guidelines available to the public regarding which reports
the county prioritizes for investigation and adult protective services.
new text end

Sec. 4.

Minnesota Statutes 2020, section 626.557, subdivision 9c, is amended to read:


Subd. 9c.

Lead investigative agency; notifications, dispositions, determinations.

(a)
Upon request of the reporter, the lead investigative agency shall notify the reporter that it
has received the report, and provide information on the initial disposition of the report within
five business days of receipt of the report, provided that the notification will not endanger
the vulnerable adult or hamper the investigation.

new text begin (b) In making the initial disposition of a report alleging maltreatment of a vulnerable
adult, the lead investigative agency may consider previous reports of suspected maltreatment
and may request and consider public information, records maintained by a lead investigative
agency or licensed providers, and information from any person who may have knowledge
regarding the alleged maltreatment and the basis for the adult's vulnerability.
new text end

new text begin (c) Unless the lead investigative agency believes that: (1) the information would endanger
the well-being of the vulnerable adult; or (2) it would not be in the best interests of the
vulnerable adult, the lead investigative agency shall inform the vulnerable adult, or vulnerable
adult's guardian or health care agent, if known and when applicable to the authority of the
vulnerable adult's guardian or health care agent, of all reports accepted by the agency for
investigation, including the maltreatment allegation, investigation guidelines, time frame,
and evidence standards that the agency uses for determinations. If the allegation is applicable
to the guardian or health care agent, the lead investigative agency must also inform the
vulnerable adult's guardian or health care agent of all reports accepted for investigation by
the agency, including the maltreatment allegation, investigation guidelines, time frame, and
evidence standards that the agency uses for determinations.
new text end

new text begin (d) While investigating reports and providing adult protective services, the lead
investigative agency may coordinate with entities identified under subdivision 12b, paragraph
(g), and may coordinate with support persons to safeguard the welfare of the vulnerable
adult and prevent further maltreatment of the vulnerable adult.
new text end

deleted text begin (b)deleted text endnew text begin (e)new text end Upon conclusion of every investigation it conducts, the lead investigative agency
shall make a final disposition as defined in section 626.5572, subdivision 8.

deleted text begin (c)deleted text endnew text begin (f)new text end When determining whether the facility or individual is the responsible party for
substantiated maltreatment or whether both the facility and the individual are responsible
for substantiated maltreatment, the lead investigative agency shall consider at least the
following mitigating factors:

(1) whether the actions of the facility or the individual caregivers were in accordance
with, and followed the terms of, an erroneous physician order, prescription, resident care
plan, or directive. This is not a mitigating factor when the facility or caregiver is responsible
for the issuance of the erroneous order, prescription, plan, or directive or knows or should
have known of the errors and took no reasonable measures to correct the defect before
administering care;

(2) the comparative responsibility between the facility, other caregivers, and requirements
placed upon the employee, including but not limited to, the facility's compliance with related
regulatory standards and factors such as the adequacy of facility policies and procedures,
the adequacy of facility training, the adequacy of an individual's participation in the training,
the adequacy of caregiver supervision, the adequacy of facility staffing levels, and a
consideration of the scope of the individual employee's authority; and

(3) whether the facility or individual followed professional standards in exercising
professional judgment.

deleted text begin (d)deleted text endnew text begin (g)new text end When substantiated maltreatment is determined to have been committed by an
individual who is also the facility license holder, both the individual and the facility must
be determined responsible for the maltreatment, and both the background study
disqualification standards under section 245C.15, subdivision 4, and the licensing actions
under section 245A.06 or 245A.07 apply.

deleted text begin (e)deleted text endnew text begin (h)new text end The lead investigative agency shall complete its final disposition within 60
calendar days. If the lead investigative agency is unable to complete its final disposition
within 60 calendar days, the lead investigative agency shall notify the following persons
provided that the notification will not endanger the vulnerable adult or hamper the
investigation: (1) the vulnerable adult or the vulnerable adult's guardian or health care agent,
when known, if the lead investigative agency knows them to be aware of the investigation;
and (2) the facility, where applicable. The notice shall contain the reason for the delay and
the projected completion date. If the lead investigative agency is unable to complete its final
disposition by a subsequent projected completion date, the lead investigative agency shall
again notify the vulnerable adult or the vulnerable adult's guardian or health care agent,
when known if the lead investigative agency knows them to be aware of the investigation,
and the facility, where applicable, of the reason for the delay and the revised projected
completion date provided that the notification will not endanger the vulnerable adult or
hamper the investigation. The lead investigative agency must notify the health care agent
of the vulnerable adult only if the health care agent's authority to make health care decisions
for the vulnerable adult is currently effective under section 145C.06 and not suspended
under section 524.5-310 and the investigation relates to a duty assigned to the health care
agent by the principal. A lead investigative agency's inability to complete the final disposition
within 60 calendar days or by any projected completion date does not invalidate the final
disposition.

deleted text begin (f) Within ten calendar days of completing the final dispositiondeleted text endnew text begin (i) When the lead
investigative agency is the Department of Health or the Department of Human Services
new text end,
the lead investigative agency shall provide a copy of the public investigation memorandum
under subdivision 12b, paragraph (b), clause (1), deleted text beginwhen required to be completed under this
section,
deleted text endnew text begin within ten calendar days of completing the final dispositionnew text end to the following persons:

(1) the vulnerable adult, or the vulnerable adult's guardian or health care agent, if known,
unless the lead investigative agency knows that the notification would endanger the
well-being of the vulnerable adult;

(2) the reporter, if the reporter requested notification when making the report, provided
this notification would not endanger the well-being of the vulnerable adult;

(3) the deleted text beginalleged perpetratordeleted text endnew text begin person or facility alleged responsible for maltreatmentnew text end, if
known;

(4) the facility; and

(5) the ombudsman for long-term care, or the ombudsman for mental health and
developmental disabilities, as appropriate.

new text begin (j) When the lead investigative agency is a county agency, within ten calendar days of
completing the final disposition, the lead investigative agency shall provide notification of
the final disposition to the following persons:
new text end

new text begin (1) the vulnerable adult, or the vulnerable adult's guardian or health care agent, if known,
when the allegation is applicable to the authority of the vulnerable adult's guardian or health
care agent, unless the agency knows that the notification would endanger the well-being of
the vulnerable adult;
new text end

new text begin (2) the individual determined responsible for maltreatment, if known; and
new text end

new text begin (3) when the alleged incident involves a personal care assistant or provider agency, the
personal care provider organization under section 256B.0659. Upon implementation of
Community First Services and Supports (CFSS), this notification requirement applies to
the CFSS support worker or CFSS agency under section 256B.85.
new text end

deleted text begin (g)deleted text endnew text begin (k)new text end If, as a result of a reconsideration, review, or hearing, the lead investigative
agency changes the final disposition, or if a final disposition is changed on appeal, the lead
investigative agency shall notify the parties specified in paragraph deleted text begin(f)deleted text endnew text begin (i)new text end.

deleted text begin (h)deleted text endnew text begin (l)new text end The lead investigative agency shall notify the vulnerable adult who is the subject
of the report or the vulnerable adult's guardian or health care agent, if known, and any person
or facility determined to have maltreated a vulnerable adult, of their appeal or review rights
under this section or section 256.021.

deleted text begin (i)deleted text endnew text begin (m)new text end The lead investigative agency shall routinely provide investigation memoranda
for substantiated reports to the appropriate licensing boards. These reports must include the
names of substantiated perpetrators. The lead investigative agency may not provide
investigative memoranda for inconclusive or false reports to the appropriate licensing boards
unless the lead investigative agency's investigation gives reason to believe that there may
have been a violation of the applicable professional practice laws. If the investigation
memorandum is provided to a licensing board, the subject of the investigation memorandum
shall be notified and receive a summary of the investigative findings.

deleted text begin (j)deleted text endnew text begin (n)new text end In order to avoid duplication, licensing boards shall consider the findings of the
lead investigative agency in their investigations if they choose to investigate. This does not
preclude licensing boards from considering other information.

deleted text begin (k)deleted text endnew text begin (o)new text end The lead investigative agency must provide to the commissioner of human services
its final dispositions, including the names of all substantiated perpetrators. The commissioner
of human services shall establish records to retain the names of substantiated perpetrators.

Sec. 5.

Minnesota Statutes 2020, section 626.557, subdivision 9d, is amended to read:


Subd. 9d.

Administrative reconsideration; review panel.

(a) Except as provided under
paragraph (e), any individual or facility which a lead investigative agency determines has
maltreated a vulnerable adult, or the vulnerable adult or an interested person acting on behalf
of the vulnerable adult, regardless of the lead investigative agency's determination, who
contests the lead investigative agency's final disposition of an allegation of maltreatment,
may request the lead investigative agency to reconsider its final disposition. The request
for reconsideration must be submitted in writing to the lead investigative agency within 15
calendar days after receipt of notice of final disposition or, if the request is made by an
interested person who is not entitled to notice, within 15 days after receipt of the notice by
the vulnerable adult or the vulnerable adult's guardian or health care agent. If mailed, the
request for reconsideration must be postmarked and sent to the lead investigative agency
within 15 calendar days of the individual's or facility's receipt of the final disposition. If the
request for reconsideration is made by personal service, it must be received by the lead
investigative agency within 15 calendar days of the individual's or facility's receipt of the
final disposition. An individual who was determined to have maltreated a vulnerable adult
under this section and who was disqualified on the basis of serious or recurring maltreatment
under sections 245C.14 and 245C.15, may request reconsideration of the maltreatment
determination and the disqualification. The request for reconsideration of the maltreatment
determination and the disqualification must be submitted in writing within 30 calendar days
of the individual's receipt of the notice of disqualification under sections 245C.16 and
245C.17. If mailed, the request for reconsideration of the maltreatment determination and
the disqualification must be postmarked and sent to the lead investigative agency within 30
calendar days of the individual's receipt of the notice of disqualification. If the request for
reconsideration is made by personal service, it must be received by the lead investigative
agency within 30 calendar days after the individual's receipt of the notice of disqualification.

(b) Except as provided under paragraphs (e) and (f), if the lead investigative agency
denies the request or fails to act upon the request within 15 working days after receiving
the request for reconsideration, the person or facility entitled to a fair hearing under section
256.045, may submit to the commissioner of human services a written request for a hearing
under that statute. The vulnerable adult, or an interested person acting on behalf of the
vulnerable adult, may request a review by the Vulnerable Adult Maltreatment Review Panel
under section 256.021 if the lead investigative agency denies the request or fails to act upon
the request, or if the vulnerable adult or interested person contests a reconsidered disposition.new text begin
The Vulnerable Adult Maltreatment Review Panel shall not conduct a review if the interested
person making the request on behalf of the vulnerable adult is also the individual or facility
alleged responsible for the maltreatment of the vulnerable adult.
new text end The lead investigative
agency shall notify persons who request reconsideration of their rights under this paragraph.
The request must be submitted in writing to the review panel and a copy sent to the lead
investigative agency within 30 calendar days of receipt of notice of a denial of a request for
reconsideration or of a reconsidered disposition. The request must specifically identify the
aspects of the lead investigative agency determination with which the person is dissatisfied.

(c) If, as a result of a reconsideration or review, the lead investigative agency changes
the final disposition, it shall notify the parties specified in subdivision 9c, paragraph deleted text begin(f)deleted text endnew text begin (i)new text end.

(d) For purposes of this subdivision, "interested person acting on behalf of the vulnerable
adult" means a person designated in writing by the vulnerable adult to act on behalf of the
vulnerable adult, or a legal guardian or conservator or other legal representative, a proxy
or health care agent appointed under chapter 145B or 145C, or an individual who is related
to the vulnerable adult, as defined in section 245A.02, subdivision 13.

(e) If an individual was disqualified under sections 245C.14 and 245C.15, on the basis
of a determination of maltreatment, which was serious or recurring, and the individual has
requested reconsideration of the maltreatment determination under paragraph (a) and
reconsideration of the disqualification under sections 245C.21 to 245C.27, reconsideration
of the maltreatment determination and requested reconsideration of the disqualification
shall be consolidated into a single reconsideration. If reconsideration of the maltreatment
determination is denied and the individual remains disqualified following a reconsideration
decision, the individual may request a fair hearing under section 256.045. If an individual
requests a fair hearing on the maltreatment determination and the disqualification, the scope
of the fair hearing shall include both the maltreatment determination and the disqualification.

(f) If a maltreatment determination or a disqualification based on serious or recurring
maltreatment is the basis for a denial of a license under section 245A.05 or a licensing
sanction under section 245A.07, the license holder has the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for
under section 245A.08, the scope of the contested case hearing must include the maltreatment
determination, disqualification, and licensing sanction or denial of a license. In such cases,
a fair hearing must not be conducted under section 256.045. Except for family child care
and child foster care, reconsideration of a maltreatment determination under this subdivision,
and reconsideration of a disqualification under section 245C.22, must not be conducted
when:

(1) a denial of a license under section 245A.05, or a licensing sanction under section
245A.07, is based on a determination that the license holder is responsible for maltreatment
or the disqualification of a license holder based on serious or recurring maltreatment;

(2) the denial of a license or licensing sanction is issued at the same time as the
maltreatment determination or disqualification; and

(3) the license holder appeals the maltreatment determination or disqualification, and
denial of a license or licensing sanction.

Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification, but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under sections
260E.33 and 626.557, subdivision 9d, and reconsideration of the disqualification shall be
conducted under section 245C.22. In such cases, a fair hearing shall also be conducted as
provided under sections 245C.27, 260E.33, and 626.557, subdivision 9d.

If the disqualified subject is an individual other than the license holder and upon whom
a background study must be conducted under chapter 245C, the hearings of all parties may
be consolidated into a single contested case hearing upon consent of all parties and the
administrative law judge.

(g) Until August 1, 2002, an individual or facility that was determined by the
commissioner of human services or the commissioner of health to be responsible for neglect
under section 626.5572, subdivision 17, after October 1, 1995, and before August 1, 2001,
that believes that the finding of neglect does not meet an amended definition of neglect may
request a reconsideration of the determination of neglect. The commissioner of human
services or the commissioner of health shall mail a notice to the last known address of
individuals who are eligible to seek this reconsideration. The request for reconsideration
must state how the established findings no longer meet the elements of the definition of
neglect. The commissioner shall review the request for reconsideration and make a
determination within 15 calendar days. The commissioner's decision on this reconsideration
is the final agency action.

(1) For purposes of compliance with the data destruction schedule under subdivision
12b, paragraph (d), when a finding of substantiated maltreatment has been changed as a
result of a reconsideration under this paragraph, the date of the original finding of a
substantiated maltreatment must be used to calculate the destruction date.

(2) For purposes of any background studies under chapter 245C, when a determination
of substantiated maltreatment has been changed as a result of a reconsideration under this
paragraph, any prior disqualification of the individual under chapter 245C that was based
on this determination of maltreatment shall be rescinded, and for future background studies
under chapter 245C the commissioner must not use the previous determination of
substantiated maltreatment as a basis for disqualification or as a basis for referring the
individual's maltreatment history to a health-related licensing board under section 245C.31.

Sec. 6.

Minnesota Statutes 2020, section 626.557, subdivision 10b, is amended to read:


Subd. 10b.

Investigations; guidelines.

new text begin(a) new text endEach lead investigative agency shall develop
guidelines for prioritizing reports for investigation.

new text begin (b)new text end When investigating a report, the lead investigative agency shall conduct the following
activitiesdeleted text begin,deleted text end as appropriate:

(1) interview of the deleted text beginalleged victimdeleted text endnew text begin vulnerable adultnew text end;

(2) interview of the reporter and others who may have relevant information;

(3) interview of the deleted text beginalleged perpetratordeleted text endnew text begin individual or facility alleged responsible for
maltreatment
new text end;new text begin and
new text end

deleted text begin (4) examination of the environment surrounding the alleged incident;
deleted text end

deleted text begin (5)deleted text endnew text begin (4)new text end review ofnew text begin records andnew text end pertinent documentation of the alleged incidentdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (6) consultation with professionals.
deleted text end

new text begin (c) The lead investigative agency shall conduct the following activities as appropriate
to further the investigation, to prevent further maltreatment, or to safeguard the vulnerable
adult:
new text end

new text begin (1) examining the environment surrounding the alleged incident;
new text end

new text begin (2) consulting with professionals; and
new text end

new text begin (3) communicating with state, federal, tribal, and other agencies including:
new text end

new text begin (i) service providers;
new text end

new text begin (ii) case managers;
new text end

new text begin (iii) ombudsmen; and
new text end

new text begin (iv) support persons for the vulnerable adult.
new text end

new text begin (d) The lead investigative agency may decide not to conduct an interview of a vulnerable
adult, reporter, or witness under paragraph (b) if:
new text end

new text begin (1) the vulnerable adult, reporter, or witness is deceased, declines to have an interview
with the agency, or is unable to be contacted despite the agency's diligent attempts;
new text end

new text begin (2) an interview of the vulnerable adult or reporter was conducted by law enforcement
or a professional trained in forensic interview and an additional interview will not further
the investigation;
new text end

new text begin (3) an interview of the witness will not further the investigation; or
new text end

new text begin (4) the agency has a reason to believe that the interview will endanger the vulnerable
adult.
new text end

Sec. 7.

Minnesota Statutes 2020, section 626.557, subdivision 12b, is amended to read:


Subd. 12b.

Data management.

(a) In performing any of the duties of this section as a
lead investigative agency, the county social service agency shall maintain appropriate
records. Data collected by the county social service agency under this sectionnew text begin while providing
adult protective services
new text end are welfare data under section 13.46. new text beginInvestigative data collected
under this section are confidential data on individuals or protected nonpublic data as defined
under section 13.02.
new text endNotwithstanding section 13.46, subdivision 1, paragraph (a), data under
this paragraph that are inactive investigative data on an individual who is a vendor of services
are private data on individuals, as defined in section 13.02. The identity of the reporter may
only be disclosed as provided in paragraph (c).

Data maintained by the common entry point are confidential data on individuals or
protected nonpublic data as defined in section 13.02. Notwithstanding section 138.163, the
common entry point shall maintain data for three calendar years after date of receipt and
then destroy the data unless otherwise directed by federal requirements.

(b) The commissioners of health and human services shall prepare an investigation
memorandum for each report alleging maltreatment investigated under this section. County
social service agencies must maintain private data on individuals but are not required to
prepare an investigation memorandum. During an investigation by the commissioner of
health or the commissioner of human services, data collected under this section are
confidential data on individuals or protected nonpublic data as defined in section 13.02.
Upon completion of the investigation, the data are classified as provided in clauses (1) to
(3) and paragraph (c).

(1) The investigation memorandum must contain the following data, which are public:

(i) the name of the facility investigated;

(ii) a statement of the nature of the alleged maltreatment;

(iii) pertinent information obtained from medical or other records reviewed;

(iv) the identity of the investigator;

(v) a summary of the investigation's findings;

(vi) statement of whether the report was found to be substantiated, inconclusive, false,
or that no determination will be made;

(vii) a statement of any action taken by the facility;

(viii) a statement of any action taken by the lead investigative agency; and

(ix) when a lead investigative agency's determination has substantiated maltreatment, a
statement of whether an individual, individuals, or a facility were responsible for the
substantiated maltreatment, if known.

The investigation memorandum must be written in a manner which protects the identity
of the reporter and of the vulnerable adult and may not contain the names or, to the extent
possible, data on individuals or private data listed in clause (2).

(2) Data on individuals collected and maintained in the investigation memorandum are
private data, including:

(i) the name of the vulnerable adult;

(ii) the identity of the individual alleged to be the perpetrator;

(iii) the identity of the individual substantiated as the perpetrator; and

(iv) the identity of all individuals interviewed as part of the investigation.

(3) Other data on individuals maintained as part of an investigation under this section
are private data on individuals upon completion of the investigation.

(c) deleted text beginAfter the assessment or investigation is completed,deleted text end The name of the reporter must
be confidential. The subject of the report may compel disclosure of the name of the reporter
only with the consent of the reporter or upon a written finding by a court that the report was
false and there is evidence that the report was made in bad faith. This subdivision does not
alter disclosure responsibilities or obligations under the Rules of Criminal Procedure, except
that where the identity of the reporter is relevant to a criminal prosecution, the district court
shall do an in-camera review prior to determining whether to order disclosure of the identity
of the reporter.

(d) Notwithstanding section 138.163, data maintained under this section by the
commissioners of health and human services must be maintained under the following
schedule and then destroyed unless otherwise directed by federal requirements:

(1) data from reports determined to be false, maintained for three years after the finding
was made;

(2) data from reports determined to be inconclusive, maintained for four years after the
finding was made;

(3) data from reports determined to be substantiated, maintained for seven years after
the finding was made; and

(4) data from reports which were not investigated by a lead investigative agency and for
which there is no final disposition, maintained for three years from the date of the report.

(e) The commissioners of health and human services shall annually publish on their
websites the number and type of reports of alleged maltreatment involving licensed facilities
reported under this section, the number of those requiring investigation under this section,
and the resolution of those investigations. On a biennial basis, the commissioners of health
and human services shall jointly report the following information to the legislature and the
governor:

(1) the number and type of reports of alleged maltreatment involving licensed facilities
reported under this section, the number of those requiring investigations under this section,
the resolution of those investigations, and which of the two lead agencies was responsible;

(2) trends about types of substantiated maltreatment found in the reporting period;

(3) if there are upward trends for types of maltreatment substantiated, recommendations
for addressing and responding to them;

(4) efforts undertaken or recommended to improve the protection of vulnerable adults;

(5) whether and where backlogs of cases result in a failure to conform with statutory
time frames and recommendations for reducing backlogs if applicable;

(6) recommended changes to statutes affecting the protection of vulnerable adults; and

(7) any other information that is relevant to the report trends and findings.

(f) Each lead investigative agency must have a record retention policy.

(g) Lead investigative agencies,new text begin county agencies responsible for adult protective services,new text end
prosecuting authorities, and law enforcement agencies may exchange not public data, as
defined in section 13.02,new text begin with a tribal agency, facility, service provider, vulnerable adult,
primary support person for a vulnerable adult, state licensing board, federal or state agency,
the ombudsman for long-term care, or the ombudsman for mental health and developmental
disabilities,
new text end if the agency or authority deleted text beginrequestingdeleted text endnew text begin providingnew text end the data determines that the data
are pertinent and necessary deleted text beginto the requesting agency in initiating, furthering, or completingdeleted text endnew text begin
to prevent further maltreatment of a vulnerable adult, to safeguard a vulnerable adult, or for
new text end
an investigation under this section. Data collected under this section must be made available
to prosecuting authorities and law enforcement officials, local county agencies, and licensing
agencies investigating the alleged maltreatment under this section. The lead investigative
agency shall exchange not public data with the vulnerable adult maltreatment review panel
established in section 256.021 if the data are pertinent and necessary for a review requested
under that section. Notwithstanding section 138.17, upon completion of the review, not
public data received by the review panel must be destroyed.

(h) Each lead investigative agency shall keep records of the length of time it takes to
complete its investigations.

(i) A lead investigative agency may notify other affected parties and their authorized
representative if the lead investigative agency has reason to believe maltreatment has occurred
and determines the information will safeguard the well-being of the affected parties or dispel
widespread rumor or unrest in the affected facility.

(j) Under any notification provision of this section, where federal law specifically
prohibits the disclosure of patient identifying information, a lead investigative agency may
not provide any notice unless the vulnerable adult has consented to disclosure in a manner
which conforms to federal requirements.

Sec. 8.

Minnesota Statutes 2020, section 626.5571, subdivision 1, is amended to read:


Subdivision 1.

Establishment of team.

A county may establish a multidisciplinary adult
protection team comprised of the director of the local welfare agency or designees, the
county attorney or designees, the county sheriff or designees, and representatives of health
care. In addition, representatives of mental health or other appropriate human service
agencies, representatives from local tribal governments, deleted text beginanddeleted text end adult advocate groupsnew text begin, and any
other organization with relevant expertise
new text end may be added to the adult protection team.

Sec. 9.

Minnesota Statutes 2020, section 626.5571, subdivision 2, is amended to read:


Subd. 2.

Duties of team.

A multidisciplinary adult protection team may provide public
and professional education, develop resources for prevention, intervention, and treatment,
and provide case consultation to the local welfare agency to better enable the agency to
carry out its deleted text beginadult protectiondeleted text end functions under section 626.557 and to meet the community's
needs deleted text beginfor adult protection servicesdeleted text end. Case consultation may be performed by a committee of
the team composed of the team members representing social services, law enforcement, the
county attorney, health care, and persons directly involved in an individual case as determined
by the case consultation committee. Case consultation deleted text beginisdeleted text endnew text begin includesnew text end a case review process that
results in recommendations about services to be provided to the identified adult and family.

Sec. 10.

Minnesota Statutes 2020, section 626.5572, subdivision 2, is amended to read:


Subd. 2.

Abuse.

"Abuse" means:

(a) An act against a vulnerable adult that constitutes a violation of, an attempt to violate,
or aiding and abetting a violation of:

(1) assault in the first through fifth degrees as defined in sections 609.221 to 609.224;

(2) the use of drugs to injure or facilitate crime as defined in section 609.235;

(3) the solicitation, inducement, and promotion of prostitution as defined in section
609.322; and

(4) criminal sexual conduct in the first through fifth degrees as defined in sections
609.342 to 609.3451.

A violation includes any action that meets the elements of the crime, regardless of
whether there is a criminal proceeding or conviction.

(b) Conduct which is not an accident or therapeutic conduct as defined in this section,
which produces or could reasonably be expected to produce physical pain or injury or
emotional distress including, but not limited to, the following:

(1) hitting, slapping, kicking, pinching, biting, or corporal punishment of a vulnerable
adult;

(2) use of repeated or malicious oral, written, or gestured language toward a vulnerable
adult or the treatment of a vulnerable adult which would be considered by a reasonable
person to be disparaging, derogatory, humiliating, harassing, or threatening;new text begin or
new text end

(3) use of any aversive or deprivation procedure, unreasonable confinement, or
involuntary seclusion, including the forced separation of the vulnerable adult from other
persons against the will of the vulnerable adult or the legal representative of the vulnerable
adultdeleted text begin; anddeleted text endnew text begin unless authorized under chapter 245A or 245D or Minnesota Rules, chapter 9544.
new text end

deleted text begin (4) use of any aversive or deprivation procedures for persons with developmental
disabilities or related conditions not authorized under section 245.825.
deleted text end

(c) Any sexual contact or penetration as defined in section 609.341, between a facility
staff person or a person providing services in the facility and a resident, patient, or client
of that facility.

(d) The act of forcing, compelling, coercing, or enticing a vulnerable adult against the
vulnerable adult's will to perform services for the advantage of another.

(e) For purposes of this section, a vulnerable adult is not abused for the sole reason that
the vulnerable adult or a person with authority to make health care decisions for the
vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C or 252A, or section
253B.03 or 524.5-313, refuses consent or withdraws consent, consistent with that authority
and within the boundary of reasonable medical practice, to any therapeutic conduct, including
any care, service, or procedure to diagnose, maintain, or treat the physical or mental condition
of the vulnerable adult or, where permitted under law, to provide nutrition and hydration
parenterally or through intubation. This paragraph does not enlarge or diminish rights
otherwise held under law by:

(1) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an
involved family member, to consent to or refuse consent for therapeutic conduct; or

(2) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct.

(f) For purposes of this section, a vulnerable adult is not abused for the sole reason that
the vulnerable adult, a person with authority to make health care decisions for the vulnerable
adult, or a caregiver in good faith selects and depends upon spiritual means or prayer for
treatment or care of disease or remedial care of the vulnerable adult in lieu of medical care,
provided that this is consistent with the prior practice or belief of the vulnerable adult or
with the expressed intentions of the vulnerable adult.

(g) For purposes of this section, a vulnerable adult is not abused for the sole reason that
the vulnerable adult, who is not impaired in judgment or capacity by mental or emotional
dysfunction or undue influence, engages in consensual sexual contact with:

(1) a person, including a facility staff person, when a consensual sexual personal
relationship existed prior to the caregiving relationship; or

(2) a personal care attendant, regardless of whether the consensual sexual personal
relationship existed prior to the caregiving relationship.

Sec. 11.

Minnesota Statutes 2020, section 626.5572, subdivision 4, is amended to read:


Subd. 4.

Caregiver.

"Caregiver" means an individual or facility who has responsibility
for the care of a vulnerable adult deleted text beginas a result of a family relationship, or who has assumed
responsibility for all or a portion of the care of a vulnerable adult
deleted text end voluntarily, by contract,
or by agreement.

Sec. 12.

Minnesota Statutes 2020, section 626.5572, subdivision 17, is amended to read:


Subd. 17.

Neglect.

deleted text begin "Neglect" means: deleted text end new text begin Neglect means neglect by a caregiver or self-neglect.
new text end

(a)new text begin "Caregiver neglect" meansnew text end the failure or omission by a caregiver to supply a vulnerable
adult with care or services, including but not limited to, food, clothing, shelter, health care,
or supervision which is:

(1) reasonable and necessary to obtain or maintain the vulnerable adult's physical or
mental health or safety, considering the physical and mental capacity or dysfunction of the
vulnerable adult; and

(2) which is not the result of an accident or therapeutic conduct.

(b) deleted text beginThe absence or likelihood of absence of care or services, including but not limited
to, food, clothing, shelter, health care, or supervision necessary to maintain the physical
and mental health of the vulnerable adult
deleted text endnew text begin "Self-neglect" means neglect by a vulnerable adult
of the vulnerable adult's own food, clothing, shelter, health care, or other services that are
not the responsibility of a caregiver
new text end which a reasonable person would deem essential to
obtain or maintain the vulnerable adult's health, safety, or comfort deleted text beginconsidering the physical
or mental capacity or dysfunction of the vulnerable adult
deleted text end.

(c) For purposes of this section, a vulnerable adult is not neglected for the sole reason
that:

(1) the vulnerable adult or a person with authority to make health care decisions for the
vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, or sections
253B.03 or 524.5-101 to 524.5-502, refuses consent or withdraws consent, consistent with
that authority and within the boundary of reasonable medical practice, to any therapeutic
conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical
or mental condition of the vulnerable adult, or, where permitted under law, to provide
nutrition and hydration parenterally or through intubation; this paragraph does not enlarge
or diminish rights otherwise held under law by:

(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an
involved family member, to consent to or refuse consent for therapeutic conduct; or

(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct; or

(2) the vulnerable adult, a person with authority to make health care decisions for the
vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or
prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of
medical care, provided that this is consistent with the prior practice or belief of the vulnerable
adult or with the expressed intentions of the vulnerable adult;

(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or
emotional dysfunction or undue influence, engages in consensual sexual contact with:

(i) a person including a facility staff person when a consensual sexual personal
relationship existed prior to the caregiving relationship; or

(ii) a personal care attendant, regardless of whether the consensual sexual personal
relationship existed prior to the caregiving relationship; or

(4) an individual makes an error in the provision of therapeutic conduct to a vulnerable
adult which does not result in injury or harm which reasonably requires medical or mental
health care; or

(5) an individual makes an error in the provision of therapeutic conduct to a vulnerable
adult that results in injury or harm, which reasonably requires the care of a physician, and:

(i) the necessary care is provided in a timely fashion as dictated by the condition of the
vulnerable adult;

(ii) if after receiving care, the health status of the vulnerable adult can be reasonably
expected, as determined by the attending physician, to be restored to the vulnerable adult's
preexisting condition;

(iii) the error is not part of a pattern of errors by the individual;

(iv) if in a facility, the error is immediately reported as required under section 626.557,
and recorded internally in the facility;

(v) if in a facility, the facility identifies and takes corrective action and implements
measures designed to reduce the risk of further occurrence of this error and similar errors;
and

(vi) if in a facility, the actions required under items (iv) and (v) are sufficiently
documented for review and evaluation by the facility and any applicable licensing,
certification, and ombudsman agency.

(d) Nothing in this definition requires a caregiver, if regulated, to provide services in
excess of those required by the caregiver's license, certification, registration, or other
regulation.

(e) If the findings of an investigation by a lead investigative agency result in a
determination of substantiated maltreatment for the sole reason that the actions required of
a facility under paragraph (c), clause (5), item (iv), (v), or (vi), were not taken, then the
facility is subject to a correction order. An individual will not be found to have neglected
or maltreated the vulnerable adult based solely on the facility's not having taken the actions
required under paragraph (c), clause (5), item (iv), (v), or (vi). This must not alter the lead
investigative agency's determination of mitigating factors under section 626.557, subdivision
9c
, paragraph deleted text begin(c)deleted text endnew text begin (f)new text end.