SF 1888

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; establishing a board of oversight of human services
appeals; amending Minnesota Statutes 2006, section 14.63; proposing coding
for new law in Minnesota Statutes, chapter 245A.

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

Section 1.

Minnesota Statutes 2006, section 14.63, is amended to read:

14.63 APPLICATION.

Any person aggrieved by a final decision in a contested case is entitled to judicial
review of the decision under the provisions of sections 14.63 to 14.68, but nothing in
sections 14.63 to 14.68 shall be deemed to prevent resort to other means of review, redress,
relief, or trial de novo provided by law. A petition for a writ of certiorari by an aggrieved
person for judicial review under sections 14.63 to 14.68 must be filed with the Court of
Appeals and served on the agency not more than 30 days after the party receives the final
decision and order of the agency. new text begin If an aggrieved party requests review by the Board of
Oversight of Human Services Appeals of the commissioner's final order from a contested
case hearing under chapter 245, 245A, 245B, 245C, 252, 253B, 256, 256B, 256C, 256D,
256J, 256L, 257, or 626, a petition for writ of certiorari for judicial review under sections
14.63 to 14.68 must be filed with the Court of Appeals and served on the agency not more
than 30 days after the party receives the final decision from the board. new text end Sections 572.08 to
572.30 govern judicial review of arbitration awards entered under section 14.57.

Sec. 2.

new text begin [245A.086] BOARD OF OVERSIGHT OF HUMAN SERVICES
APPEALS.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The Board of Oversight of Human Services Appeals is
established to provide timely, accessible, multidisciplinary, and comprehensive reviews of
challenges by aggrieved parties to the commissioner's final orders from fair hearings and
contested case hearings under chapter 245, 245A, 245B, 245C, 252, 253B, 256, 256B,
256C, 256D, 256J, 256L, 257, or 626. The board shall review matters recommended from
the Offices of the Ombudsman for Mental Health and Developmental Disabilities, the
Ombudsman for Older Minnesotans, the Ombudsman for Families, and the Ombudsman
for State Managed Health Care Programs. The board shall review actions taken by the
commissioner and county social service agencies in response to individuals' requests
for hearings or an ombudsman's request for review on actions related to sanctions,
disqualifications, service provisions, service reductions, service terminations, case
management determinations, and failure to act or provide services. The board shall
compile and assess data regarding appeals, monitor data for trends, and report to the
legislative committees having jurisdiction over human services. The board shall advise
the legislature, governor, state agencies, and the public on matters pertaining to public
policy and the administration of human services programs, services, and facilities.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) Members of the Board of Oversight of Human Services
Appeals shall be appointed by the governor from a list of candidates nominated by
legislative committees having jurisdiction over human services. Candidates shall be
nominated who are consumers of social services, their legal guardians, or advocates, and
from organizations, offices, or councils representing those that provide or use services
within the human services system. Membership on the board shall include:
new text end

new text begin (1) four consumers, or their legal guardians;
new text end

new text begin (2) an employee of the Office of the Ombudsman for State Managed Health Care
Programs;
new text end

new text begin (3) an employee of the Office of the Ombudsman for Mental Health and
Developmental Disabilities;
new text end

new text begin (4) an employee of the Office of the Ombudsman for Older Minnesotans;
new text end

new text begin (5) an employee of the Office of the Ombudsman for Families;
new text end

new text begin (6) an advocate from the Arc of Minnesota;
new text end

new text begin (7) an advocate from the Parent Advocacy Coalition for Educational Rights
(PACER);
new text end

new text begin (8) an advocate from an organization working with people with physical disabilities;
new text end

new text begin (9) a representative from vendors of services to people with disabilities;
new text end

new text begin (10) a recipient of Temporary Assistance for Needy Families;
new text end

new text begin (11) a representative from the Minnesota Foster Parent Association;
new text end

new text begin (12) a representative from the Minnesota Child Care Association; and
new text end

new text begin (13) a representative from the community at large.
new text end

new text begin (b) Members of the board shall be appointed for three-year terms. Initial
appointments shall be staggered to provide for a schedule of rotation. The term of five
members shall end after one year, and the term of five members shall end after two years.
New members shall be appointed to fill the vacancies.
new text end

new text begin (c) Members of the board shall nominate a chairperson who shall serve a one-year
term. The chair is authorized to sign documents and reports submitted on behalf of the
board.
new text end

new text begin (d) The board shall meet at least twice each month.
new text end

new text begin (e) Members shall be provided a stipend for hearings, training, mileage, and time
spent in preparation for meetings and hearings.
new text end

new text begin Subd. 3. new text end

new text begin Receipt of funds. new text end

new text begin When any person, firm, corporation, or local, state, or
federal government offers the board funds by way of gift or grant to further the purpose
of the board in fulfilling its powers and duties, the board may accept the gift or grant by
majority vote subject to the terms of the offer.
new text end

new text begin Subd. 4. new text end

new text begin Powers of board. new text end

new text begin (a) The board shall receive monthly reports from the
commissioner of human services of all actions that have been referred to the Appeals and
Regulations Division of the Department of Human Services. Each report must be signed
and dated by the commissioner. Each report shall include:
new text end

new text begin (1) the number of actions taken under chapter 245, 245A, 245B, 245C, 252,
253B, 256, 256B, 256C, 256D, 256J, 256L, 257, or 626 that have resulted in adverse
actions, disqualifications, citations, maltreatment determinations, termination of services,
reduction of services, or denial of services;
new text end

new text begin (2) the name and address of each individual affected by an adverse action, the reason
for the adverse action, and whether that individual is seeking reconsideration;
new text end

new text begin (3) the name and address of each county or state employee involved in the decision
to take adverse action;
new text end

new text begin (4) the date of agency determination, date of request for appeal, scheduled date for
each individual's fair hearing or contested case hearing, whether services will continue
pending appeal, date of hearing determination, and if a reconsideration has been requested,
the date of the request, the date of the response to the request including the name and title
of the person responding, and the date of the commissioner's final order including the
name and title of the person signing the order;
new text end

new text begin (5) the name of the referee or administrative law judge presiding at the fair hearing
or the contested case hearing;
new text end

new text begin (6) the name of the individual or the organization representing the appellant at
each hearing;
new text end

new text begin (7) the referee or administrative law judge's recommended order for each hearing;
and
new text end

new text begin (8) the commissioner's final order.
new text end

new text begin (b) The board shall have the power to conduct hearings on appeal from individuals
who have been adversely affected by a final order of the commissioner of human services
or adversely affected by the final determination of a director of a county human services
agency.
new text end

new text begin (c) The board may call for an investigation of an employee or county agency and
may assess a fee for a county human services board to pay for this investigation.
new text end

new text begin (d) The board may call for an investigation of the Department of Human Services
or an employee of the department and may assess a fee to the department to pay for this
investigation.
new text end

new text begin (e) The board may recommend sanctions, including fines, restitution, and dismissal,
against a county or state employee who has willfully violated or misused Minnesota
Statutes or Minnesota Rules that resulted in adverse action being taken against any
individual. The written findings and recommendations shall be submitted to the county
board, the commissioner of human services, or the governor, as appropriate. Copies
shall be sent by certified mail to the employee and immediate supervisor. The board's
findings and recommendations shall be given deference in any administrative action
or civil proceeding conducted in response to the findings and recommendations. If the
board has recommended that restitution be made, it is the responsibility of the person to
whom restitution is to be made to collect the restitution. Actions to collect restitution
may include a civil proceeding in district court or the submission of a claim to the Joint
House/Senate Subcommittee on Claims.
new text end

new text begin Subd. 5. new text end

new text begin Hearings. new text end

new text begin (a) The board shall have the power to take appeals from
individuals who have been adversely affected within the past ten years by:
new text end

new text begin (1) a final order of the commissioner of human services;
new text end

new text begin (2) a final determination of a director of a county human services agency; or
new text end

new text begin (3) by the commissioner's or director's refusal to enter into the appeals or conciliation
process. The request for appeal may come from the aggrieved person, the person's legal
guardian, an advocacy organization representing the person, the Office of the Ombudsman
for Mental Health and Developmental Disabilities, the Office of the Ombudsman for Older
Minnesotans, the Office of the Ombudsman for Families, or the Office of the Ombudsman
for State Managed Health Care Programs.
new text end

new text begin (b) An aggrieved party shall access the board's appeals process by submitting a
written request for review and a sworn affidavit of the facts. If the board determines it has
authority to hear the appeal it shall, within 30 days, issue the petitioner and the opposing
party an invitation to proceed providing notice of the date, time, and place of the hearing.
new text end

new text begin (1) within 20 days of the receipt of the invitation to proceed, the petitioner shall
supply the board with two copies of the documents the petitioner submitted to the referee
or administrative law judge in the prior proceedings, one copy of the recommended order
from the referee or administrative law judge, and any other written relevant documentation
to support the petitioner's claim.
new text end

new text begin (2) the petitioner shall send copies of the information required in clause (1) to the
commissioner or county social services director by certified mail or deliver by personal
service no later than ten days prior to the date of the hearing.
new text end

new text begin (c) The commissioner or county social services director shall send the board and
the petitioner a summary of the agency's position along with documentation used to
support the commissioner's final order or final determination within 20 days of receipt of
the invitation to proceed.
new text end

new text begin (d) Members of the board shall review the documentation submitted by both parties
prior to the hearing.
new text end

new text begin (e) Personal appearance is required of the parties.
new text end

new text begin (f) The board will hear testimony. It will not accept written documentation beyond
the submission deadline.
new text end

new text begin (g) Within seven days of the hearing, the board shall submit its written findings,
conclusions, and recommendations to the petitioner, the commissioner, the county
social services director, the petitioner's elected state representative or senator, and
to the legislative committees having jurisdiction over human services. The board's
recommendation may uphold, modify, or reverse the commissioner's final order of the
director's final determination under the following conditions:
new text end

new text begin (1) if the commissioner's final order or director's final determination is upheld, the
petitioner may file for judicial review according to statutory procedures for appeal;
new text end

new text begin (2) if the commissioner's final order or the director's final determination is modified,
the commissioner or director cannot appeal the decision; the petitioner may file for judicial
review according to statutory procedures for appeal; or
new text end

new text begin (3) if the commissioner's final order or the director's final determination is reversed,
the decision cannot be appealed.
new text end

new text begin Subd. 6. new text end

new text begin Duties of board. new text end

new text begin (a) The board shall submit a report to the house and
senate committees having jurisdiction over human services policy no later than January
30 and July 30 each year. Each report shall include a summary of the board's findings
from the commissioner's reports under subdivision 4, paragraph (a), and the results of the
hearings conducted during the preceding six months.
new text end

new text begin (b) The report required under paragraph (a) shall also include the number of
hearings held during the preceding six months; the number of commissioner's orders
upheld, modified, or reversed; a brief summary of the reasons for each decision; a list
of recommendations made under subdivision 4, paragraphs (c) to (e); trends in actions
being appealed; compliance with statutes; recommendations for legislative action; and
recommendations on needed oversight for the commissioner or any county human
services agency.
new text end

new text begin Subd. 7. new text end

new text begin Training; education. new text end

new text begin (a) Members of the board shall complete at least four
hours of training each quarter. Training, at no cost, may be provided by the Department
of Human Services, legislative members, the Office of the Attorney General, or by other
professionals or peers with knowledge and experience in human services.
new text end

new text begin (b) Employees of county human services agencies and the Department of Human
Services shall participate in training regarding the purpose, accessibility, duties, and
authority of the board.
new text end

new text begin (c) Training programs and information brochures shall be provided to vendors of
human services programs regarding the establishment, purpose, accessibility, duties,
and authority of the board.
new text end