SF 1170

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/06/2012 02:55pm

A bill for an act
relating to human services; requiring a conference in case management and
personal care assistance appeals; amending Minnesota Statutes 2010, section
256.045, subdivision 4a.

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

Section 1.

Minnesota Statutes 2010, section 256.045, subdivision 4a, is amended to
read:

Subd. 4a.

Case management appeals.

new text begin (a) new text end Any recipient of case management
services pursuant to section 256B.092, who contests the county agency's action or failure
to act in the provision of those new text begin case management new text end services, other than a failure to act with
reasonable promptness or a suspension, reduction, denial, or termination of services,
deleted text begin must deleted text end new text begin may new text end submit a written request for a deleted text begin conciliation deleted text end conference new text begin with the recipient's
case worker and the county lead agency director or designee new text end to the county agency new text begin , and
must mail a copy of their request to the department at the same time they file it with the
county agency. The filing with the department shall constitute an appeal for a fair hearing
under this section. The department may hear and decide the appeal without regard to the
request for a conference new text end .

new text begin (b) new text end The county agency shall inform the commissioner of the receipt of a request when
it is submitted and shall schedule a deleted text begin conciliation deleted text end conference. The county agency shall notify
the recipient, the commissioner, and all interested persons of the time, date, and location
of the deleted text begin conciliation deleted text end conference new text begin to be held in person, by telephone, or by electronic media new text end .
deleted text begin The commissioner may assist the county by providing mediation services or by identifying
other resources that may assist in the mediation between the parties. deleted text end Within 30 days new text begin after
the conference has been held new text end , the county agency shall deleted text begin conduct the conciliation conference
and deleted text end inform the recipient in writing of the action the county agency is going to take and
when that action will be taken deleted text begin and notify the recipient of the right to a hearing under this
subdivision. The conciliation conference shall be conducted in a manner consistent with
the commissioner's instructions deleted text end . If the county fails to conduct the conciliation conference
and issue its report within 30 days deleted text begin , or, at any time up to 90 days after the conciliation
conference is held, a recipient may submit to the commissioner a written request for a
hearing before a state human services referee to determine whether case management
services have been provided in accordance with applicable laws and rules or whether the
county agency has assured that the services identified in the recipient's individual service
plan have been delivered in accordance with the laws and rules governing the provision
of those services deleted text end new text begin and the recipient's appeal has not yet been heard under this section, the
recipient may file a request for an order directing the county agency to comply with their
obligation to schedule and hold the conference and issue a notice of its intended action
regarding case management services in accordance with this subdivision new text end . The state human
services referee shall recommend an order to the commissioner, who shall, in accordance
with the procedure in subdivision 5, issue a final order within 60 days of the receipt of the
request for a hearing, unless the commissioner refuses to accept the recommended order, in
which event a final order shall issue within 90 days of the receipt of that request. The order
may direct the county agency to take those actions necessary to comply with applicable
laws or rules. The commissioner may issue a temporary order prohibiting the demission of
a recipient of case management services from a residential or day habilitation program
licensed under chapter 245A, while a county agency review process or an appeal brought
by a recipient under this subdivision is pending, or for the period of time necessary for
the county agency to implement the commissioner's order. The commissioner shall not
issue a final order staying the demission of a recipient of case management services from a
residential or day habilitation program licensed under chapter 245A.