Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1983, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1983
CHAPTER 312--S.F.No. 1234
An act relating to the organization and operation of
state government; appropriating money for welfare,
corrections, health, and other purposes with certain
conditions; providing appropriations for the
departments of public welfare, economic security,
corrections, health, sentencing guidelines commission,
corrections ombudsman, and health related boards;
providing an entitlement to certain child care
services; increasing marriage license and dissolution
fees; providing for distribution of federal maternal
and child health block grant money; requiring cost
increase limits and other cost containment measures in
medical care programs; amending eligibility standards;
changing general assistance to allow employment
through grant diversion and work registration
requirements, and federal benefit application
incentives; providing for job training for certain
persons; allowing for certain changes in the services
for the mentally retarded; amending Minnesota Statutes
1982, sections 13.46, subdivision 2; 15.61; 129A.03;
144.653, subdivision 2; 144A.04, subdivision 5;
144A.10, subdivision 2; 145.881; 145.882; 145.921,
subdivision 1; 245.62; 245.66; 245.83; 245.84,
subdivisions 1, 2, and 5; 245.85; 245.86; 245.87;
246.57, by adding a subdivision; 251.011, subdivision
6; 252.24, subdivision 1; 252.28; 256.01, subdivision
2; 256.045, subdivision 3; 256.82, by adding a
subdivision; 256.966, subdivision 1; 256.967; 256.968;
256B.02, subdivision 8; 256B.04, subdivision 14, and
by adding a subdivision; 256B.041, subdivisions 2 and
5; 256B.06, subdivision 1; 256B.061; 256B.064,
subdivision 1a; 256B.07; 256B.14, subdivision 2;
256B.17, subdivision 4, and by adding subdivisions;
256B.19, by adding a subdivision; 256B.27,
subdivisions 3 and 4; 256D.01, subdivision 1; 256D.02,
subdivision 4, and by adding a subdivision; 256D.03,
subdivisions 3, 4, and by adding subdivisions;
256D.05, subdivision 1a; 256D.06, subdivision 5;
256D.09, subdivision 2, and by adding a subdivision;
256E.06, subdivision 2, and by adding a subdivision;
260.191, subdivision 2; 260.242, subdivision 2;
261.23; 268.12, subdivision 12; 357.021, subdivisions
2 and 2a; 401.14, by adding a subdivision; 401.15,
subdivision 1; 517.08, subdivisions 1b and 1c; Laws
1982, chapter 614, section 13; proposing new law coded
in Minnesota Statutes, chapters 145; 252; 256; 256B;
256D; and 268; repealing Minnesota Statutes 1982,
sections 256D.02, subdivision 14; 256D.05, subdivision
1a; 256D.06, subdivision 1a; Laws 1981, chapter 323,
section 4; chapter 360, article II, section 54, as
amended; and the section proposed to be coded as
section 471.365 contained in a bill styled as H.F. No.
1290 during the 1983 regular legislative session.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
Section 1. [WELFARE, CORRECTIONS, HEALTH; APPROPRIATIONS.]
The sums set forth in the columns designated
"APPROPRIATIONS" are appropriated from the general fund, or any
other fund designated, to the agencies and for the purposes
specified in the following sections of this act, to be available
for the fiscal years indicated for each purpose. The figures
"1984," and "1985," wherever used in this act, mean that the
appropriation or appropriations listed thereunder shall be
available for the year ending June 30, 1984, or June 30, 1985,
respectively.
SUMMARY BY FUND
1984 1985 TOTAL
General $958,190,700 $939,228,200 $1,897,418,900
Trunk Highway $ 386,000 $ 389,700 $ 775,700
Total $958,576,700 $939,617,900 $1,898,194,600
APPROPRIATIONS
Available for the Year
Ending June 30,
1984 1985
Sec. 2. COMMISSIONER OF
PUBLIC WELFARE
Subdivision 1. Total Department
Appropriation $738,072,000 $807,888,100
The amounts that may be expended from
this appropriation for each program and
activity are more specifically
described in the following subdivisions
of this section.
Positions and administrative money may
be transferred within the department of
public welfare as deemed necessary by
the commissioner, upon the advance
approval of the commissioner of finance.
Subd. 2. Welfare Management 1,334,000 1,342,800
Estimated federal money to be deposited
in the general fund that is earned by
the various accounts of the department
of public welfare is detailed on the
worksheets of the conferees of the
senate and house of representatives, a
true copy of which is on file in the
office of the commissioner of finance.
If federal money anticipated is less
than shown on the official worksheets,
the commissioner of finance shall
reduce the amount available from the
specific appropriation by a like
amount. The reductions shall be noted
in the budget document submitted to the
74th legislature in addition to an
estimate of similar federal money
anticipated for the 1985-1987 biennium.
Subd. 3. Support Services 9,537,500 9,749,700
The provisions of section 256D.22 are
suspended for the biennium ending June
30, 1985.
Subd. 4. Social Services 67,233,400 70,341,300
The amounts that may be expended from
this appropriation for each activity
are as follows:
Community Social Services Subsidies
$54,862,200 $57,775,100
Effective January 1, 1984, the
commissioner of public welfare shall
include in the community social service
subsidies, the money authorized by this
appropriation for purposes of providing
semi-independent living services
pursuant to 12 MCAR 2.023. In calendar
years 1984 and 1985, the county board
shall not reduce the funding provided
in calendar year 1983 for community
services for the mentally retarded as
authorized in the official worksheets
of the house and senate conference
committee for Laws 1981, chapter 360,
except the amount of money for mentally
retarded persons eligible for medical
assistance.
Notwithstanding the provisions of
chapter 256E, a county board may
delegate to a county welfare board
established pursuant to Minnesota
Statutes, chapter 393, authority to
provide or approve contracts for the
purchase of the kinds of community
social services that were provided or
contracted for by the county welfare
boards prior to the enactment of Laws
1979, chapter 324. Designation of the
method for providing citizen
participation in the planning process,
final approval of the community social
services plan and the distribution of
community social services money shall
be the responsibility of the county
board.
The payments for the community social
services subsidy for each county shall
be based upon the formula in effect for
calendar year 1983. In addition the
amount available for each county shall
be increased by five percent on January
1, 1984 for calendar year 1984 and by
five percent on January 1, 1985 for the
first six months of 1985. No county
shall receive less than the amount
received in 1981; however, this
appropriation shall be prorated if the
amount is insufficient.
Aging, Blind, and Deaf Services
$ 6,517,000 $ 6,546,500
Social Services Support
$ 5,854,200 $ 6,019,700
This appropriation includes the sum of
$30,000 in fiscal year 1984 for the
purpose of providing a grant-in-aid to
The Bridge for Runaway Youth, Inc. for
expenses related to a program which
offered support for teenage women who
wish to stop their involvement in
prostitution and short-term residence
and support for teenage runaways.
This is the final and nonrecurring
appropriation for The Bridge for
Runaway Youths, Inc.
Subd. 5. Income Maintenance 484,668,800 552,503,000
The amounts that may be expended from
this appropriation for each activity
are as follows:
Aid to Families with Dependent Children,
General Assistance, Minnesota
Supplemental Assistance
$139,349,000 $153,970,600
If the appropriation for aid to
families with dependent children,
general assistance, and Minnesota
supplemental assistance is insufficient
for either year, the appropriation for
the other year shall be available by
direction of the governor after
consulting with the legislative
advisory commission.
During the biennium ending June 30,
1985, the commissioner of public
welfare shall provide supplementary
grants, not to exceed $150,000 per
year, for aid to families with
dependent children and shall include
the following costs in determining the
amount of the supplementary grants:
major home repairs, repair of major
home appliances, utility recaps,
supplementary dietary needs not covered
by medical assistance, and replacement
of essential household furnishings and
essential major appliances.
In determining the amount of the aid to
families with dependent children
grants, the commissioner of public
welfare shall effect a five percent
increase on July 1, 1983, and a five
percent increase on July 1, 1984,
unless federal statute or regulation
requires otherwise.
Medical Assistance, General Assistance
Medical Care and Preadmission Screening
$330,651,400 $383,554,100
Notwithstanding any law requiring
deposit of receipts in the general
fund, all receipts from collection
efforts for the state hospitals and
state nursing homes shall be deposited
in the medical assistance account and
are appropriated for that purpose. The
commissioner shall make changes in the
departmental financial reporting
systems and internal accounting
procedures as necessary to ensure
compliance with federal standards for
reimbursement for program and
administrative expenditures and to
fulfill the purpose of this paragraph.
The maximum monthly payment for
attendant care shall be adjusted to
$1,080 per month effective July 1, 1983.
If the appropriation for medical
assistance and general assistance
medical care is insufficient for either
year, the appropriation for the other
year shall be available by direction of
the governor after consulting with the
legislative advisory commission.
The catastrophic health expense
protection program is suspended for the
fiscal year ending June 30, 1984.
To determine eligibility for medical
assistance the commissioner shall
disregard: (1) from July 1 to December
31, 1983, 23 percent; (2) from January
1 to December 31, 1984, 25 percent; and
(3) from January 1 to June 30, 1985, 28
percent of the income from retired,
survivor's, and disability insurance
benefits, veterans' administration
benefits, and railroad retirement
benefits. If this disregard is
disallowed by the federal government
and the waiver application denied, the
commissioner shall disregard the
increase for social security and
supplemental security income recipients
as provided under Minnesota Statutes
1982, section 256B.06, subdivision 1,
paragraph 10.
Income Maintenance Support
$ 14,668,400 $ 14,978,300
For the child support enforcement
activity, during the biennium ending
June 30, 1985, sums received from the
counties for providing data processing
services shall be deposited in that
activity's account. Those sums are
appropriated to the commissioner of
public welfare for the purposes of the
child support enforcement activity.
In determining the income contribution
of parents of children in out-of-home
placement, the state agency shall use
the standard set forth in 12 MCAR 2.027
until the promulgation of the rules
required by section 256B.14,
subdivision 2.
Subd. 6. Mental Health 175,298,300 173,951,300
Any federal money received in excess of
the estimates shown in the 1983
department of public welfare budget
document shall reduce the state
appropriation available by a like
dollar amount, unless otherwise
directed by the governor, after he has
consulted with the legislative advisory
commission.
The amounts that may be expended from
this appropriation for each activity
are as follows:
State Hospitals
Approved Complement - 5447
Salaries
$127,700,000 $128,100,000
Of the 110 additional positions
authorized under this appropriation, at
least 55 shall be human services
technician positions. Human services
technician positions shall not be
converted to other positions.
Current Expense
$ 14,900,000 $ 15,500,000
Repairs and Betterments
$ 2,088,900
Special Equipment
$ 639,800
Nursing Homes
Approved Complement
July 1, 1983 July 1, 1984
616.5 605.5
Salaries
$13,900,000 $13,664,900
This appropriation includes $242,700 in
fiscal year 1984 for the purpose of
operating an experimental project for
chronically chemically dependent people
at Ah Gwah Ching state nursing home.
The commissioner of public welfare
shall augment the program with federal
money and any additional money provided
through shared service agreements
pursuant to Minnesota Statutes 1982,
section 246.57, after the amount of the
state appropriation has been recovered
and deposited in the medical assistance
account.
The commissioner shall maintain records
of the operations of this project,
evaluate the efficiency and
effectiveness of the treatment program,
and report back to the legislature
during the 1984 session on the amount
deposited to the medical assistance
account from the shared service
agreements and the necessity and
viability of operating this project in
the future.
Current Expense
$ 1,950,000 $ 2,050,000
Repairs and Betterments
$ 224,100
Special Equipment
$ 69,400
Mental Health Support
$13,826,100 $14,636,400
Any unexpended balance remaining in the
first year for special equipment and
repairs and betterments does not cancel
but is available for the second year of
the biennium.
If earnings under the various shared
services agreements authorized are less
than appropriated, the appropriation
shall be reduced by a like dollar
amount. If any shared service
agreement is reduced or terminated, the
approved complement related to that
shared service agreement shall be
reduced accordingly.
Notwithstanding the provisions of
sections 275.50 to 275.58 or any other
law to the contrary, a county which
transferred monies from its general
revenue account to the public
assistance administrative account prior
to May 1, 1983, to cover 1983
expenditures, may transfer without
penalty from the special levy accounts
delineated in section 275.50,
subdivision 5, clauses (c) and (d), to
the account for public assistance
administration, an amount not to exceed
the total amount originally transferred
from the general revenue account. The
transfer of this sum may occur over a
period of time to include calendar
years 1983, 1984, and 1985.
Sec. 3. COMMISSIONER OF ECONOMIC
SECURITY
Subdivision 1. Total
Department Appropriation 113,835,400 25,205,200
The amounts that may be expended from
this appropriation for each program are
more specifically described in the
following subdivisions of this section.
Subd. 2. Jobs Program
$ 70,000,000
Any unexpended balance remaining in the
first year for the Minnesota emergency
employment development program does not
cancel but is available for the second
year of the biennium. To the extent
permissible under federal and state
law, the commissioner shall use money
available from the federal government
and the private sector to fund the
program.
Subd. 3. Special Allowances
$ 19,000,000
Any unexpended balance remaining in the
first year for special allowances does
not cancel but is available for the
second year of the biennium.
Subd. 4. Job Service
$ 4,634,900 $ 3,134,900
The commissioner may expend up to one
percent of the appropriation for each
fiscal year for the department's
administrative costs and for program
operators' administrative costs.
Of the money appropriated for the
summer youth program for fiscal year
1984, $750,000 is immediately
available. If that amount is
insufficient for the costs incurred, an
additional amount may be transferred
upon the advance approval of the
commissioner of finance. Any
unexpended balance of the immediately
available money shall be available for
the year in which it is appropriated.
Contracts for the calendar year 1983
program shall be written for the entire
period of the calendar year 1983
program.
Subd. 5. Vocational Rehabilitation Services
$15,063,100 $16,428,300
Money received from workers'
compensation carriers for vocational
rehabilitation services to injured
workers shall be deposited in the
general fund.
Long-term sheltered workshops that
receive funding through the department
of economic security for long-term
sheltered work operations shall: (a)
provide sheltered workers a grievance
procedure having final and binding
arbitration before a neutral third
party mutually acceptable to the
parties involved as the final step; (b)
provide long-term sheltered workers
with fundamental personnel benefits
including, but not limited to, paid
sick, vacation, and holiday leave; and
(c) provide to workers wages certified
pursuant to the sub-minimum wage
provisions of the Fair Labor Standards
Act, United States Code, title 29,
sections 201 to 219, as amended through
December 31, 1982, that are
proportionately commensurate to
prevailing wages in the vicinity for
similar jobs. Beginning in January,
1984, the commissioner of economic
security shall annually provide a
report to the chairs of the house
appropriations and senate finance
committees on the operation of the
long-term sheltered workshops including
information on compliance with these
requirements.
Subd. 6. Training and Community Services
$4,587,400 $5,642,000
If the appropriation for either year of
the weatherization program is
insufficient, the appropriation from
the other year is available for the
program.
Subd. 7. Program and
Management Support
$ 550,000
The appropriation for the displaced
homemaker program includes money for
the purpose of making grants to
programs to provide employment,
training, and support services to
displaced homemakers.
This appropriation includes $550,000
for article 6, for the biennium. Any
unexpended balance remaining in the
first year does not cancel, but is
available for the second year.
Sec. 4. COMMISSIONER OF
CORRECTIONS
Subdivision 1. Total Department
Appropriation 78,253,200 79,205,900
The amounts that may be expended from
the appropriation for each program and
activity are more specifically
described in the following subdivisions
of this section.
Positions and administrative money may
be transferred within the department of
corrections as deemed necessary by the
commissioner, upon the advance approval
of the commissioner of finance.
Subd. 2. Management Services 1,865,500 1,888,000
No new positions eligible for county
probation reimbursement under this
activity shall be added by any county
without the written approval of the
commissioner of corrections.
When new positions are approved, the
commissioner shall include the cost of
those positions in calculating each
county's share.
The commissioner of corrections,
working with other appropriate state
agencies and legislative staff, shall
evaluate and study the feasibility of
encouraging the private sector to
construct a women's correctional
facility at Shakopee to be leased by
the state of Minnesota with an option
to purchase after an agreed upon period
of years. This report shall include a
comparative study of the fiscal
implications of a leased/purchased plan
versus the traditional construction
approach utilizing the bonding
process. The commissioner may submit
requests for proposals to develop the
necessary information required to make
the comparative study. The new
proposed facility must be designed to
meet the program needs of the
commissioner of corrections.
The commissioner shall report his
findings to the chairs of the
appropriate legislative committees in
January, 1984.
Subd. 3. Policy and Planning 1,368,700 1,505,100
Subd. 4. Community Services 21,076,100 20,239,300
The amounts that may be expended from
this appropriation for each activity
are as follows:
Support
$ 8,506,300 $ 8,717,000
Community Corrections Act
$12,569,800 $11,522,300
Notwithstanding the provisions of
chapter 401, no county or group of
counties participating in the community
corrections act shall be charged any
per diem cost of confinement for adults
sentenced to the commissioner of
corrections for crimes committed on or
after January 1, 1981.
The commissioner of corrections may
authorize the use of a percentage of a
grant for the operation of an emergency
shelter or make a separate grant for
the rehabilitation of any facility
owned by the grantee and used as a
shelter to bring the facility into
compliance with state and local laws
pertaining to health, fire, and safety
and to provide security.
Subd. 5. Correctional
Institutions 53,942,900 55,573,500
Salaries
$41,392,100 $42,541,800
Current Expense
$ 8,575,700 $ 8,986,400
Repairs and Betterments
$ 569,600 $ 531,100
Special Equipment
$ 171,200 $ 180,100
Any unexpended balances in special
equipment, and repairs and betterments,
and industry remaining in the first
year does not cancel but is available
for the second year of the biennium.
Notwithstanding section 15.059,
subdivisions 5 and 6 or any other law
to the contrary, the advisory task
force on battered women established
under Minnesota Statutes 1982, section
241.64, and the advisory task force on
the woman offender established under
Minnesota Statutes 1982, section 241.71
are continued in effect for the
biennium ending June 30, 1985.
The commissioner of corrections is
authorized to enter into an agreement
with the appropriate Wisconsin
officials for housing Wisconsin
prisoners in Minnesota correctional
institutions. Money received from
Wisconsin pursuant to the contract is
appropriated to the commissioner of
corrections for the purpose of
operating MCF-Oak Park Heights and
reimbursing MCF-Stillwater and MCF-St.
Cloud for the cost of Wisconsin inmate
care. Any unexpended balances within
correctional institutions in current
expense and salaries remaining in the
first year does not cancel but is
available for the second year of the
biennium if receipt projections in the
first year show a deficit for the
biennium.
Institution Support
$3,234,300 $3,334,100
Sec. 5. SENTENCING GUIDELINES
COMMISSION
Salaries, Supplies, and Expense 154,000 145,000
Sec. 6. CORRECTIONS OMBUDSMAN
Salaries, Supplies, and Expense 270,000 272,100
Sec. 7. COMMISSIONER OF HEALTH
Subdivision 1. Total Department
Appropriation 25,002,600 24,685,900
Of this appropriation $386,000 for
fiscal year 1984 and $389,700 for
fiscal year 1985 are appropriated from
the trunk highway fund for emergency
medical services activities.
The amounts that may be expended from
this appropriation for each program and
activity are more specifically
described in the following subdivisions
of this section.
Positions and administrative money may
be transferred within the department of
health as deemed necessary by the
commissioner, upon the advance approval
of the commissioner of finance.
Notwithstanding the provisions of
section 144.145, the commissioner of
health may enter into an agreement with
the city of Brainerd to provide an
alternate dental health plan. If the
commissioner, in consultation with the
governor, approves the plan and the
city provides the plan in accordance
with the agreement, the city of
Brainerd is exempt from the provisions
of section 144.145 for the duration of
the agreement.
Subd. 2. Preventive and Personal
Health Services 8,827,200 9,205,100
Notwithstanding any law to the
contrary, the commissioner of health
shall charge a fee of not less than $5
for medical laboratory services.
The commissioner of health may charge a
fee for voluntary certification of
medical laboratories and environmental
laboratories. The fee may be
established without complying with
chapter 14.
The commissioner of health may charge
fees for environmental and medical
laboratory services in amounts
approximately equal to the costs of
providing the services. The fees may
be established without complying with
chapter 14.
The commissioner of health shall
conduct a study and evaluation of lead
exposure and the health effects on
children. The commissioner shall
report the findings of the study to the
legislature by February 1, 1984.
Subd. 3. Health Systems Quality
Assurance 1,930,600 1,947,900
The commissioner of health shall
require a fee of $1,000 prior to
undertaking a study of a human service
occupation under section 214.13.
The fee shall be imposed on an
applicant group at the time the
application is filed with the
commissioner. The fee shall be
deposited to the general fund and if
the application is accepted it is not
refundable.
Subd. 4. Health Support
Services 14,244,800 13,532,900
The amounts that may be expended from
this appropriation for each activity
are as follows:
General support
$ 3,362,100 $ 3,414,100
Community Health Services Subsidy
$10,882,700 $10,118,800
For the purposes of the community
health services subsidy, the
commissioner of finance may authorize
the transfer of money to the community
health services activity from the other
programs in this section.
The payments for the community health
services subsidy for each county shall
be based upon the formula in effect in
fiscal year 1983 except that the amount
available for each county shall be
increased by five percent each year of
the biennium ending June 30, 1985, and
be based upon the data used in arriving
at the appropriation.
No county, city, group of cities, or
group of counties shall receive less
than the amount received in 1981;
however, this appropriation shall be
prorated if the amount is insufficient.
If the appropriation for community
health services or services to children
with handicaps is insufficient for
either year, the appropriation for the
other year shall be available by
direction of the governor after
consulting with the legislative
advisory commission.
For the purposes of the community
health services subsidy, the
commissioner shall include public
school swimming pool sanitation and
safety within the definition of
environmental health services.
Sec. 8. HEALTH RELATED BOARDS
Subdivision 1. Board of Chiropractic
Examiners 87,900 89,400
Subd. 2. Board of Dentistry 256,700 263,500
Subd. 3. Board of Medical
Examiners 421,300 414,300
Subd. 4. Board of Nursing 766,400 783,100
Subd. 5. Board of Examiners for
Nursing Home Administrators 105,500 107,400
Subd. 6. Board of Optometry 48,300 49,600
Subd. 7. Board of Pharmacy 327,900 327,400
Subd. 8. Board of Podiatry 5,800 6,000
Subd. 9. Board of Psychology 104,000 107,200
Subd. 10. Board of Veterinary
Medicine 65,700 67,800
The commissioner of finance shall not
permit the allotment, encumbrance, or
expenditure of any money appropriated
in this section in excess of the
anticipated biennial revenues from fees
collected by the boards.
Neither this provision nor section
214.06 shall apply to transfers from
the general contingent account, if the
amount transferred does not exceed the
amount of surplus revenue accumulated
during the previous five years.
Sec. 9. CONTINGENT FOR STATE
INSTITUTIONS 500,000
This appropriation shall be used for
emergency purposes and for the purchase
of food, clothing, drugs, utilities,
and fuel for any of the institutions
for which an appropriation is made in
this act. No expenditure shall be made
from this appropriation without the
direction of the governor after
consultation with the legislative
advisory commission.
Any unexpended balance remaining in the
first year does not cancel but is
available for the second year of the
biennium.
The allowance for food may be adjusted
annually according to the United States
department of labor, bureau of labor
statistics publication wholesale price
index, upon the approval of the
governor. Adjustments shall be based
on the June, 1983, wholesale food price
index, but the adjustment shall be
prorated if the wholesale food price
index adjustment would require money in
excess of this appropriation.
Sec. 10. SPECIAL CONTINGENT 300,000
This appropriation is available for use
by the commissioner of public welfare
to match federal money from the home
and community based waiver under United
States Code, title 42, section
1396n(c), as amended through December
31, 1982, for costs to establish a
client information system and for
positions to administer the mental
retardation program. This
appropriation shall only be expended
with the governor's approval after
consultation with the legislative
advisory commission under section
3.30. This money is not available to
the commissioner if the home and
community based waiver application is
not approved by June 30, 1984.
Sec. 11. [FEDERAL RECEIPTS.]
For the fiscal biennium ending June 30, 1985 federal
receipts as shown in the biennial budget document or in working
papers of the two appropriations committees to be used for
financing activities, programs, and projects under the
supervision and jurisdiction of the commissioner of public
welfare as approved indicated in Article 1, section 10 and
Article 5, section sections 9 and 12 shall be accredited to and
become a part of the appropriations provided for in section 2.
Sec. 12. [PROVISIONS.]
For the biennium ending June 30, 1985, money appropriated
to the commissioner of corrections and the commissioner of
public welfare under this act for the purchase of provisions
within the item "current expense" shall be used solely for that
purpose. Any money so provided and not used for purchase of
provisions shall be canceled into the fund from which
appropriated, except that money so provided and not used for the
purchase of provisions because of population decreases may be
transferred and used for the purchase of medical and hospital
supplies with the approval of the governor after consulting with
the legislative advisory commission.
Sec. 13. [TRANSFERS OF MONEY.]
Subdivision 1. [GOVERNOR'S APPROVAL REQUIRED.] For the
biennium ending June 30, 1985, the commissioner of public
welfare, the commissioner of corrections, the commissioner of
economic security, and the commissioner of health shall not
transfer any money to or from the object of expenditure personal
services to or from the object of expenditure claims and grants,
as shown on the official worksheets of the conferees of the
senate and house of representatives, a true copy of which is on
file in the office of the commissioner of finance, except as
provided in article 8, section 16 and for services for the blind
and for those transfers that have the written approval of the
governor after consulting with the legislative advisory
commission.
Subd. 2. [TRANSFERS OF UNOBLIGATED APPROPRIATIONS.] For
the biennium ending June 30, 1985, the commissioners of public
welfare, corrections, and health by direction of the governor
after consulting with the legislative advisory commission may
transfer unobligated appropriation balances and positions among
all programs.
Sec. 14. [APPROVED COMPLEMENT.]
For the biennium ending June 30, 1985, the approved
complements indicated in this act are full-time equivalent
positions and apply only to positions paid for with money
appropriated by this act.
Additional employees over the number of the approved
complement may be employed on the basis of public necessity or
emergency with the written approval of the governor, but the
governor shall not approve the additional personnel until he has
consulted with the legislative advisory commission. Any
requests for increases in the approved complement shall be
forwarded to the appropriate committees on finance of the
legislature not less than 30 days prior to the legislative
advisory commission meeting.
Sec. 15. Minnesota Statutes 1982, section 129A.03, is
amended to read:
129A.03 [POWERS AND DUTIES.]
The commissioner shall:
(a) Develop and administer the long-term sheltered
workshops and work activity programs and perform the duties as
specified in section 129A.08;
(b) Provide vocational rehabilitation services such as, but
not limited to,: diagnostic and related services incidental to
the determination of eligibility for services to be provided,
which services may include including medical diagnosis and
vocational diagnosis; vocational counseling, training and
instruction, including personal adjustment training; physical
restoration, including corrective surgery, therapeutic
treatment, hospitalization and prosthetic devices, all of which
shall be secured obtained from appropriate established agencies;
transportation; occupational and business licenses or permits,
customary tools and equipment, maintenance, books, supplies and
training materials; initial stocks and supplies; placement; the
acquisition of vending stands or other equipment, initial stocks
and supplies for small business enterprises; supervision and
management of small business enterprises, merchandising programs
or services rendered by severely disabled persons; the
establishment, improvement, maintenance or extension of public
and other non-profit rehabilitation facilities, centers,
workshops, demonstration projects and research. These services
shall be provided for handicapped persons in the state whose
capacity to earn a living has in any way been destroyed or
impaired through industrial accident or otherwise, provided that
such; these persons shall be are entitled to free choice of
vendor for any medical or dental services thus provided under
this paragraph;
(c) Formulate plans of cooperation with the commissioner of
labor and industry with reference to for providing services to
workers covered under the workers' compensation act. Those
plans shall be are effective only when if approved by the
governor;
(d) Maintain a contractual relationship with the United
States as authorized by the act of congress approved September
1, 1954, known as the "Social Security Amendments of 1954,"
being Public Law 761, Section 221, and the act approved October
30, 1972, known as the Social Security Amendments of 1972, being
Public Law 92-603, and subsequent amendments thereto, in which
agreement. Under the contract, the state will undertake to make
determinations referred to in those public laws with respect to
all individuals in Minnesota, or with respect to such a class or
classes of individuals in this state as may be that is
designated in the agreement at the state's request, it being. It
is the purpose of this relationship to permit the citizens of
this state to obtain all benefits available under federal law;
(e) Provide an in-service training program for department
employees by paying for the its direct costs thereof with state
and federal funds;
(f) Conduct research and demonstration projects; provide
training and instruction, including the establishment and
maintenance of research fellowships and traineeships, along with
all necessary stipends and allowances; disseminate information
to the handicapped and general public; and provide technical
assistance relating to vocational rehabilitation;
(g) Receive and disburse pursuant to law funds money and
gifts available from governmental and private sources for the
purpose of vocational rehabilitation;
(h) Design all state plans of vocational rehabilitation
services required as a condition to the receipt and disbursement
of any funds money available from the federal government;
(i) Cooperate with other public or private agencies or
organizations for the purpose of vocational rehabilitation.
Money received from school districts, governmental subdivisions,
mental health centers or boards, and private nonprofit
organizations is appropriated to the commissioner for conducting
joint or cooperative vocational rehabilitation programs;
(j) Enter into contractual arrangements with
instrumentalities of federal, state, or local government and
with private individuals, organizations, agencies or facilities
with respect to providing vocational rehabilitation services;
(k) Take other actions required by state and federal
legislation relating to vocational rehabilitation and disability
determination programs;
(l) Hire the staff and arrange for the provision of
services and facilities necessary to perform the duties and
powers specified in this section; and
(m) Adopt, amend, suspend or repeal rules necessary to
implement or make specific programs which that the commissioner
by sections 129A.01 to 129A.09 is empowered to administer.
Sec. 16. Minnesota Statutes 1982, section 144.653,
subdivision 2, is amended to read:
Subd. 2. [PERIODIC INSPECTION.] All facilities required to
be licensed under the provisions of sections 144.50 to 144.58
shall be periodically inspected by the state commissioner of
health to insure ensure compliance with its rules, regulations
and standards. Inspections shall occur at different times
throughout the calendar year. The state commissioner of health
may enter into agreements with political subdivisions providing
for the inspection of such facilities by locally employed
inspectors.
The commissioner of health shall conduct inspections and
reinspections of facilities licensed under the provisions of
sections 144.50 to 144.56 with a frequency and in a manner
calculated to produce the greatest benefit to residents within
the limits of the resources available to the commissioner. In
performing this function, the commissioner may devote
proportionately more resources to the inspection of those
facilities in which conditions present the most serious concerns
with respect to resident health, treatment, comfort, safety, and
well-being.
These conditions include but are not limited to: change in
ownership; frequent change in administration in excess of normal
turnover rates; complaints about care, safety, or rights; where
previous inspections or reinspections have resulted in
correction orders related to care, safety, or rights; and, where
persons involved in ownership or administration of the facility
have been indicted for alleged criminal activity. Any health
care facility that has none of the above conditions or any other
condition established by the commissioner that poses a risk to
resident care, safety, or rights shall be inspected once every
two years.
Sec. 17. Minnesota Statutes 1982, section 144A.04,
subdivision 5, is amended to read:
Subd. 5. [ADMINISTRATORS.] Except as otherwise provided by
this subdivision, a nursing home must have a full time licensed
nursing home administrator serving the facility. In any nursing
home of less than 25 beds, the director of nursing services may
also serve as the licensed nursing home administrator. Two
nursing homes having a total of 100 beds or less and located
within 50 miles of each other may share the services of a
licensed administrator if the administrator divides his full
time work week between the two facilities in proportion to the
number of beds in each facility. Every nursing home shall have
a person-in-charge on the premises at all times in the absence
of the licensed administrator. The name of the person in charge
must be posted in a conspicuous place in the facility. The
commissioner of health shall by rule promulgate minimum
education and experience requirements for persons-in-charge, and
may promulgate rules specifying the times of day during which a
licensed administrator must be on the nursing home's premises.
A nursing home may employ as its administrator the administrator
of a hospital licensed pursuant to sections 144.50 to 144.56 if
the individual is licensed as a nursing home administrator
pursuant to section 144A.20 and the nursing home and hospital
have a combined total of 150 beds or less and are located within
one mile of each other. A nonproprietary retirement home having
fewer than 15 licensed nursing home beds may share the services
of a licensed administrator with a nonproprietary nursing home,
having fewer than 150 licensed nursing home beds, that is
located within 25 miles of the retirement home. A nursing home
which is located in a facility licensed as a hospital pursuant
to sections 144.50 to 144.56, may employ as its administrator
the administrator of the hospital if the individual meets
minimum education and long term care experience criteria set by
rule of the commissioner of health.
Sec. 18. Minnesota Statutes 1982, section 144A.10,
subdivision 2, is amended to read:
Subd. 2. [INSPECTIONS.] The commissioner of health shall
annually inspect each nursing home to assure ensure compliance
with sections 144A.01 to 144A.17 and the rules promulgated
thereunder to implement them. The annual inspection shall be a
full inspection of the nursing home. If upon a reinspection
provided for in subdivision 5 the representative of the
commissioner of health finds one or more uncorrected violations,
a second inspection of the facility shall be conducted. The
second inspection need not be a full inspection. No prior
notice shall be given of an inspection conducted pursuant to
this subdivision. Any employee of the commissioner of health
who willfully gives or causes to be given any advance notice of
an inspection required or authorized by this subdivision shall
be subject to suspension or dismissal in accordance with chapter
43A. An inspection required by a federal rule or statute may be
conducted in conjunction with or subsequent to any other
inspection. Any inspection required by this subdivision may be
in addition to or in conjunction with the reinspections required
by subdivision 5. Nothing in this subdivision shall be
construed to prohibit the commissioner of health from making
more than one unannounced inspection of any nursing home during
its license year. The commissioner of health shall coordinate
his inspections of nursing homes with inspections by other state
and local agencies.
The commissioner shall conduct inspections and
reinspections of health facilities with a frequency and in a
manner calculated to produce the greatest benefit to residents
within the limits of the resources available to the
commissioner. In performing this function, the commissioner may
devote proportionately more resources to the inspection of those
facilities in which conditions present the most serious concerns
with respect to resident health, treatment, comfort, safety, and
well-being.
These conditions include but are not limited to: change in
ownership; frequent change in administration in excess of normal
turnover rates; complaints about care, safety, or rights; where
previous inspections or reinspections have resulted in
correction orders related to care, safety, or rights; and, where
persons involved in ownership or administration of the facility
have been indicted for alleged criminal activity. Any facility
that has none of the above conditions or any other condition
established by the commissioner that poses a risk to resident
care, safety, or rights shall be inspected once every two years.
Sec. 19. Minnesota Statutes 1982, section 145.921,
subdivision 1, is amended to read:
Subdivision 1. [PAYMENT.] When a city, county, or group of
cities or counties meets the requirements prescribed in section
145.917, the state commissioner of health shall pay the amount
of subsidy to the city or county in accordance with applicable
rules and regulations from the funds appropriated for the
purpose. The state commissioner of health may make an
advancement of funds on a quarterly basis. The commissioner of
health shall make payments for community health services to each
county in 12 installments per year. The commissioner shall
ensure that the pertinent payment of the allotment for each
month is made to each county on the first working day after the
end of each month of the calendar year, except for the last
month of the calendar year. The commissioner shall ensure that
each county receives its payment of the allotment for that month
no later than the last working day of that month. The payment
described in this subdivision for services rendered during June,
1985 shall be made on the first working day of July, 1985.
Sec. 20. Minnesota Statutes 1982, section 246.57, is
amended by adding a subdivision to read:
Subd. 3. [LIMITED AGREEMENTS.] Notwithstanding the
provisions of subdivision 1, the commissioner of public welfare
may authorize a state hospital or state nursing home to enter
into agreements with other governmental or nonprofit
organizations for participation in limited shared service
agreements that would be of mutual benefit to the state, the
organization involved, and the public.
The duration of limited agreements may not exceed three
calendar years and the total dollar amount attributable to a
limited agreement may not exceed $100,000. Consultation with
the legislative advisory committee is not required for
agreements made pursuant to this subdivision. The charges for
services must be on an actual cost basis and receipts are
dedicated for the operations of the state hospitals or state
nursing homes that provide the service, and are appropriated for
that purpose.
Sec. 21. Minnesota Statutes 1982, section 251.011,
subdivision 6, is amended to read:
Subd. 6. [RULES AND REGULATIONS.] The commissioner of
public welfare shall have the power to make may promulgate rules
and regulations for the operation of, for admission of residents
in, and to establish charges for care in the state nursing homes
at Ah-Gwah-Ching and Oak Terrace and for the admission of
patients thereto, and to fix the charges to be made for care
therein. For the purposes of collecting from the federal
government for the care of those residents in the state nursing
homes eligible for medical care under the Social Security Act,
"cost of care" shall be determined as set forth in the rules and
regulations of the Department of Health and Human Services or
its successor agency.
Sec. 22. [252.32] [FAMILY SUBSIDY PROGRAM.]
Within the limits of appropriations, the commissioner of
public welfare may provide subsidies to families with mentally
retarded children in order to enable those families to continue
caring for the children in their own homes. The commissioner
may establish criteria for determining eligibility for a subsidy
and subsidy amounts and conditions for use of subsidies.
Sec. 23. Minnesota Statutes 1982, section 256E.06,
subdivision 2, is amended to read:
Subd. 2. [MINIMUM FUNDING LEVEL; STATE AIDS MAXIMUM
FUNDING; ALLOCATION.] No county shall receive less in state aids
for community social services under subdivision 1 in calendar
years 1982 and 1983 than 106 percent of the state money it
received in the immediately preceding calendar year pursuant to
section 256E.06. For purposes of 1983, the state money the
county received in 1982 shall be the community social service
grant plus the state money it received for state fiscal year
1982 as authorized by the health, welfare, and corrections
appropriations act for the biennium ending June 30, 1983 for the
following activities: cost of care for mentally retarded,
epileptic or emotionally handicapped children pursuant to
section 252.27, subdivision 1; community mental health pilot
program pursuant to section 245.72 and community-based
residential programs for mentally ill persons.
The term state funds does not include any federal money
received by the state or counties for financing these services.
No county shall receive more than 130 percent of the amount
received in the immediately preceding year as specified in this
subdivision. If the amount allocated to any county pursuant to
subdivision 1 is greater than this amount, the excess shall be
reallocated to all counties in direct proportion to their
initial allocations.
If the amount allocated to any county pursuant to
subdivision 1 and the preceding paragraph is less than the
minimum funding level of that county, its allocation shall be
raised to its minimum share through an equal percentage
reduction applied to all other county allocations.
Sec. 24. Minnesota Statutes 1982, section 401.14, is
amended by adding a subdivision to read:
Subd. 3. [INSTALLMENT PAYMENTS.] The commissioner of
corrections shall make payments for community corrections
services to each county in 12 installments per year. The
commissioner shall ensure that the pertinent payment of the
allotment for each month is made to each county on the first
working day after the end of each month of the calendar year,
except for the last month of the calendar year. The
commissioner shall ensure that each county receives its payment
of the allotment for that month no later than the last working
day of that month. The payment described in this subdivision
for services rendered during June, 1985 shall be made on the
first working day of July, 1985.
Sec. 25. Minnesota Statutes 1982, section 401.15,
subdivision 1, is amended to read:
Subdivision 1. [CERTIFIED STATEMENTS; DETERMINATIONS;
ADJUSTMENTS.] On or before the end of each calendar quarter,
participating counties which have received the payments
authorized by section 401.14 shall submit to the commissioner
certified statements detailing the amounts expended and costs
incurred in furnishing the correctional services provided in
sections 401.01 to 401.16. Upon receipt of certified
statements, the commissioner shall, in the manner provided in
sections 401.10 and 401.12, determine the amount each
participating county is entitled to receive, making any
adjustments necessary to rectify any disparity between the
amounts received pursuant to the estimate provided in section
401.14 and the amounts actually expended. If the amount
received pursuant to the estimate is greater than the amount
actually expended during the quarter, the commissioner may
withhold the difference from any subsequent quarterly monthly
payments made pursuant to section 401.14. Upon certification by
the commissioner of the amount a participating county is
entitled to receive under the provisions of section 401.14 or of
this subdivision the commissioner of finance shall thereupon
issue a state warrant to the chief fiscal officer of each
participating county for the amount due together with a copy of
the certificate prepared by the commissioner.
Sec. 26. Laws 1982, chapter 614, section 13, is amended to
read:
Sec. 13. [EFFECTIVE DATE.]
Sections 1, 3 to 7 and 11 are effective the day following
enactment. Section 2 shall become effective for a specified
provider group on March 1, 1983 if the commissioner of health
certifies to the health and welfare committees of the house and
senate that the voluntary efforts by the provider group to
promote price competition and to implement the reporting
requirements of section 2 have not made satisfactory progress.
This certification shall take the form of a written report
delivered to the chairmen of the house and senate committees by
January 2, 1983. Notice of the date of the delivery shall be
published in the state register. Sections 8 to 10 and 12 are
effective March 15 June 30, 1984.
Sec. 27. [REPEALER.]
Laws 1981, chapter 323, section 4 and chapter 360, article
II, section 54, as amended by Laws 1981, First Special Session
chapter 4, article IV, section 22, are repealed. The section
proposed to be coded as section 471.365 contained in a bill
styled as H.F. No. 1290 during the 1983 regular legislative
session is repealed.
Sec. 28. [EFFECTIVE DATE.]
Sections 19, 24, and 25 are effective July 1, 1984.
ARTICLE 2
CHILD CARE ENTITLEMENT
Section 1. Minnesota Statutes 1982, section 245.83, is
amended to read:
245.83 [GRANTS FOR CHILD CARE SERVICES; DEFINITIONS.]
Subdivision 1. As used in sections 245.83 to 245.87 the
words defined in this section shall have the meanings given them.
Subd. 2. "Child care services" means family day care
homes, group day care centers, nursery schools, day nurseries,
child day care centers, play groups, head start and parent
cooperatives, as defined by rules of the commissioner, and
in-home child care as defined in the Minnesota plan for social
services to families and children.
Subd. 3. "Child" means any person 14 years of age or
younger.
Subd. 4. "Commissioner" means the commissioner of public
welfare.
Subd. 5. "Interim financing" means funds to carry out such
activities as are necessary for family day care homes, group
family day care homes and cooperative child care centers to
receive and maintain state licensing, and operating funds for a
period of six consecutive months following receipt of state
licensing by a family day care home, group family day care home,
or cooperative child care center.
Sec. 2. Minnesota Statutes 1982, section 245.84,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY.] The county board is authorized
to provide child care services, to make grants from the
community social service fund or other sources to any
municipality, corporation or combination thereof for the cost of
providing technical assistance and child care services, or to
contract for services with any licensed day care facility, as
the board deems necessary or proper to carry out the purposes of
sections 245.83 to 245.87.
The board is further authorized to make grants to or
contract with any municipality, incorporated licensed child care
facility, or corporation or combination thereof for any of the
following purposes:
(a) For creating new licensed day care facilities and
expanding existing facilities including, but not limited to,
supplies, equipment, and facility renovation and remodeling;
(b) For improving licensed day care facility programs,
including, but not limited to, staff specialists, staff
training, supplies, equipment, and facility renovation and
remodeling;
(c) For supportive child development services including,
but not limited to, inservice training, curriculum development,
consulting specialist, resource centers, and program and
resource materials;
(d) For carrying out programs including, but not limited
to, staff, supplies, equipment, facility renovation, and
training; and,
(e) For interim financing.
Sec. 3. Minnesota Statutes 1982, section 245.84,
subdivision 2, is amended to read:
Subd. 2. [ALLOCATION, ELIGIBILITY, SLIDING FEE.] (a)
Within the limit of appropriations available and subject to the
allocation requirements of section 245.87 the commissioner shall
establish a program to make grants allocate available
appropriations to counties for the purpose of reducing according
to a sliding fee schedule the costs of child care for eligible
families. The commissioner shall promulgate rules to govern the
program in accordance with this subdivision. No later than
April 1 of each odd-numbered year, the commissioner shall notify
all county boards of the allocation procedures for applying for
the sliding fee program grants. No later than June 1 of each
odd-numbered year, each county wishing to participate in the
sliding fee program shall apply to inform the commissioner for a
grant of the number of persons estimated to be entitled to child
care services, the number of persons estimated to use the
program, and the expected cost for the following two state
fiscal years. No later than July 1 of that year, the
commissioner shall allocate to all counties that apply and agree
to comply with the provisions of sections 245.84 to 245.87
grants in the amounts determined by rule each county its
proportionate share of the appropriation for that and the next
fiscal year, determined according to the county's report. If
the appropriation is insufficient to meet the needs in all
counties, the amount shall be prorated among the counties. The
commissioner shall require collection of data and periodic
reports as the commissioner deems necessary to demonstrate the
effectiveness of the program in preventing and reducing
dependence of participants on public assistance and in providing
other benefits. The commissioner shall report to the
legislature no later than January 15 of each odd-numbered year
of the effectiveness of the program.
(b) In addition to payments from parents, contributions to
the cost of the program shall be made by grantees counties as
follows: 5 percent in the first grant year, and 15 percent in
the second and subsequent grant years, that the county provides
services under this subdivision.
The county board shall establish the income range for
eligibility of families for the sliding fee program, which shall
be not less than the minimum nor more than the maximum income
range, as follows: (a) the minimum income range includes
families having income above 60 percent but less than 70 percent
of the state median income for a family of four adjusted for
family size; (b) the maximum income range includes families
having income above 60 percent but less than 90 percent of the
state median income for a family of four adjusted for family
size. Families having parents determined by the commissioner,
according to criteria which the commissioner shall establish, to
be unable to care for the child because of employment, school
attendance or other circumstances are eligible for the sliding
fee program.
(c) Families receiving child care services under this
subdivision on July 1, 1983 are entitled to child care services
under this paragraph (c). As money that is allowed or required
to be used for providing child care becomes available to the
county from federal, state, or local sources, the county board
shall to the extent practical make child care services available
to single parent families in which the parent needs child care
services under this section to secure or retain employment, or
to obtain the training or education necessary to secure
employment, or for other circumstances, established by the
commissioner, related to education, training, or employment,
and, in the following order of priority:
(1) who are receiving aid to families with dependent
children under sections 256.72 to 256.87. Child care services
to these families shall be made available as in-kind services,
to cover the difference between the actual cost and $160 per
month per child or the amount disregarded under rules for
persons not employed full-time; then
(2) whose household income is within the income range
established by the county board. Child care services to these
families shall be made available on a sliding fee. The minimum
income range a county board may establish is between the aid to
families with dependent children eligibility limit and household
income of less than 70 percent of the state median income for a
family of four adjusted for family size, and the maximum income
range is between the aid to families with dependent children
eligibility limit and household income of less than 90 percent
of the state median income for a family of four adjusted for
family size.
(d) In setting the sliding fee schedule, the commissioner
shall exclude from the amount of income used to determine
eligibility under the income range established by the county
board an amount for federal and state income and social security
taxes attributable to that income level according to federal and
state standardized tax tables. The total fee charged for child
care to any family shall not exceed 75 percent of the income so
determined to be above the maximum allowable for fully
subsidized child care.
(e) In each case where the grantee county charges a fee
that is less than the fee set by the commissioner for the same
service, the state's payment shall be limited to the difference
between the fee set by the commissioner and the charge for care.
In cases where the provider of the child care service
charges in excess of 125 percent of the median charge for like
care arrangements in the geographic area defined by the
commissioner for the purposes of ascertaining such the median
charge, the state's payment shall be limited to the difference
between 125 percent of the median charge for like care
arrangements in the geographic area and the parents' fee.
(f) The county board shall ensure that child care services
are available to county residents entitled to them under
paragraph (c), that the availability of services is
well-advertised, and that all recipients of and applicants for
aid to families with dependent children are informed of any
availability of child care services under paragraph (c). The
county board may accept any gifts, grants, bequests, devises, or
offers of inclusion of services as employees' fringe benefits
for use in providing services under sections 1 to 8.
(g) The commissioner shall promulgate temporary and
permanent rules in accordance with sections 14.05 to 14.36 to
implement this section. No more than seven percent of any grant
allocation shall be used for the grantee's county's
administration expenses.
Sec. 4. Minnesota Statutes 1982, section 245.84,
subdivision 5, is amended to read:
Subd. 5. [BIENNIAL PLAN.] The county board shall
biennially develop a plan for the distribution of funds money
for child care services as part of the community social services
plan prescribed in section 256E.09. All licensed child care
programs shall be given written notice concerning the
availability of funds money and the application process.
Sec. 5. Minnesota Statutes 1982, section 245.85, is
amended to read:
245.85 [TERMINATION SUPERVISION OF ALL OR PART OF A GRANT
SERVICES.]
The county board shall supervise and coordinate all child
care services and programs for which a grant money has been made
available pursuant to sections 245.83 to 245.87, and shall
endeavor insofar as possible to establish a set of program
standards and uniform regulations to coordinate child care
services and programs at the local level. The board shall, from
time to time, review the budgets, expenditures and development
of each child care service and program to which a grant money
has been made available pursuant to sections 245.83 to 245.87.
Sec. 6. Minnesota Statutes 1982, section 245.86, is
amended to read:
245.86 [AUTHORIZATION TO COUNTIES AND MUNICIPALITIES TO
CONTRACT OR MAKE GRANTS.]
Any county or municipality may contract for services or
make grants from special tax revenues or from its general fund
to any organization, governmental or corporate, for the same
purposes for which the commissioner is authorized to make grants
allocations by sections 245.83 to 245.87.
Sec. 7. Minnesota Statutes 1982, section 245.87, is
amended to read:
245.87 [ALLOCATIONS.]
For the purposes of section 245.84, subdivision 2 grants
shall be distributed, the commissioner shall allocate money
appropriated between the metropolitan area, comprising the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and
Washington, and the area outside the metropolitan area so that
no more than 55 percent of the total fund goes to either area
after excluding allocations for migrant day care services,
administrative costs and statewide projects. At least ten
percent of the total program allocation under section 245.84,
subdivision 1 shall be designated for interim financing. The
commissioner is further instructed that the allocation in each
area be based on a need and population basis.
Sec. 8. [DEADLINES.]
For state fiscal year 1984, counties shall inform the
commissioner as required under section 3 no later than July 15,
1983, and the commissioner shall allocate money as required
under section 3 no later than September 1, 1983.
Sec. 9. [SCHEDULE FOR PARTICIPATION.]
The commissioner of public welfare shall report to the
legislature by January 1, 1984, with a schedule for requiring
additional counties to provide child care services under section
3.
Sec. 10. [EFFECTIVE DATE.]
Sections 1 to 9 are effective July 1, 1983.
ARTICLE 3
FEE INCREASES
Section 1. Minnesota Statutes 1982, section 357.021,
subdivision 2, is amended to read:
Subd. 2. [FEE AMOUNTS.] The fees to be charged and
collected by the clerk of district court shall be as follows:
(1) In every civil action or proceeding in said court, the
plaintiff, petitioner, or other moving party shall pay, when the
first paper on his part is filed in said action, a fee of $20,
except that in an action for marriage dissolution, a the fee of
$35 is $55.
The defendant or other adverse or intervening party, or any
one or more of several defendants or other adverse or
intervening parties appearing separately from the others, shall
pay, when the first paper on his or their part is filed in said
action, a fee of $15.
The party requesting a trial by jury shall pay $15.
The fees above stated shall be the full trial fee
chargeable to said parties irrespective of whether trial be to
the court alone, to the court and jury, or disposed of without
trial, and shall include the entry of judgment in the action,
but does not include copies or certified copies of any papers so
filed or proceedings under chapter 106, except the provisions
therein as to appeals.
(2) Certified copy of any instrument from a civil or
criminal proceeding $5 and $3.50 for an uncertified copy.
(3) Issuing a subpoena $1 for each name.
(4) Issuing an execution and filing the return thereof;
issuing a writ of attachment, injunction, habeas corpus,
mandamus, quo warranto, certiorari, or other writs not
specifically mentioned, $5.
(5) Issuing a transcript of judgment, or for filing and
docketing a transcript of judgment from another court, $5.
(6) Filing and entering a satisfaction of judgment, partial
satisfaction or assignment of judgment, $5.
(7) Certificate as to existence or non-existence of
judgments docketed, $1 for each name certified to and $1 for
each judgment certified to.
(8) Filing and indexing trade name; or recording notary
commission; or recording basic science certificate; or recording
certificate of physicians, osteopaths, chiropractors,
veterinarians or optometrists, $5.
(9) For the filing of each partial, final, or annual
account in all trusteeships, $10.
(10) All other services required by law for which no fee is
provided such fee as compares favorably with those herein
provided, or such as may be fixed by rule or order of the court.
Sec. 2. Minnesota Statutes 1982, section 357.021,
subdivision 2a, is amended to read:
Subd. 2a. [CERTAIN FEE PURPOSES.] Of the marriage
dissolution fee collected pursuant to subdivision 1, the clerk
shall pay $15 $35 to the state treasurer to be deposited in the
general fund to be used as follows: $15 for the purposes of
funding grant programs for emergency shelter services and
support services to battered women under sections 241.61 to
241.66 and for administering displaced homemaker programs
established under section 4.40; and $20 is appropriated to the
commissioner of corrections for the purpose of funding emergency
shelter services and support services to battered women, on a
matching basis with local money for 20 percent of the costs and
state money for 80 percent. Of the $15 for the purposes of
funding grant programs for emergency shelter services and
support services to battered women under sections 241.61 to
241.66 and for administering displaced homemaker programs
established under section 4.40, $6.75 is appropriated to the
commissioner of corrections and $8.25 is appropriated to the
commissioner of economic security. The state treasurer shall
identify and report to the commissioner of finance all amounts
deposited in the general fund under this section.
Sec. 3. Minnesota Statutes 1982, section 517.08,
subdivision 1b, is amended to read:
Subd. 1b. [TERM OF LICENSE; FEE.] The clerk shall examine
upon oath the party applying for a license relative to the
legality of the contemplated marriage. If at the expiration of
a five-day period, he is satisfied that there is no legal
impediment to it, he shall issue the license, containing the
full names of the parties before and after marriage, and county
and state of residence, with the district court seal attached,
and make a record of the date of issuance. The license shall be
valid for a period of six months. In case of emergency or
extraordinary circumstances, a judge of the county court or a
judge of the district court of the county in which the
application is made, may authorize the license to be issued at
any time before the expiration of the five days. The clerk
shall collect from the applicant a fee of $30 $40 for
administering the oath, issuing, recording, and filing all
papers required, and preparing and transmitting to the state
registrar of vital statistics the reports of marriage required
by this section. If the license should not be used within the
period of six months due to illness or other extenuating
circumstances, it may be surrendered to the clerk for
cancellation, and in that case a new license shall issue upon
request of the parties of the original license without fee. A
clerk who knowingly issues or signs a marriage license in any
manner other than as provided in this section shall pay to the
parties aggrieved an amount not to exceed $1,000.
Sec. 4. Minnesota Statutes 1982, section 517.08,
subdivision 1c, is amended to read:
Subd. 1c. [DISPOSITION OF LICENSE FEE.] Of the marriage
license fee collected pursuant to subdivision 1b, the clerk
shall pay $15 $25 to the state treasurer to be deposited in the
general fund to be used as follows: $15 for the purposes of
funding grant programs for emergency shelter services and
support services to battered women under sections 241.61 to
241.66 and for administering displaced homemaker programs
established by July 1, 1983, under section 4.40; and $10 is
appropriated to the commissioner of economic security for the
purpose of funding displaced homemaker programs established
after July 1, 1983, under section 4.40 in areas of the state
where those programs previously did not exist or adjunct
programs that extend access to current programs in northeastern
Minnesota, on a matching basis with local funds providing 20
percent of the costs and state funds providing 80 percent. Of
the $15 for the purposes of funding grant programs for emergency
shelter services and support services to battered women under
sections 241.61 to 241.66 and for administering displaced
homemaker programs established by July 1, 1983, under section
4.40, $6.75 is appropriated to the commissioner of corrections
and $8.25 is appropriated to the commissioner of economic
security.
The state treasurer shall identify and report to the
commissioner of finance all amounts deposited in the general
fund and appropriated under this section.
Sec. 5. [EFFECTIVE DATE.]
This article is effective July 1, 1983, and applies to all
licenses issued and dissolution petitions filed on or after that
date.
ARTICLE 4
MATERNAL AND CHILD HEALTH
Section 1. Minnesota Statutes 1982, section 145.881, is
amended to read:
145.881 [MATERNAL AND CHILD HEALTH ADVISORY TASK FORCE.]
Subdivision 1. [COMPOSITION OF TASK FORCE.] The
commissioner shall establish and appoint a maternal and child
health advisory task force consisting of 15 members who will
provide equal representation from:
(1) professionals with expertise in maternal and child
health services;
(2) representatives of local health boards as defined in
section 145.913; and
(3) consumer representatives interested in the health of
mothers and children.
No members shall be employees of the state department of
health. Task force members shall be appointed and removed and
terms shall expire as provided in section 15.059, subdivision
6. Notwithstanding section 15.059, subdivisions 5 and 6, the
maternal and child health advisory task force shall terminate on
June 30, 1987.
Subd. 2. [DUTIES.] The advisory task force shall meet on a
regular basis to perform the following duties:
(a) Review and report on the health care needs of mothers
and children throughout the state of Minnesota;
(b) Review and report on the type, frequency and impact of
maternal and child health care services provided to mothers and
children under existing maternal and child health care programs,
including programs administered by the commissioner of health;
(c) Establish, review, and report to the commissioner a
list of program guidelines and criteria which the advisory task
force considers essential to providing an effective maternal and
child health care program to low income, populations and high
risk patients persons and fulfilling the purposes defined in
section 145.88;
(d) Review staff recommendations of the department of
health regarding maternal and child health grant awards before
the awards are made;
(e) Make recommendations to the commissioner for the use of
other federal and state funds available to meet maternal and
child health needs;
(f) Make recommendations to the commissioner of health on
priorities for funding the following maternal and child health
services: (1) prenatal, delivery and postpartum care, (2)
comprehensive health care for children, especially from birth
through five years of age, (3) adolescent health services, (4)
family planning services, (5) preventive dental care, (6)
special services for chronically ill and handicapped children
and (7) any other services which promote the health of mothers
and children; and
(g) Make recommendations to the commissioner of health on a
the process to distribute, award and administer the maternal and
child health block grant funds after July 1, 1983 that will
fulfill the purposes of section 145.88.
Sec. 2. Minnesota Statutes 1982, section 145.882, is
amended to read:
145.882 [MATERNAL AND CHILD HEALTH BLOCK GRANT
DISTRIBUTION.]
The maternal and child health care block grant shall be
distributed to the same recipients that received funds during
the previous year until July 1, 1983. A reduction in federal
funding shall be distributed to reflect a proportional reduction
for each recipient.
Recipients of maternal and child health grants for special
projects in state fiscal year 1983 shall continue to be funded
at the same level as in state fiscal year 1983 until September
30, 1985, if they comply with the provisions of sections
145.881, and 2 to 7. These recipients are also eligible to
apply for state grants under sections 3 to 7. Any decrease in
the amount of federal funding to the state for the maternal and
child health block grant shall be apportioned to reflect a
proportional decrease for each recipient until September 30,
1985. Any increase in the amount of federal funding to the
state shall be distributed for services to children with
handicaps and to special projects as provided in sections 3 to
7, except that an amount not to exceed ten percent may be
retained by the commissioner of health to address cost of living
increases and increases in supplies and services.
After September 30, 1985, the advisory task force shall
review and recommend the proportion of maternal and child health
block grant funds to be expended for indirect costs, direct
services and special projects. The proportion of funds expended
in direct services through special projects shall be maintained
at not less than the level expended in state fiscal year 1984.
The commissioner shall prepare, with the advice of the
advisory task force, an annual report to the legislature which
details the distribution of maternal and child health block
grant funds, including the amounts to be expended for indirect
costs, direct services, and special projects. The report shall
also identify the statewide needs of low income and high risk
populations and the department of health's plans for meeting
their needs. The legislature must receive the report no later
than January of each year.
Sec. 3. [145.883] [DEFINITIONS.]
Subdivision 1. [SCOPE.] For purposes of sections 145.881,
145.882, and 3 to 7, the terms defined in this section shall
have the meanings given them.
Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of health.
Subd. 3. [QUALIFIED PROGRAM.] "Qualified program" means a
program with professional maternal and child health care staff
which is established for the purpose of providing one or more
essential services in maternal and child health care to target
populations of low income and high risk persons. Nothing in
this subdivision shall imply that every person served must take
a means test.
Subd. 4. [ESSENTIAL SERVICES.] "Essential services" means
(a) prenatal, delivery, and post partum care; (b) comprehensive
health care for children from birth through five years of age;
(c) adolescent health services; (d) family planning services, as
defined in section 145.912, subdivision 9; (e) preventive dental
care; or (f) special services for chronically ill children and
for handicapped children.
Subd. 5. [LOW INCOME.] "Low income" means an individual or
family with an income determined to be at or below 175 percent
of the income official poverty line defined by the office of
management and budget and revised annually in accordance with
United States Code, title 42, section 9902, as amended through
December 31, 1982. With respect to an individual who is a high
risk person, "low income" means that the income of the high risk
person or the person's family is determined to be at or below
200 percent of the income official poverty line defined by the
office of management and budget and revised annually in
accordance with United States Code, title 42, section 9902, as
amended through December 31, 1982. The commissioner shall
establish the low income level for eligibility for services to
children with handicaps.
Subd. 6. [HIGH RISK PERSON.] "High risk person" means a
mother or child with a condition which significantly increases
the probability of disease, injury, death, or other adverse
health-related problem. Determination that a condition results
in high risk shall be based on well validated, scientific
studies.
Subd. 7. [SPECIAL PROJECT.] "Special project" means a
qualified program that receives maternal and child health block
grant money and is administered by a public or private nonprofit
agency other than the Minnesota department of health. A special
project may not impose residency requirements, other than state
residence, as a condition of receiving essential services. A
special project that can demonstrate a need to reduce services
as a result of high demand for these services from outside the
project's proposed service area may apply for additional funds.
Any special project providing statewide essential services may
serve a population that is low income or high risk.
Subd. 8. [MATERNAL AND CHILD HEALTH BLOCK GRANT MONEY.]
"Maternal and child health block grant money" means the money
received by the state from the federal maternal and child health
block grant. The commissioner shall carry forward from state
fiscal year 1985, and succeeding years, only sufficient funds
for qualified programs approved through the federal fiscal year.
Sec. 4. [145.884] [GRANTS TO QUALIFIED PROGRAMS.]
Subdivision 1. [RULES.] The commissioner shall, in the
name of the state and within the limit of the federal maternal
and child health block grant appropriation, make grants to
public and private nonprofit agencies administering qualified
programs of maternal and child health care services. The
commissioner shall promulgate rules for the administration of
grants authorized by this subdivision. The rules shall
establish and contain as a minimum:
(a) procedures for grant applications;
(b) conditions and procedures for the administration of
grants;
(c) criteria of eligibility for grants; and
(d) other matters the commissioner finds necessary for the
proper administration of the grant program.
Subd. 2. [PRIORITY CRITERIA FOR GRANTS.] Any public or
private nonprofit agency providing or planning to provide
services in maternal and child health care to an identified low
income and high risk population may apply to the commissioner
for a maternal and child health care grant. The commissioner
shall, when making grants, give priority to qualified programs
that provide essential services in maternal and child health
care to a target population of low income and high risk
persons. In distributing any increase in federal funding to
special projects, the commissioner shall give priority to grant
applications for special projects located outside the
metropolitan area for at least 50 percent of the increased
funding.
Sec. 5. [145.885] [APPLICATION FOR A GRANT.]
An application for a grant shall be submitted to the
commissioner at a time and in a form and manner as the
commissioner prescribes. Department of health technical staff
shall be available to provide technical assistance in
development of grant applications. The application must contain:
(a) A complete description of the program and the manner in
which the applicant intends to conduct the program;
(b) A budget and justification for the amount of grant
funds requested;
(c) A description of the target population served by the
qualified program and estimates of the number of low income or
high risk patients the program is expected to serve;
(d) The name or names of the person or persons who shall
have primary responsibility for the administration and delivery
of services of the qualified program; and
(e) The reporting and accounting procedures to be followed
by the qualified agency to enable the commissioner to evaluate
the activities of the qualified program.
Sec. 6. [145.886] [GRANT REVIEW PROCESS.]
Primary review of all grant applications shall be conducted
by the department of health technical staff. All technically
completed applications will be forwarded for secondary review to
a grants review panel established by the commissioner. A
majority of the grants review panel must be professionals with
expertise in maternal and child health care. No member of the
panel may be an employee of a public or private nonprofit agency
receiving or applying for maternal and child health block grant
money. The advisory task force shall review the recommendations
of the grants review panel for comment to the commissioner. The
commissioner shall award grants under sections 5 and 6 only
after receiving the comments and recommendation of the grants
review panel and the advisory task force on completed grant
applications.
Sec. 7. [145.888] [LIMITATIONS.]
Grants awarded to qualified programs under sections 5 to 7
shall not exceed 75 percent of the estimated annual cost of the
qualified program for the fiscal year for which the grant is
awarded.
Sec. 8. [145.889] [RULES.]
The commissioner may adopt temporary and permanent rules
for the efficient administration of sections 1 to 8. The
temporary rules need not be adopted in compliance with chapter
14 and shall be effective for 360 days or until the permanent
rules are adopted, whichever occurs first. The temporary rules
shall be effective upon adoption by the commissioner and shall
be published in the State Register as soon thereafter as
possible.
Sec. 9. [EFFECTIVE DATE.]
Sections 1 to 8 are effective the day following final
enactment.
ARTICLE 5
MEDICAL ASSISTANCE AND GENERAL ASSISTANCE MEDICAL CARE
Section 1. Minnesota Statutes 1982, section 245.62, is
amended to read:
245.62 [COMMUNITY MENTAL HEALTH PROGRAM; TAX LEVY CENTER.]
Subdivision 1. [ESTABLISHMENT.] Any city, county, town, or
any combination thereof, or private nonprofit corporation may
establish a community mental health services program and may
establish clinics and staff same with persons specially trained
in psychiatry and related fields center.
Subd. 2. [DEFINITION.] A community mental health center is
a private nonprofit corporation or public agency approved under
the temporary and permanent rules promulgated by the
commissioner pursuant to subdivision 4.
Subd. 3. [CLINICAL DIRECTOR.] All community mental health
center services shall be provided under the clinical direction
of a licensed consulting psychologist licensed under sections
148.88 to 148.98, or a physician who is board certified or
eligible for board certification in psychiatry, and who is
licensed under section 147.02.
Subd. 4. [RULES.] The commissioner shall promulgate
temporary and permanent rules to establish standards for the
designation of an agency as a community mental health center.
These standards shall include, but are not limited to:
(a) provision of mental health services in the prevention,
identification, treatment and aftercare of emotional disorders,
chronic and acute mental illness, mental retardation and
developmental disabilities, and alcohol and drug abuse and
dependency, including the services listed in section 245.61
except detoxification services;
(b) establishment of a community mental health center board
pursuant to section 245.66; and
(c) approval pursuant to section 245.69, subdivision 2.
Sec. 2. Minnesota Statutes 1982, section 245.66, is
amended to read:
245.66 [COMMUNITY MENTAL HEALTH CENTER BOARDS.]
Every city, county, town, combination thereof or nonprofit
corporation establishing a community mental health center under
contract with a county board or human service board shall,
before it may come within the provisions of sections 245.61 to
245.69 and receive funds from the county board or human service
board, shall establish a community mental health center board.
The community mental health center boards board may include
county commissioner representatives from each participating
county and shall be representative of local health departments,
medical societies, hospital boards, lay associations concerned
with mental health, mental retardation and chemical dependency,
labor, agriculture, business, civic and professional groups and
the general public. Membership may include a representative
from any county which purchases substantial services from the
community mental health board. the local population, including
at least health and human service professions and advocate
associations, other fields of employment, and the general
public. Each community mental health center board shall be
responsible for the governing governance and performance of its
center and shall be responsible for the performance of the
center under any contracts entered into with a county board of
commissioners or human services board. This governing shall
include determination of the services to be provided by the
community mental health center, establishment of the annual
budget, appointment of the center director, and establishment of
personnel standards and compensation for employees of the center.
Sec. 3. Minnesota Statutes 1982, section 256.01,
subdivision 2, is amended to read:
Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of
section 241.021, subdivision 2, the commissioner of public
welfare shall:
(1) Administer and supervise all forms of public assistance
provided for by state law and other welfare activities or
services as may from time to time be vested in the commissioner.
(2) Administer and supervise all child welfare activities;
promote the enforcement of laws protecting defective,
illegitimate, dependent, neglected and delinquent children;
license and supervise child-caring and child-placing agencies
and institutions; supervise the care of children in boarding and
foster homes or in private institutions; and generally perform
all functions relating to the field of child welfare now vested
in the state board of control.
(3) Administer and supervise all non-institutional service
to handicapped persons, including the blind, the deaf, the
tuberculous, the crippled, and otherwise handicapped persons.
The authority and power conferred by this subdivision shall
include the authority and power to provide and contract for the
care and treatment of qualified indigent children in facilities
other than those located and available at state hospitals when
it is not feasible to provide the service in state hospitals.
(4) Assist and actively cooperate with other departments,
agencies and institutions, local, state, and federal, by
performing services in conformity with the purposes of Laws
1939, Chapter 431.
(5) Act as the agent of and cooperate with the federal
government in matters of mutual concern relative to and in
conformity with the provisions of Laws 1939, Chapter 431,
including the administration of any federal funds granted to the
state to aid in the performance of any functions of the
commissioner as specified in Laws 1939, Chapter 431, and
including the promulgation of rules making uniformly available
medical care benefits to all recipients of public assistance, at
such times as the federal government increases its participation
in assistance expenditures for medical care to recipients of
public assistance, the cost thereof to be borne in the same
proportion as are grants of aid to said recipients.
(6) Establish and maintain any administrative units
reasonably necessary for the performance of administrative
functions common to all divisions of the department.
(7) Administer and supervise any additional welfare
activities and services as may, from time to time, hereafter be
vested by law in the state department.
(8) The commissioner is hereby specifically constituted as
guardian of both the estate and the person of all the wards of
the state of Minnesota and other persons the guardianship of
whom has been heretofore vested in the state board of control,
whether by operation of law or by an order of court, without any
further act or proceeding whatever, except as to persons
committed as mentally retarded or epileptic. All of said
guardianships, and the funds and property of the same, are
hereby transferred to and vested in said commissioner, and said
commissioner is hereby constituted a legal entity and is hereby
empowered to act as guardian under any laws of this state
heretofore conferring such powers upon the state board of
control.
(9) Act as coordinating referral and informational center
on requests for service for newly arrived immigrants coming to
Minnesota.
(10) The specific enumeration of powers and duties as
hereinabove set forth shall in no way be construed to be a
limitation upon the general transfer of powers herein contained.
(11) Establish county, regional, or state-wide schedules of
maximum fees and charges which may be paid by local agencies for
medical, dental, surgical, hospital, nursing and nursing home
care and medicine and medical supplies under all programs of
medical care provided by the state and for congregate living
care under the income maintenance programs.
(12) Have the authority to conduct and administer
experimental projects to test methods and procedures of
administering assistance and services to recipients or potential
recipients of public welfare. To carry out such experimental
projects, it is further provided that the commissioner of public
welfare is authorized to waive the enforcement of existing
specific statutory program requirements, regulations, and
standards in one or more counties. The order establishing the
waiver shall provide alternative methods and procedures of
administration, shall not be in conflict with the basic
purposes, coverage, or benefits provided by law, and in no event
shall the duration of a project exceed two years. It is further
provided that no order establishing an experimental project as
authorized by the provisions of this section shall become
effective until the following conditions have been met:
(a) The proposed comprehensive plan including estimated
project costs and the proposed order establishing the waiver
shall be filed with the secretary of the senate and chief clerk
of the house of representatives at least 60 days prior to its
effective date.
(b) The secretary of health, education, and welfare of the
United States has agreed, for the same project, to waive state
plan requirements relative to state-wide uniformity.
(c) A comprehensive plan, including estimated project
costs, shall be approved by the legislative advisory commission
and filed with the commissioner of administration.
(13) In accordance with federal requirements establish
procedures to be followed by local welfare boards in creating
citizen advisory committees, including procedures for selection
of committee members.
(14) Promulgate, by rule, standards of administration to be
applied by local welfare boards administering state and county
financed programs of medical assistance pursuant to chapter
256B, general relief medical care pursuant to section 256D.02,
subdivision 4 and medical, hospital, and surgical care for
persons eligible for general assistance pursuant to chapter
256D, or for indigent persons whose costs of hospitalization are
paid pursuant to sections 261.21 to 261.232. The rules shall
specify a uniform standard of performance and a tolerated error
rate, but shall not specify the minimum number of personnel to
be employed by a local agency if the agency operates at the
specified standard of performance or at or below the tolerated
error rate. The commissioner may deduct from the earned
administrative reimbursements of a county a penalty for the
county's failure to comply with the standards of
administration. The penalty shall be fixed by the commissioner
as a percentage of the overexpenditure caused by improper
administration, beyond an initial tolerated amount of
overexpenditure. In the event that fiscal sanctions are imposed
by the federal government because of improper administration of
the programs, one half of the amount of the sanctions
attributable to local agency performance shall be deducted from
administrative reimbursement otherwise due the county Allocate
federal fiscal disallowances or sanctions which are based on
quality control error rates for the aid to families with
dependent children, medical assistance, or food stamp program in
the following manner:
(a) One-half of the total amount of the disallowance shall
be borne by the county boards responsible for administering the
programs and shall be shared by each county board in the same
proportion as that county's expenditures for the sanctioned
program are to the total of all counties' expenditures for that
program. Each county shall pay its share of the disallowance to
the state of Minnesota. When a county fails to pay the amount
due hereunder, the commissioner may deduct the amount from
reimbursement otherwise due the county, or the attorney general,
upon the request of the commissioner, may institute civil action
to recover the amount due.
(b) Notwithstanding the provisions of paragraph (a), if the
disallowance results from knowing noncompliance by one or more
counties with a specific program instruction, and that knowing
noncompliance is a matter of official county board record, the
commissioner may require payment or recover from the county or
counties, in the manner prescribed in paragraph (a), an amount
equal to the portion of the total disallowance which resulted
from the noncompliance, and may distribute the balance of the
disallowance according to paragraph (a).
Sec. 4. Minnesota Statutes 1982, section 256.045,
subdivision 3, is amended to read:
Subd. 3. [STATE AGENCY HEARINGS.] In counties in which the
commissioner of welfare has not appointed a local welfare
referee, any person applying for or receiving any of the forms
of public assistance described in subdivision 2 whose
application for assistance is denied, not acted upon with
reasonable promptness, or whose assistance is suspended,
reduced, or terminated by a local agency, or any patient or
relative aggrieved by an order of the commissioner under section
252.27, may contest that action or decision before the state
agency by submitting a written request for a hearing to the
state agency within 30 days after receiving written notice of
the action or decision, or within 90 days of such written notice
if the applicant or, recipient, patient or relative shows good
cause why the request was not submitted within the 30 day time
limit. A local agency or, applicant or, recipient, patient or
relative aggrieved by a ruling of a local welfare referee may
appeal the ruling to the state agency by filing a notice of
appeal with the state agency within 30 days after receiving the
ruling of the local welfare referee. A state welfare referee
shall conduct a hearing on the matter and shall recommend an
order to the commissioner of public welfare. In appeals from
rulings of local welfare referees, the hearing may be limited,
upon stipulation of the parties, to a review of the record of
the local welfare referee.
Sec. 5. Minnesota Statutes 1982, section 256.82, is
amended by adding a subdivision to read:
Subd. 3. [SETTING FOSTER CARE STANDARD RATES.] The
commissioner shall annually establish minimum standard
maintenance payment rates for foster care maintenance for all
children in foster care, and require county boards to establish
difficulty of care payment rates for all children in foster care.
Sec. 6. Minnesota Statutes 1982, section 256.966,
subdivision 1, is amended to read:
Subdivision 1. [IN GENERAL.] For the biennium ending June
30, 1983 1985, the annual increase in the cost per service unit
paid to any vendor under medical assistance and general
assistance medical care shall not exceed eight five percent. The
period for measuring growth shall be the state fiscal year.,
except that the five percent annual increase limitation applied
to vendors under this subdivision does not apply to nursing
homes licensed under chapter 144A or boarding care homes
licensed under sections 144.50 to 144.56. The estimated
acquisition cost of prescription drug ingredients is not subject
to the five percent increase limit, any general state payment
reduction, or cost limitation described in this section, except
as required under federal law or regulation. For vendors
enrolled in the general assistance medical care program, the
annual increase in cost per service unit allowable during state
fiscal year 1984 shall not exceed five percent. The basis for
measuring growth shall be the cost per service unit that would
have been reimbursable in state fiscal year 1983 if payments had
not been rateably reduced and if payments had been based on the
50th percentile of usual and customary billings for medical
assistance in 1978. The increase in cost per service unit
allowable for vendors in the general assistance medical care
program during state fiscal year 1985 shall not exceed five
percent. The basis for measuring growth shall be state fiscal
year 1984.
Sec. 7. Minnesota Statutes 1982, section 256.967, is
amended to read:
256.967 [MEDICAL CARE PAYMENTS; LIMITATIONS ON FEES.]
For the biennium ending June 30, 1985, all payments for
vendors of medical care under general assistance medical care
shall be based upon this standard: the 50th percentile of usual
and customary fees based upon medical assistance billings during
calendar year 1978. All payments for vendors of medical care
under medical assistance shall be limited to the 50th percentile
of usual and customary fees based upon billings during calendar
year 1979 for physician services, dental care, vision care,
podiatric services, chiropractic care, physical therapy,
occupational therapy, speech pathologists, audiologists, mental
health centers, psychologists, public health clinics, and
independent laboratory and x-ray services.
Sec. 8. Minnesota Statutes 1982, section 256.968, is
amended to read:
256.968 [LIMITATION ON INPATIENT CHEMICAL DEPENDENCY
TREATMENT.]
The commissioner of public welfare shall limit medical
assistance and general assistance medical care reimbursement for
treatment of alcoholism, chemical dependency or drug addiction
which is rendered in a licensed hospital or certified nursing
home to 10 30 days unless need for extended care is certified by
the attending physician and has received prior approval from the
commissioner.
Sec. 9. [256.969] [INPATIENT HOSPITALS.]
Subdivision 1. [ANNUAL COST INDEX.] The commissioner of
public welfare shall develop a prospective payment system for
inpatient hospital service under the medical assistance and
general assistance medical care programs. Rates paid to
licensed hospitals for rate years beginning during the fiscal
biennium ending June 30, 1985, shall not exceed an annual
hospital cost index for the final rate allowed to the hospital
for the preceding year not to exceed five percent in any event.
The annual hospital cost index shall be obtained from an
independent source representing a statewide average of inflation
estimates determined for expense categories to include salaries,
employee benefits, medical fees, raw food, medical supplies,
pharmaceuticals, utilities, repairs and maintenance, insurance
other than malpractice insurance, and other applicable expenses
as determined by the commissioner. The index shall reflect the
regional differences within the state and include a one percent
increase to reflect changes in technology. The annual hospital
cost index shall be published 30 days before the start of each
calendar quarter and shall be applicable to all hospitals whose
fiscal years start on or during the calendar quarter.
Subd. 2. [RATES FOR INPATIENT HOSPITALS.] Rates paid to
inpatient hospitals shall be based on a rate per admission.
Subd. 3. [SPECIAL CONSIDERATIONS.] In determining the
rate, the commissioner of public welfare will take into
consideration whether the following circumstances exist:
(a) minimal medical assistance and general assistance
medical care utilization;
(b) unusual length of stay experience; and
(c) disproportionate numbers of low income patients served.
Subd. 4. [APPEALS BOARD.] An appeals board shall be
established for purposes of hearing reports for changes in the
rate per admission. The appeals board shall consist of two
public representatives, two representatives of the hospital
industry, and one representative of the business or consumer
community. The appeals board shall advise the commissioner on
adjustments to hospital rates under this section.
Subd. 5. [APPEAL RIGHTS.] Nothing in this section
supersedes the contested case provisions of chapter 14, the
Administrative Procedure Act.
Subd. 6. [RULES.] The commissioner of public welfare shall
promulgate temporary and permanent rules to implement a system
of prospective payment for inpatient hospital services pursuant
to chapter 14, the Administrative Procedure Act.
Sec. 10. Minnesota Statutes 1982, section 256B.02,
subdivision 8, is amended to read:
Subd. 8. "Medical assistance" or "medical care" means
payment of part or all of the cost of the following care and
services for eligible individuals whose income and resources are
insufficient to meet all of such cost:
(1) Inpatient hospital services. A second medical opinion
is required prior to reimbursement for elective surgeries. The
commissioner shall publish in the State Register a proposed list
of elective surgeries that require a second medical opinion
prior to reimbursement. The list is not subject to the
requirements of sections 14.01 to 14.70. The commissioner's
decision whether a second medical opinion is required, made in
accordance with rules governing that decision, is not subject to
administrative appeal.
(2) Skilled nursing home services and services of
intermediate care facilities.
(3) Physicians' services.
(4) Outpatient hospital or nonprofit community health
clinic services or physician-directed clinic services. The
physician-directed clinic staff shall include at least two
physicians, one of whom is on the premises whenever the clinic
is open, and all services shall be provided under the direct
supervision of the physician who is on the premises. Hospital
outpatient departments are subject to the same limitations and
reimbursements as other enrolled vendors for all services,
except initial triage, emergency services, and services not
provided or immediately available in clinics, physicians'
offices, or by other enrolled providers. "Emergency services"
means those medical services required for the immediate
diagnosis and treatment of medical conditions that, if not
immediately diagnosed and treated, could lead to serious
physical or mental disability or death or are necessary to
alleviate severe pain. Neither the hospital, its employees, nor
any physician or dentist, shall be liable in any action arising
out of a determination not to render emergency services or care
if reasonable care is exercised in determining the condition of
the person, or in determining the appropriateness of the
facilities, or the qualifications and availability of personnel
to render these services consistent with this section.
(5) Community mental health center services, as defined in
rules adopted by the commissioner pursuant to section 256B.04,
subdivision 2, and provided by a community mental health center
as defined in section 245.62, subdivision 2.
(5) (6) Home health care services.
(6) (7) Private duty nursing services.
(7) (8) Physical therapy and related services.
(8) (9) Dental services, excluding cast metal restorations.
(9) (10) Laboratory and x-ray services.
(10)(11) The following if prescribed by a licensed
practitioner: drugs, eyeglasses, dentures, and prosthetic
devices. The commissioner shall designate a formulary committee
which shall advise the commissioner on the names of drugs for
which payment shall be made, recommend a system for reimbursing
providers on a set fee or charge basis rather than the present
system, and develop methods encouraging use of generic drugs
when they are less expensive and equally effective as trademark
drugs. The commissioner shall appoint the formulary committee
members no later than 30 days following July 1, 1981. The
formulary committee shall consist of nine members, four of whom
shall be physicians who are not employed by the department of
public welfare, and a majority of whose practice is for persons
paying privately or through health insurance, three of whom
shall be pharmacists who are not employed by the department of
public welfare, and a majority of whose practice is for persons
paying privately or through health insurance, a consumer
representative, and a nursing home representative. Committee
members shall serve two year terms and shall serve without
compensation. The commissioner may establish a drug formulary.
Its establishment and publication shall not be subject to the
requirements of the administrative procedure act, but the
formulary committee shall review and comment on the formulary
contents. Prior authorization may be required by the
commissioner, with the consent of the drug formulary committee,
before certain formulary drugs are eligible for payment. The
formulary shall not include: drugs or products for which there
is no federal funding; over the counter drugs, except for
antacids, acetaminophen, family planning products, aspirin,
insulin, prenatal vitamins, and vitamins for children under the
age of seven; or any other over the counter drug identified by
the commissioner, in consultation with the appropriate
professional consultants under contract with or employed by the
state agency, as necessary, appropriate and cost effective for
the treatment of certain specified chronic diseases, conditions
or disorders, and this determination shall not be subject to the
requirements of chapter 14, the Administrative Procedure Act;
nutritional products, except for those products needed for
treatment of phenylketonuria, hyperlysinemia, maple syrup urine
disease, a combined allergy to human milk, cow milk, and soy
formula, or any other childhood or adult diseases, conditions,
or disorders identified by the commissioner as requiring a
similarly necessary nutritional product; anorectics; and drugs
for which medical value has not been established. Separate
payment shall not be made for nutritional products for residents
of long-term care facilities; payment for dietary requirements
is a component of the per diem rate paid to these facilities.
Payment to drug vendors shall not be modified before the
formulary is established except that the commissioner shall not
permit payment for any drugs which may not by law be included in
the formulary, and his determination shall not be subject to
chapter 14, the Administrative Procedure Act. The commissioner
may promulgate shall publish conditions for prohibiting payment
for specific drugs after considering the formulary committee's
recommendations.
The basis for determining the amount of payment shall be
the actual acquisition costs of the drugs plus a fixed
dispensing fee established by the commissioner. Actual
acquisition cost includes quantity and other special discounts
except time and cash discounts. Establishment of this fee shall
not be subject to the requirements of the administrative
procedure act. Whenever a generically equivalent product is
available, payment shall be on the basis of the actual
acquisition cost of the generic drug, unless the prescriber
specifically indicates "dispense as written" on the prescription
as required by section 151.21, subdivision 2.
Notwithstanding the above provisions, implementation of any
change in the fixed dispensing fee which has not been subject to
the administrative procedure act shall be limited to not more
than 180 days, unless, during that time, the commissioner shall
have initiated rulemaking through the administrative procedure
act.
(11) (12) Diagnostic, screening, and preventive services.
(12) (13) Health care pre-payment plan premiums and
insurance premiums if paid directly to a vendor and
supplementary medical insurance benefits under Title XVIII of
the Social Security Act.
(13) (14) Abortion services, but only if one of the
following conditions is met:
(a) The abortion is a medical necessity. "Medical
necessity" means (1) the signed written statement of two
physicians indicating the abortion is medically necessary to
prevent the death of the mother, and (2) the patient has given
her consent to the abortion in writing unless the patient is
physically or legally incapable of providing informed consent to
the procedure, in which case consent will be given as otherwise
provided by law;
(b) The pregnancy is the result of criminal sexual conduct
as defined in section 609.342, clauses (c), (d), (e)(i), and
(f), and the incident is reported within 48 hours after the
incident occurs to a valid law enforcement agency for
investigation, unless the victim is physically unable to report
the criminal sexual conduct, in which case the report shall be
made within 48 hours after the victim becomes physically able to
report the criminal sexual conduct; or
(c) The pregnancy is the result of incest, but only if the
incident and relative are reported to a valid law enforcement
agency for investigation prior to the abortion.
(14) (15) Transportation costs incurred solely for
obtaining emergency medical care or transportation costs
incurred by non-ambulatory persons in obtaining emergency or
non-emergency medical care when paid directly to an ambulance
company, common carrier, or other recognized providers of
transportation services. For the purpose of this clause, a
person who is incapable of transport by taxicab or bus shall be
considered to be non-ambulatory.
(15) (16) To the extent authorized by rule of the state
agency, costs of bus or taxicab transportation incurred by any
ambulatory eligible person for obtaining non-emergency medical
care.
(16) (17) Personal care attendant services provided by an
individual, not a relative, who is qualified to provide the
services, where the services are prescribed by a physician in
accordance with a plan of treatment and are supervised by a
registered nurse. Payments to personal care attendants shall be
adjusted annually to reflect changes in the cost of living or of
providing services by the average annual adjustment granted to
vendors such as nursing homes and home health agencies.
(16) (18) Any other medical or remedial care licensed and
recognized under state law unless otherwise prohibited by law.
Sec. 11. Minnesota Statutes 1982, section 256B.04,
subdivision 14, is amended to read:
Subd. 14. [COMPETITIVE BIDDING.] The commissioner shall
utilize volume purchase through competitive bidding under the
provisions of chapter 16, to provide the following items:
(1) Eyeglasses;
(2) Oxygen. The commissioner shall provide for oxygen
needed in an emergency situation on a short-term basis, until
the vendor can obtain the necessary supply from the contract
dealer;
(2) (3) Hearing aids and supplies; and
(3) (4) Durable medical equipment, including but not
limited to:
(a) hospital beds;
(b) commodes;
(c) glide-about chairs;
(d) patient lift apparatus;
(e) wheelchairs and accessories;
(f) oxygen administration equipment;
(g) respiratory therapy equipment; and
(h) electronic diagnostic, therapeutic and life support
systems.
Sec. 12. Minnesota Statutes 1982, section 256B.04, is
amended by adding a subdivision to read:
Subd. 15. [UTILIZATION REVIEW.] Establish on a statewide
basis a new program to safeguard against unnecessary or
inappropriate use of medical assistance services, against excess
payments, against unnecessary or inappropriate hospital
admissions or lengths of stay, and against underutilization of
services in pre-paid health plans, long-term care facilities or
any health care delivery system subject to fixed rate
reimbursement. In implementing the program, the state agency
shall utilize both pre-payment and post-payment review systems
to determine if utilization is reasonable and necessary. The
determination of whether services are reasonable and necessary
shall be made by the commissioner in consultation with a
professional services advisory group appointed by the
commissioner. An aggrieved party may appeal the commissioner's
determination pursuant to the contested case procedures of
chapter 14.
Sec. 13. Minnesota Statutes 1982, section 256B.041,
subdivision 2, is amended to read:
Subd. 2. [ACCOUNT.] An account is established in the state
treasury from which medical assistance payments to vendors shall
be made. Into such this account there shall be deposited
federal funds, state funds, county funds, and other moneys which
are available and which may be paid to the state agency for
medical assistance payments and reimbursements from counties or
others for their share of such payments.
Sec. 14. Minnesota Statutes 1982, section 256B.041,
subdivision 5, is amended to read:
Subd. 5. [PAYMENT BY COUNTY TO STATE TREASURER.] If
required by federal law or rules promulgated thereunder, or by
authorized regulation of the state agency, each county shall pay
to the state treasurer the portion of medical assistance paid by
the state for which it is responsible. The county's share of
cost shall be ten percent of that portion not met by federal
funds.
The county shall advance its portion of medical assistance
costs, based upon estimates submitted by the state agency to the
county agency, stating the estimated expenditures for the
succeeding month. Upon the direction of the county agency,
payment shall be made monthly by the county to the state for the
estimated expenditures for each month. Adjustment of any
overestimate or underestimate based on actual expenditures shall
be made by the state agency by adjusting the estimate for any
succeeding month.
Sec. 15. Minnesota Statutes 1982, section 256B.06,
subdivision 1, is amended to read:
Subdivision 1. Medical assistance may be paid for any
person:
(1) Who is a child eligible for or receiving adoption
assistance payments under Title IV-E of the Social Security Act,
42 U.S.C. Sections 670 to 676; or
(2) Who is a child eligible for or receiving foster care
maintenance payments under Title IV-E of the Social Security
Act, 42 U.S.C. Sections 670 to 676; or
(1) Who is a child eligible for or receiving adoption
assistance payments under Title IV-E of the Social Security Act,
42 U.S.C. Sections 670 to 676 United States Code, title 42,
sections 670 to 676; or
(2) Who is a child eligible for or receiving foster care
maintenance payments under Title IV-E of the Social Security
Act, 42 U.S.C. Sections 670 to 676 United States Code, title 42,
sections 670 to 676; or
(3) Who is eligible for or receiving public assistance, or
a woman who is pregnant, as medically verified, and who would be
eligible for assistance under the aid to families with dependent
children program if the child had been born and living with the
woman; or
(4) Who is eligible for or receiving meets the categorical
eligibility requirements of the supplemental security income for
the aged, blind and disabled program and the other eligibility
requirements of this section; or
(5) Who except for the amount of income or resources would
qualify for supplemental security income for the aged, blind and
disabled, or aid to families with dependent children and is in
need of medical assistance; or
(6) Who is under 21 years of age and in need of medical
care that neither he nor his relatives responsible under
sections 256B.01 to 256B.26 are financially able to provide; or
(7) Who is residing in a hospital for treatment of mental
disease or tuberculosis and is 65 years of age or older and
without means sufficient to pay the per capita hospital charge;
and
(8) Who resides in Minnesota, or, if absent from the state,
is deemed to be a resident of Minnesota in accordance with the
regulations of the state agency; and
(9) Who alone, or together with his spouse, does not own
real property other than the homestead. For the purposes of
this section, "homestead" means the house owned and occupied by
the applicant as his dwelling place, together with the land upon
which it is situated and an area no greater than two contiguous
lots in a platted or laid out city or town or 80 contiguous
acres in unplatted land. Occupancy or exemption shall be
determined as provided in chapter 510 and applicable law,
including continuing exemption by filing notice under section
510.07. Real estate not used as a home may not be retained
unless it produces net income applicable to the family's needs
or the family is making a continuing effort to sell it at a fair
and reasonable price or unless sale of the real estate would net
an insignificant amount of income applicable to the family's
needs, or unless the commissioner determines that sale of the
real estate would cause undue hardship; and
(10) Who individually does not own more than $2,000 $3,000
in cash or liquid assets, or if a member of a household with two
family members (husband and wife, or parent and child), does not
own more than $4,000 $6,000 in cash or liquid assets, plus $200
for each additional legal dependent. Cash and liquid assets may
include a prepaid funeral contract and insurance policies with
cash surrender value. The value of the following shall not be
included:
(a) the homestead, and (b) one motor vehicle licensed
pursuant to chapter 168 and defined as: (1) passenger
automobile, (2) station wagon, (3) motorcycle, (4) motorized
bicycle or (5) truck of the weight found in categories A to E,
of section 168.013, subdivision 1e; and
(11) Who has or anticipates receiving an annual income not
in excess of $2,600 for a single person, or $3,250 for two
family members (husband and wife, parent and child, or two
siblings), plus $625 for each additional legal dependent, or who
has income in excess of these maxima and in the month of
application, or during the three months prior to the month of
application, incurs expenses for medical care that total more
than one-half of the annual excess income in accordance with the
regulations of the state agency. In computing income to
determine eligibility of persons who are not residents of long
term care facilities, the commissioner shall disregard increases
in income of social security or supplementary security income
recipients due solely to increases required by sections 215(i)
and 1617 of the social security act, and shall disregard income
of disabled persons that is also disregarded in determining
eligibility for supplemental aid under section 256D.37,
subdivision 1, due solely to increases in federal retiree,
survivor's, and disability insurance benefits, veterans
administration benefits, and railroad retirement benefits in the
percentage amount established in the biennial appropriations law
unless prohibited by federal law or regulation. If prohibited,
the commissioner shall first seek a waiver. In excess income
cases, eligibility shall be limited to a period of six months
beginning with the first of the month in which these medical
obligations are first incurred; and
(12) Who has continuing monthly expenses for medical care
that are more than the amount of his excess income, computed on
a monthly basis, in which case eligibility may be established
before the total income obligation referred to in the preceding
paragraph is incurred, and medical assistance payments may be
made to cover the monthly unmet medical need. In licensed
nursing home and state hospital cases, income over and above
that required for justified needs, determined pursuant to a
schedule of contributions established by the commissioner of
public welfare, is to be applied to the cost of institutional
care. The commissioner of public welfare may establish a
schedule of contributions to be made by the spouse of a nursing
home resident to the cost of care and shall seek a waiver from
federal regulations which establish the amount required to be
contributed by either spouse when one spouse is a nursing home
resident; and
(13) Who has applied or agrees to apply all proceeds
received or receivable by him or his spouse from automobile
accident coverage and private health care coverage to the costs
of medical care for himself, his spouse, and children. The
state agency may require from any applicant or recipient of
medical assistance the assignment of any rights accruing under
private health care coverage. Any rights or amounts so assigned
shall be applied against the cost of medical care paid for under
this chapter. Any assignment shall not be effective as to
benefits paid or provided under automobile accident coverage and
private health care coverage prior to receipt of the assignment
by the person or organization providing the benefits.
Sec. 16. Minnesota Statutes 1982, section 256B.061, is
amended to read:
256B.061 [ELIGIBILITY.]
If any individual has been determined to be eligible for
medical assistance, it will be made available to him for care
and services included under the plan and furnished in or after
the third month before the month in which he made application
for such assistance, if such individual was, or upon application
would have been, eligible for medical assistance at the time the
care and services were furnished. The commissioner may limit,
restrict, or suspend the eligibility of an individual for up to
one year upon that individual's conviction of a criminal offense
related to his application for or receipt of medical assistance
benefits.
Sec. 17. Minnesota Statutes 1982, section 256B.064,
subdivision 1a, is amended to read:
Subd. 1a. [GROUNDS FOR MONETARY RECOVERY AND SANCTIONS
AGAINST VENDORS.] The commissioner may seek monetary recovery
and impose sanctions against vendors of medical care for any of
the following: fraud, theft, or abuse in connection with the
provision of medical care to recipients of public assistance; a
pattern of presentment of false or duplicate claims or claims
for services not medically necessary; a pattern of making false
statements of material facts for the purpose of obtaining
greater compensation than that to which the vendor is legally
entitled; suspension or termination as a Medicare vendor; and
refusal to grant the state agency access during regular business
hours to examine all records necessary to disclose the extent of
services provided to program recipients. No sanction may be
imposed or monetary recovery obtained against any vendor of
nursing home or convalescent care for providing services not
medically necessary when the services provided were ordered by a
licensed health professional not an employee of the vendor. The
determination of abuse or services not medically necessary shall
be made by the commissioner in consultation with a review
organization as defined in section 145.61 or other provider
advisory committees as committee appointed by the commissioner
on the recommendation of appropriate professional organizations.
Sec. 18. Minnesota Statutes 1982, section 256B.07, is
amended to read:
256B.07 [EXCEPTIONS IN DETERMINING RESOURCES.]
A local agency may, within the scope of regulations set by
the commissioner of public welfare, waive the requirement of
liquidation of excess assets when the liquidation would cause
undue hardship. Household goods and furniture in use in the
home, wearing apparel, insurance policies with cash surrender
value not in excess of $1,500 per insured person, and personal
property used as a regular abode by the applicant or recipient,
a prepaid funeral contract not in excess of $750 per person plus
accrued interest of not more than $200, and a lot in a burial
plot shall not be considered as resources available to meet
medical needs.
Sec. 19. Minnesota Statutes 1982, section 256B.14,
subdivision 2, is amended to read:
Subd. 2. [ACTIONS TO OBTAIN PAYMENT.] The state agency
shall promulgate rules to determine the ability of responsible
relatives to contribute partial or complete repayment of medical
assistance furnished to recipients for whom they are responsible.
In determining the resource contribution of a spouse at the time
of the first medical assistance application, all medical
assistance exclusions shall be allowed, and a resource limit of
$10,000 for nonexcluded resources shall be implemented. Above
these limits, a contribution of one-third of the excess
resources shall be required. These rules shall not require
repayment when payment would cause undue hardship to the
responsible relative or his or her immediate family. The county
agency shall give the responsible relative notice of the amount
of the repayment. If the state agency or county agency finds
that notice of the payment obligation was given to the
responsible relative, but that the relative failed or refused to
pay, a cause of action exists against the responsible relative
for that portion of medical assistance granted after notice was
given to the responsible relative, which the relative was
determined to be able to pay.
The action may be brought by the state agency or the county
agency in the county where assistance was granted, for the
assistance, together with the costs of disbursements incurred
due to the action.
In addition to granting the county or state agency a money
judgment, the court may, upon a motion or order to show cause,
order continuing contributions by a responsible relative found
able to repay the county or state agency. The order shall be
effective only for the period of time during which the recipient
receives medical assistance from the county or state agency.
Sec. 20. Minnesota Statutes 1982, section 256B.17,
subdivision 4, is amended to read:
Subd. 4. [PERIOD OF INELIGIBILITY.] In any case where the
uncompensated value of transferred resources exceeds $12,000,
the commissioner shall require a period of ineligibility which
exceeds 24 months, provided that the period of ineligibility
bears a reasonable relationship to the excess uncompensated
value of the transferred asset For any uncompensated transfer,
the period of ineligibility shall be calculated by dividing the
transferred amount by the statewide average monthly skilled
nursing facility per diem for the previous calendar year to
determine the number of months of ineligibility. The individual
shall remain ineligible until this fixed ineligibility period
has expired, subject to the exclusions contained in section 15.
Sec. 21. Minnesota Statutes 1982, section 256B.17, is
amended by adding a subdivision to read:
Subd. 5. [EXCLUSIONS FOR HOMESTEAD TRANSFERS.]
Notwithstanding subdivision 4, an individual shall not be
ineligible if the transferred property is a homestead as defined
by section 256B.06, subdivision 1, and one of the following
conditions applies:
(1) a satisfactory showing is made that the individual can
reasonably be expected to return to the homestead as a permanent
residence;
(2) title to the home was transferred to the individual's
spouse, child who is under age 21, or blind or permanently and
totally disabled child as defined in the supplemental security
income program;
(3) a satisfactory showing is made that the individual
intended to dispose of the home at fair market value or for
other valuable consideration; or
(4) the local agency determines that denial of eligibility
would cause undue hardship for the individual, based on imminent
threat to the individual's health and well-being.
Sec. 22. Minnesota Statutes 1982, section 256B.17, is
amended by adding a subdivision to read:
Subd. 6. [EXCEPTION FOR ASSET TRANSFERS.] Notwithstanding
the provisions of subdivisions 1 through 5, an institutionalized
spouse who applies for medical assistance on or after July 1,
1983, may transfer liquid assets to his or her
noninstitutionalized spouse without loss of eligibility if all
of the following conditions apply:
(a) The noninstitutionalized spouse is not applying for or
receiving assistance;
(b) The noninstitutionalized spouse has less than $10,000
in liquid assets, including assets singly owned and 50 percent
of assets owned jointly with the institutionalized spouse;
(c) The amount transferred, together with the
noninstitutionalized spouse's own assets, totals no more than
$10,000 in liquid assets; and
(d) The transfer may be effected only once, at the time of
initial medical assistance application.
Sec. 23. Minnesota Statutes 1982, section 256B.17, is
amended by adding subdivision to read:
Subd. 7. [CONFORMANCE WITH FEDERAL LAW.] Notwithstanding
the other provisions of this section, uncompensated property
transfers shall be treated no more restrictively than allowed by
federal law.
Sec. 24. Minnnsota Statutes 1982, section 256B.17, is
amended by adding a subdivision to read:
Subd. 8. [EFFECTIVE DATE.] Subdivisions 5, 6, and 7, and
the changes in subdivision 4 made by section 20 apply to
transfers made on or after the effective date of sections 20 to
23, regardless of the individual's status in relation to
eligibility for medical assistance.
Sec. 25. Minnesota Statutes 1982, section 256B.27,
subdivision 3, is amended to read:
Subd. 3. The commissioner of public welfare, with the
written consent of the recipient, on file wih the local welfare
agency, shall be allowed access to all personal medical records
of medical assistance recipients solely for the purposes of
investigating whether or not: (a) a vendor of medical care has
submitted a claim for reimbursement, a cost report or a rate
application which the vendor knows to be false in whole or in
part; or (b) the medical care was medically necessary. The
vendor of medical care shall receive notification from the
commissioner at least 24 hours before the commissioner gains
access to such records. The determination of abuse or provision
of services not medically necessary shall be made by the
commissioner in consultation with a review organization as
defined in section 145.61 or other an advisory committees
committee of vendors as appointed by the commissioner on the
recommendation of appropriate professional organizations.
Notwithstanding any other law to the contrary, a vendor of
medical care shall not be subject to any civil or criminal
liability for providing access to medical records to the
commissioner of public welfare pursuant to this section.
Sec. 26. Minnesota Statutes 1982, section 256B.27,
subdivision 4, is amended to read:
Subd. 4. [AUTHORIZATION OF COMMISSIONER TO EXAMINE
RECORDS.] No A person shall determined to be eligible for
medical assistance unless he has shall be deemed to have
authorized the commissioner of public welfare in writing to
examine all personal medical records developed while receiving
medical assistance for the purpose of investigating whether or
not a vendor has submitted a claim for reimbursement, a cost
report or a rate application which the vendor knows to be false
in whole or in part, or in order to determine whether or not the
medical care provided was medically necessary. A vendor of
medical care shall require presentation of this written
authorization before the state agency can obtain access to the
records unless the vendor already has received written
authorization.
Sec. 27. [256B.69] [PREPAYMENT DEMONSTRATION PROJECT.]
Subdivision 1. [PURPOSE.] The commissioner of public
welfare shall establish a medical assistance demonstration
project to determine whether prepayment combined with better
management of health care services is an effective mechanism to
ensure that all eligible individuals receive necessary health
care in a coordinated fashion while containing costs. For the
purposes of this project, waiver of certain statutory provisions
is necessary in accordance with this section.
Subd. 2. [DEFINITIONS.] For the purposes of this section,
the following terms have the meanings given.
(a) "Commissioner" means the commissioner of public welfare.
For the remainder of this section, the commissioner's
responsibilities for methods and policies for implementing the
project will be proposed by the project advisory committees and
approved by the commissioner.
(b) "Demonstration provider" means an individual, agency,
organization, or group of these entities that participates in
the demonstration project according to criteria, standards,
methods, and other requirements established for the project and
approved by the commissioner.
(c) "Eligible individuals" means those persons eligible for
medical assistance benefits as defined in section 256B.06.
(d) "Limitation of choice" means suspending freedom of
choice while allowing eligible individuals to choose among the
demonstration providers.
Subd. 3. [GEOGRAPHIC AREA.] The commissioner shall
designate the geographic areas in which eligible individuals may
be included in the demonstration project. The geographic areas
shall include one urban, one suburban, and at least one rural
county. In order to encourage the participation of long-term
care providers, the project area may be expanded beyond the
designated counties for eligible individuals over age 65.
Subd. 4. [LIMITATION OF CHOICE.] The commissioner shall
develop criteria to determine when limitation of choice may be
implemented in the experimental counties. The criteria shall
ensure that all eligible individuals in the county have
continuing access to the full range of medical assistance
services as specified in subdivision 6. Before limitation of
choice is implemented, eligible individuals shall be notified
and after notification, shall be allowed to choose only among
demonstration providers. After initially choosing a provider,
the recipient is allowed to change that choice only at specified
times as allowed by the commissioner.
Subd. 5. [PROSPECTIVE PER CAPITA PAYMENT.] The project
advisory committees with the commissioner shall establish the
method and amount of payments for services. The commissioner
shall annually contract with demonstration providers to provide
services consistent with these established methods and amounts
for payment. Notwithstanding section 62D.02, subdivision 1,
payments for services rendered as part of the project may be
made to providers that are not licensed health maintenance
organizations on a risk-based, prepaid capitation basis.
If allowed by the commissioner, a demonstration provider
may contract with an insurer, health care provider, nonprofit
health service plan corporation, or the commissioner, to provide
insurance or similar protection against the cost of care
provided by the demonstration provider or to provide coverage
against the risks incurred by demonstration providers under this
section. The recipients enrolled with a demonstration provider
are a permissible group under group insurance laws and chapter
62C, the Nonprofit Health Service Plan Corporations Act. Under
this type of contract, the insurer or corporation may make
benefit payments to a demonstration provider for services
rendered or to be rendered to a recipient. Any insurer or
nonprofit health service plan corporation licensed to do
business in this state is authorized to provide this insurance
or similar protection.
Payments to providers participating in the project are
exempt from the requirements of sections 256.966 and 256B.03,
subdivision 2. The commissioner shall complete development of
capitation rates for payments before delivery of services under
this section is begun.
Subd. 6. [SERVICE DELIVERY.] Each demonstration provider
shall be responsible for the health care coordination for
eligible individuals. Demonstration providers:
(a) Shall authorize and arrange for the provision of all
needed health services including but not limited to the full
range of services listed in section 256B.02, subdivision 8, in
order to ensure appropriate health care is delivered to
enrollees;
(b) Shall accept the prospective, per capita payment from
the commissioner in return for the provision of comprehensive
and coordinated health care services for eligible individuals
enrolled in the program;
(c) May contract with other health care and social service
practitioners to provide services to enrollees; and
(d) Shall institute recipient grievance procedures
according to the method established by the project, utilizing
applicable requirements of chapter 62D. Disputes not resolved
through this process shall be appealable to the commissioner as
provided in subdivision 11.
Subd. 7. [ENROLLEE BENEFITS.] All eligible individuals
enrolled by demonstration providers shall receive all needed
health care services as defined in subdivision 6.
All enrolled individuals have the right to appeal if
necessary services are not being authorized as defined in
subdivision 11.
Subd. 8. [PREADMISSION SCREENING WAIVER.] Except as
applicable to the project's operation, the provisions of section
256B.091 are waived for the purposes of this section for
recipients enrolled with demonstration providers.
Subd. 9. [REPORTING.] Each demonstration provider shall
submit information as required by the commissioner, including
data required for assessing client satisfaction, quality of
care, cost, and utilization of services for purposes of project
evaluation. Required information shall be specified before the
commissioner contracts with a demonstration provider.
Subd. 10. [INFORMATION.] Notwithstanding any law or rule
to the contrary, the commissioner may allow disclosure of the
recipient's identity solely for the purposes of (a) allowing
demonstration providers to provide the information to the
recipient regarding services, access to services, and other
provider characteristics, and (b) facilitating monitoring of
recipient satisfaction and quality of care. The commissioner
shall develop and implement measures to protect recipients from
invasions of privacy and from harassment.
Subd. 11. [APPEALS.] A recipient may appeal to the
commissioner a demonstration provider's delay or refusal to
provide services. The commissioner shall appoint a panel of
health practitioners, including social service practitioners, as
necessary to determine the necessity of services provided or
refused to a recipient. The deliberations and decisions of the
panel replace the administrative review process otherwise
available under chapter 256B. The panel shall follow the time
requirements and other provisions of the Code of Federal
Regulations, title 42, sections 431.200 to 431.246. The time
requirements shall be expedited based on request by the
individual who is appealing for emergency services. If a
service is determined to be necessary and is included among the
benefits for which a recipient is enrolled, the service must be
provided by the demonstration provider as specified in
subdivision 5. The panel's decision is a final agency action
that may be appealed under the contested case provisions of
chapter 14.
Sec. 28. [256B.70] [DEMONSTRATION PROJECT WAIVER.]
Each hospital that participates as a provider in a
demonstration project, established by the commissioner of public
welfare to deliver medical assistance services on a prepaid,
capitation basis, is exempt from the prospective payment system
for inpatient hospital service during the period of its
participation in that project.
Sec. 29. Minnesota Statutes 1982, section 256D.03,
subdivision 3, is amended to read:
Subd. 3. [GENERAL ASSISTANCE MEDICAL CARE; ELIGIBILITY.]
State aid shall be paid to local agencies or counties for 90
percent of the cost of general assistance medical care paid by
the local agency or county pursuant to section 256D.02,
subdivision 4a on behalf of persons eligible according to
standards established by the commissioner of public welfare in
accordance with the rates established by rule of the
commissioner. Persons eligible for benefits under sections
256D.01 to 256D.21 and persons not eligible for federal health
care benefits whose nonexempt property, as determined according
to medical assistance standards, has an equity value no greater
than $1,000 and whose income is not in excess of the medical
assistance standards shall be eligible for general assistance
medical care and have free choice in the selection of a vendor
of the medical care. Any local agency or county may, from its
own resources, make payments for medical care for persons not
otherwise eligible for the care pursuant to standards
established by the commissioner. Persons with excess income and
resources may qualify for benefits under this subdivision by
spending down. Treatment of income and resources in calculation
of the spenddown shall be the same as in the medical assistance
program pursuant to chapter 256B.
The commissioner of public welfare shall promulgate rules
to establish administrative and fiscal procedures for payment of
the state share of the medical costs incurred by the counties
under section 256D.02, subdivision 4a. The rules may include:
(a) procedures by which state liability for the costs of
medical care incurred pursuant to section 256D.02, subdivision
4a may be deducted from county liability to the state under any
other public assistance program authorized by law;
(b) procedures for processing claims of counties for
reimbursement by the state for expenditures for medical care
made by the counties pursuant to section 256D.02, subdivision 4a;
(c) procedures by which the local agencies may contract
with the commissioner of public welfare for state administration
of general assistance medical care payments;
(d) standards of eligibility, utilization of services and
payment levels which shall conform to those of medical
assistance pursuant to chapter 256B; and
(e) general criteria and procedures for the identification
and prompt investigation of suspected fraud, theft, abuse,
presentment of false or duplicate claims, presentment of claims
for services not medically necessary, or false statements or
representations of material facts by a vendor of general
assistance medical care, and for the imposition of sanctions
against such vendor of medical care. The rules relating to
sanctions shall be consistent with the provisions of section
256B.064, subdivisions 1a to 2.
Sec. 30. Minnesota Statutes 1982, section 256D.03,
subdivision 4, is amended to read:
Subd. 4. [GENERAL ASSISTANCE MEDICAL CARE; SERVICES.] (a)
Notwithstanding the provisions of sections 256D.01 to 256D.21
and 261.23, or any other law to the contrary, for the biennium
ending June 30, 1983, state aid shall be paid to local agencies
or counties for 90 percent of general assistance medical care
paid by the local agency or county on behalf of persons eligible
for general assistance or persons meeting the income and
resource criteria established in the program for aid to families
with dependent children. Nothing in this provision shall be
construed to modify the spenddown required in appropriate cases
for general assistance medical care. Reimbursement for medical
care provided under sections 256D.01 to 256D.21 or 261.23 under
the general assistance medical care program shall be limited to
the following categories of service only: inpatient hospital
care, outpatient hospital care, services provided by medicare
certified rehabilitation agencies, prescription drugs,
eyeglasses and eye examinations provided by a physician or
optometrist, physician's services, medical transportation, and
dental care. In addition, payments of state aid shall be made
for day treatment services provided by a mental health center
established under sections 245.61 to 245.69, subdivision 1, and
funded through chapter 256E and for prescribed medications for
persons who have been diagnosed as mentally ill as necessary to
prevent more restrictive institutionalization.
(b) At the option of In order to contain costs, the county
board and shall, with the approval of the commissioner of public
welfare, reimbursement for inpatient hospital care, outpatient
hospital care, and prescription drugs may be limited to
designated select vendors of medical care providers who can
provide the most economical care consistent with high medical
standards and may contract with organizations on a prepaid
capitation basis to provide these services. The commissioner
shall encourage county boards to submit proposals for
demonstration projects designed to provide services in an
economical manner or to control utilization, with safeguards to
ensure that necessary services are provided. Payment for
services provided pursuant to this subdivision shall be as
provided to medical assistance vendors of these services under
section 256B.02, subdivision 8, except that where counties enter
into prepaid capitation agreements, payments shall be as
provided in section 256.966, subdivision 2.
(c) The commissioner of public welfare may reduce payments
provided under sections 256D.01 to 256D.21 and 261.23 in order
to remain within the amount appropriated for general assistance
medical care, within the following restrictions. For the period
July 1, 1983 to June 30, 1984, reductions below the cost per
service unit allowable under section 256.966, shall be are
permitted only as follows: payments for inpatient and
outpatient hospital care provided in response to a primary
diagnosis of chemical dependency or mental illness may be
reduced no more than 45 percent; payments for all other
inpatient hospital care may be reduced no more than 35 percent.
Reductions below the payments allowable under section 256.967
for the remaining general assistance medical care services
allowable under this provision subdivision may be reduced no
more than 25 percent. For the period July 1, 1984 to June 30,
1985, reductions below the cost per service unit allowable under
section 256.966 are permitted only as follows: payments for
inpatient and outpatient hospital care provided in response to a
primary diagnosis of chemical dependency or mental illness may
be reduced no more than 30 percent; payments for all other
inpatient hospital care may be reduced no more than 20 percent.
Reductions below the payments allowable under section 256.967
for the remaining general assistance medical care services
allowable under this subdivision may be reduced no more than ten
percent. There shall be no copayment required of any recipient
of benefits for any services provided under this subdivision.
(d) If the commissioner or county refuses to pay all or
part of the charge for a health service, they shall not be
liable for the unpaid portion of the charge. Any county may,
from its own resources, provide medical payments for which state
payments are not made.
Sec. 31. Minnesota Statutes 1982, section 256D.03, is
amended by adding a subdivision to read:
Subd. 5. [CERTAIN LOCAL AGENCIES TO PAY STATE FOR COUNTY
SHARE.] The local agencies that contract with the commissioner
of public welfare for state administration of general assistance
medical care payments shall make payment to the state for the
county share of those payments in the manner described for
medical assistance advances in section 256B.041, subdivision 5.
Sec. 32. Minnesota Statutes 1982, section 256D.03, is
amended by adding a subdivision to read:
Subd. 6. [DIVISION OF COSTS.] The state shall pay 90
percent of the cost of general assistance medical care paid by
the local agency or county pursuant to this section. However,
for counties who contract with health maintenance organizations
or other providers to deliver services under a prepaid
capitation agreement, the state shall pay 95 percent of the cost
per person enrolled.
Sec. 33. Minnesota Statutes 1982, section 256D.03, is
amended by adding a subdivision to read:
Subd. 7. [DUTIES OF THE COMMISSIONER.] The commissioner
shall promulgate temporary and permanent rules as necessary to
establish:
(a) standards of eligibility, utilization of services, and
payment levels;
(b) standards for quality assurance, surveillance, and
utilization review procedures that conform to those established
for the medical assistance program pursuant to chapter 256B,
including general criteria and procedures for the identification
and prompt investigation of suspected fraud, theft, abuse,
presentment of false or duplicate claims, presentment of claims
for services not medically necessary, or false statements or
representations of material facts by a vendor of general
assistance medical care, and for the imposition of sanctions
against such vendor of medical care. The rules relating to
sanctions shall be consistent with the provisions of section
256B.064, subdivisions 1a and 2; and
(c) administrative and fiscal procedures for payment of the
state share of the medical costs incurred by the counties under
section 256D.02, subdivision 4a. Rules promulgated pursuant to
this clause may include: (1) procedures by which state
liability for the costs of medical care incurred pursuant to
section 256D.02, subdivision 4a may be deducted from county
liability to the state under any other public assistance program
authorized by law; (2) procedures for processing claims of
counties for reimbursement by the state for expenditures for
medical care made by the counties pursuant to section 256D.02,
subdivision 4a; and (3) procedures by which the local agencies
may contract with the commissioner of public welfare for state
administration of general assistance medical care payments.
Sec. 34. Minnesota Statutes 1982, section 260.191,
subdivision 2, is amended to read:
Subd. 2. [ORDER DURATION.] All orders under this section
shall be for a specified length of time set by the court not to
exceed one year. However, before the order has expired and upon
its own motion or that of any interested party, the court has
continuing jurisdiction to renew the order or shall, after
notice to the parties and a hearing, renew the order for another
year or make some other disposition of the case, until the
individual is no longer a minor. Any person to whom legal
custody is transferred shall report to the court in writing at
such periods as the court may direct.
Sec. 35. Minnesota Statutes 1982, section 260.242,
subdivision 2, is amended to read:
Subd. 2. [GUARDIAN'S RESPONSIBILITIES.] (a) A guardian
appointed under the provisions of subdivision 1 has legal
custody of his ward unless the court which appoints him gives
legal custody to some other person. If the court awards custody
to a person other than the guardian, the guardian nonetheless
has the right and responsibility of reasonable visitation,
except as limited by court order.
(b) The guardian may make major decisions affecting the
person of his ward, including but not limited to giving consent
(when consent is legally required) to the marriage, enlistment
in the armed forces, medical, surgical, or psychiatric
treatment, or adoption of the ward. When, pursuant to
subdivision 1, clause (a), the commissioner of public welfare is
appointed guardian, he may delegate to the welfare board of the
county in which, after the appointment, the ward resides, the
authority to act for him in decisions affecting the person of
his ward, including but not limited to giving consent to the
marriage, enlistment in the armed forces, medical, surgical, or
psychiatric treatment of the ward.
(c) A guardianship created under the provisions of
subdivision 1 shall not of itself include the guardianship of
the estate of the ward.
(d) If the ward is in foster care, the court shall, upon
its own motion or that of the guardian, conduct a dispositional
hearing within 18 months of the foster care placement and once
every two years thereafter to determine the future status of the
ward including, but not limited to, whether the child should be
continued in foster care for a specified period, should be
placed for adoption, or should, because of the child's special
needs or circumstances, be continued in foster care on a
permanent or long-term basis. When the court has determined
that the special needs of the ward are met through a permanent
or long-term foster care placement, no subsequent dispositional
hearings are required.
Sec. 36. Minnesota Statutes 1982, section 261.23, is
amended to read:
261.23 [COSTS OF HOSPITALIZATION.]
The costs of hospitalization of such indigent persons
exclusive of medical and surgical care and treatment shall not
exceed in amount the full rates fixed and charged by the
Minnesota general hospital under the provisions of sections
158.01 to 158.11 for the hospitalization of such indigent
patients. For indigent persons hospitalized pursuant to
sections 261.21 to 261.232, the state shall pay ninety percent
of the cost of the hospitalization of indigent persons under the
provisions of sections 261.21 to 261.232 shall be paid by the
state and ten percent allowable under the general assistance
medical care program and ten percent of the allowable cost of
hospitalization shall be paid by the county of the residence of
such the indigent persons at such the times as may be provided
for in such the contract; and in case of an injury or emergency
requiring immediate surgical or medical treatment, for a period
not to exceed 72 hours, 90 percent of the cost allowable under
the general assistance medical care program shall be paid by the
state and ten percent of the cost shall be paid by the county
from which such the patient, if indigent, is certified. State
payments for services rendered pursuant to this section shall be
rateably reduced to the same extent and during the same time
period as payments are reduced under section 256D.03,
subdivision 4, paragraph (c). If the county of residence of the
patient is not the county in which the patient has legal
settlement for the purposes of poor relief, then the county of
residence may seek reimbursement from the county in which the
patient has settlement for the purposes of poor relief for all
costs it has necessarily incurred and paid in connection with
the hospitalization of said patient.
Sec. 37. [LEGISLATIVE AUDIT COMMISSION STUDY.]
The legislative audit commission shall consider an
evaluation of the feasibility, costs, benefits, and related
issues associated with the state assuming the powers, duties and
responsibilities of the fiscal intermediary for the medicare
program under United States Code, title 42, sections 1395 to
1395xx. The commission shall make any recommendations it deems
appropriate to the legislature and the governor no later than
January 15, 1984.
Sec. 38. [256B.503] [RULES.]
The commissioner of public welfare may promulgate temporary
and permanent rules as necessary to implement sections 5, 6, 8,
29, 30, 32, 33, and 36. The commissioner shall promulgate
temporary and permanent rules to establish standards and
criteria for deciding which medical assistance services require
prior authorization and for deciding whether a second medical
opinion is required for an elective surgery. The commissioner
shall promulgate permanent and temporary rules as necessary to
establish the methods and standards for determining
inappropriate utilization of medical assistance services.
The commissioner of public welfare shall adopt temporary
rules which meet the requirements of sections 14.29 to 14.36 for
the medical assistance demonstration project. Notwithstanding
the provisions of section 14.35, the temporary rules promulgated
to implement section 27 shall be effective for 360 days and may
be continued in effect for an additional 900 days if the
commissioner gives notice by publishing a notice in the state
register and mailing notice to all persons registered with the
commissioner to receive notice of rulemaking proceedings in
connection with the project. The temporary rules shall not be
effective beyond December 31, 1986, without meeting the
requirements of sections 14.13 to 14.20.
Sec. 39. [APPLICATION; MAXIMUM RATE INCREASE.]
The prospective payment system for inpatient hospital
service shall be applied, beginning July 1, 1983, to hospitals
with a fiscal year beginning on that date. Each remaining
hospital shall continue to be paid on a cost per case basis,
limited to a maximum increase of five percent per state fiscal
year, until the first date of its first full fiscal year that
begins after July 1, 1983; on and after that date it shall be
paid through the prospective payment system.
Sec. 40. [REPEALER.]
Sections 27 and 28 are repealed effective July 1, 1985, if
the project implementation phase has not begun by that date.
Sec. 41. [EFFECTIVE DATE.]
Sections 1 to 5, 8 to 12, 16, 17, 19 to 28, 34, 35, 37, and
38 are effective the day following final enactment. Sections
29, 32, 33, and 36 are effective October 1, 1983. Sections 13,
14, and 31 are effective July 1, 1984.
ARTICLE 6
JOB TRAINING
Section 1. [268.60] [PURPOSE.]
It is the purpose of sections 1 to 5 to provide financial
assistance for comprehensive job training and related services
for economically disadvantaged, unemployed, and underemployed
individuals through opportunities industrialization centers.
Sec. 2. [268.61] [DEFINITIONS.]
Subdivision 1. [SCOPE.] When used in sections 1 to 5 the
terms in this section have the meanings given them.
Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of economic security.
Subd. 3. [COUNCIL.] "Council" means the Minnesota state
council of the opportunities industrialization centers of
America.
Subd. 4. [ECONOMICALLY DISADVANTAGED.] "Economically
disadvantaged" means an individual who meets the criteria for an
economically disadvantaged person established by rule by the
commissioner.
Subd. 5. [UNDEREMPLOYED.] "Underemployed" means an
individual:
(a) Working part-time but seeking full-time work; or
(b) Working full-time but receiving wages below the greater
of:
(1) the poverty level determined in accordance with
criteria established by the department of economic security; or
(2) 70 percent of the lower living standard income level as
determined by the United States bureau of labor statistics.
Subd. 6. [UNEMPLOYED.] "Unemployed" means an individual
who is without a job, and who wants and is available for work.
Sec. 3. [268.62] [DISTRIBUTION AND USE OF STATE MONEY.]
The commissioner shall distribute the money appropriated
for:
(a) comprehensive job training and related services or job
opportunities programs for economically disadvantaged,
unemployed, and underemployed individuals, including persons of
limited English speaking ability, through opportunities
industrialization centers; and
(b) the establishment and operation in Minnesota of these
centers.
Comprehensive job training and related services include:
recruitment, counseling, remediation, motivational pre-job
training, vocational training, job development, job placement,
and other appropriate services enabling individuals to secure
and retain employment at their maximum capacity.
Sec. 4. [268.63] [CRITERIA FOR DISTRIBUTION OF MONEY.]
The commissioner, with the advice of the council, shall
establish criteria for the distribution of state money for the
purpose of section 3. The criteria shall include requirements
that:
(a) the program receiving state assistance:
(1) involve residents in the area to be served by the
program in the planning and operation of the program; and
(2) involve the business community in the area to be served
by the program in its development and operation;
(b) the distribution of assistance among areas within the
state be equitable, with priority being given to areas with high
unemployment or underemployment;
(c) financial assistance under sections 1 to 5 to any
program may not exceed 25 percent of the cost of the program
including costs of administration; and
(d) a program receiving financial assistance has adequate
internal administrative controls, accounting procedures,
personnel standards, evaluation procedures, availability of
in-service training and technical assistance programs, and other
policies necessary to promote the effective use of state money.
The commissioner may make a distribution in excess of the
limit prescribed in clause (c) if the commissioner determines
that the excess distribution is necessary to further the
objectives of sections 1 and 3.
Sec. 5. [268.64] [MONEY DISTRIBUTION.]
The commissioner may make a distribution of money directly
to a program, or make a distribution subject to conditions that
ensure use consistent with the distribution and utilization of
money under federal legislation regarding job training and
related services.
ARTICLE 7
EMERGENCY JOBS PROGRAM
Section 1. [268.671] [CITATION.]
Sections 1 to 16 may be cited as the "Minnesota Emergency
Employment Development (MEED) Act."
Sec. 2. [268.672] [DEFINITIONS.]
Subdivision 1. [TERMS.] For the purposes of sections 1 to
16, the following terms have the meanings given them.
Subd. 2. [COORDINATOR.] "Coordinator" means the Minnesota
emergency employment development coordinator appointed under
section 4.
Subd. 3. [ELIGIBLE BUSINESS.] "Eligible business" means a
for-profit business.
Subd. 4. [ELIGIBLE EMPLOYER.] "Eligible employer" means an
eligible government agency, an eligible nonprofit agency, or an
eligible business.
Subd. 5. [ELIGIBLE GOVERNMENT AGENCY.] "Eligible
government agency" means a county, municipality, school
district, or other local governmental subdivision, a state
agency, or a federal agency office in Minnesota.
Subd. 6. [ELIGIBLE JOB APPLICANT.] "Eligible job
applicant" means a person who: (1) has been a resident of this
state for at least one month, (2) is unemployed, (3) is not
receiving and is not qualified to receive unemployment
compensation or workers' compensation, and (4) is determined by
the employment administrator to be likely to be available for
employment by an eligible employer for the duration of the job.
Subd. 7. [ELIGIBLE NONPROFIT AGENCY.] "Eligible nonprofit
agency" means an organization exempt from taxation under the
Internal Revenue Code of 1954, section 501(c)(3), as amended
through December 31, 1982.
Subd. 8. [EMPLOYMENT ADMINISTRATOR.] "Employment
administrator" means the administrative entity designated by the
coordinator to administer the provisions of this act in each
service delivery area. The coordinator may designate an
administrative entity authorized under the Job Training
Partnership Act or its predecessor administrative entity
authorized under United States Code, title 29, section 801, et
seq., or a job training or placement agency with proven
effectiveness.
Subd. 9. [HOUSEHOLD.] "Household" means a group of persons
living at the same residence consisting of, at a maximum,
spouses and the minor children of each.
Subd. 10. [JOB TRAINING PARTNERSHIP ACT.] "Job Training
Partnership Act" means the federal Job Training Partnership Act
of 1982 (JTPA), Statutes at Large, volume 92, page 1322.
Subd. 11. [PROGRAM.] "Program" means the Minnesota
emergency employment development program created by sections 1
to 16 consisting of temporary work relief projects in the
government and nonprofit agencies and new job creation in the
private sector.
Subd. 12. [SERVICE DELIVERY AREA.] "Service delivery area"
means an area designated as a service delivery area by the
coordinator.
Sec. 3. [268.673] [MINNESOTA EMERGENCY EMPLOYMENT
DEVELOPMENT COORDINATOR.]
Subdivision 1. [APPOINTMENT.] The governor shall appoint a
Minnesota emergency employment development coordinator to
administer the provisions of sections 1 to 16. The coordinator
shall be within the department of economic security, but shall
be responsible directly to the governor. The coordinator shall
have the powers necessary to carry out the purposes of the
program.
Subd. 2. [RESPONSIBILITIES.] The coordinator shall:
(a) Obtain an inventory of community needs from each local
governmental subdivision and compile a statewide inventory of
needs within 30 days after his appointment;
(b) Enter into a contract with one or more employment
administrators in each service delivery area;
(c) Review the emergency employment development plan
submitted by the employment administrator of each service
delivery area and approve satisfactory plans. If an employment
administrator submits an unsatisfactory plan, the coordinator
shall assist the employment administrator in developing a
satisfactory one;
(d) Coordinate the program with other state agencies;
(e) Coordinate administration of the program with the
general assistance program;
(f) Set policy regarding disbursement of program funds; and
(g) Perform general program marketing and monitoring
functions.
Subd. 3. [DEPARTMENT OF ECONOMIC SECURITY.] The
coordinator shall administer the program within the department
of economic security. The commissioner of economic security
shall provide administrative support services to the coordinator
for the purposes of the program.
Subd. 4. [ENFORCEMENT.] (a) The coordinator shall ensure
that all eligible employers and employment administrators comply
with sections 1 to 16 and all other applicable state and federal
laws, including those relating to: (1) affirmative action; (2)
occupational health and safety standards; (3) environmental
standards; and (4) fair labor practices.
(b) The coordinator may:
(1) make public or private investigations within or without
this state necessary to determine whether any person has
violated or is about to violate sections 1 to 16, a contract
entered into under them, or any rule or order adopted under
them, or to aid in the enforcement of sections 1 to 16 or in
rules and forms adopted under them;
(2) require or permit any person to file a written
statement under oath or otherwise, as the commissioner
determines, as to all the facts and circumstances concerning the
matter being investigated;
(3) publish information contained in any order issued by
the coordinator;
(4) hold hearings, upon reasonable notice, on any matter
arising out of the administration of sections 1 to 16; and
(5) conduct investigations and hold hearings for the
purpose of compiling information with a view to recommending
changes in sections 1 to 16 to the legislature.
(c) The attorney general shall assign from his staff one or
more assistant attorneys general to the coordinator and shall
conduct all proceedings involving the violation of sections 1 to
16 and all other enforcement proceedings.
(d) Whenever it appears to the coordinator that any person
has violated a provision of sections 1 to 16, a contract entered
into under them, or a rule or order adopted under them:
(1) He may issue and cause to be served upon the person an
order requiring the person to cease and desist from the
violation. The order must be calculated to give reasonable
notice of the right of the person to request a hearing on it and
must state the reasons for the entry of the order. A hearing
must be held not later than seven days after a request for the
hearing is received by the coordinator, after which and within
20 days of the date of the hearing the coordinator shall issue a
further order vacating the cease and desist order or making it
permanent as the facts require. If no hearing is requested
within 30 days of service of the order, the order becomes final
and remains in effect until it is modified or vacated by the
coordinator. If the person to whom a cease and desist order is
issued fails to appear at the hearing after being duly notified,
the person shall be deemed in default, and the proceeding may be
determined against him upon consideration of the cease and
desist order, the allegations of which may be deemed to be true;
(2) He may bring an action in the district court of the
appropriate county to enjoin the violation and to enforce
compliance with the provisions of sections 1 to 16, a contract
entered into under them, or any rule or order adopted under
them, and he may refer the matter to the attorney general. Upon
a proper showing, a permanent or temporary injunction,
restraining order, or writ of mandamus shall be granted. The
court may not require the coordinator to post a bond.
Any injunction proceeding under the provisions of sections
1 to 16 may be brought on for hearing and disposition upon an
order to show cause returnable upon not more than eight days
notice to the defendant. The case has precedence over other
cases upon the court calendar and may not be continued without
the consent of the state, except upon good cause shown to the
court, and then only for a reasonable length of time necessary
in the opinion of the court to protect the rights of the
defendant.
Subd. 5. [REPORT TO GOVERNOR AND LEGISLATURE.] The
coordinator shall report to the legislative advisory commission
and the governor on a quarterly basis: (1) the number of
persons employed; (2) the number and type of employers under the
program; (3) the amount of money spent in each service delivery
area for wages for each type of employment and each type of
other expense; (4) the number of persons who have completed
participation in the program and their current employment,
educational, or training status; and (5) any other information
requested by the commission or the governor or deemed pertinent
by the coordinator.
Subd. 6. [RULES.] The commissioner of economic security
may adopt rules necessary to implement this article. These
rules are not subject to chapter 14, the Administrative
Procedure Act.
Sec. 4. [268.674] [MINNESOTA EMERGENCY EMPLOYMENT
DEVELOPMENT TASK FORCE.]
Subdivision 1. [CREATION.] There is created a Minnesota
emergency employment development task force to advise the
coordinator in the administration of sections 1 to 16.
Subd. 2. [MEMBERSHIP.] The task force shall consist of
nine members as follows: the coordinator, the commissioner of
economic security, the commissioner of energy and economic
development, the commissioner of labor and industry, the
commissioner of public welfare, a representative of labor, a
representative of business, a representative of nonprofit
employers, and an employment administrator. The coordinator
shall be the chairman and shall appoint the noncommissioner
members.
Subd. 3. [TERMS; COMPENSATION; REMOVAL.] The terms,
compensation, and removal of the noncommissioner members are
governed by section 15.059.
Subd. 4. [MEETINGS.] The task force shall meet at the call
of the coordinator.
Sec. 5. [268.675] [ALLOCATION OF FUNDS AMONG SERVICE
DELIVERY AREAS.]
(a) Ninety percent of the funds available for allocation to
employment administrators for the program must be allocated
among service delivery areas as follows: each service delivery
area shall be eligible to receive that proportion of the funds
available which equals the number of unemployed persons in the
service delivery area divided by the total number of unemployed
persons in the state for the 12-month period ending the most
recent March 31.
(b) Ten percent of the funds available for allocation to
employment administrators under the program must be allocated at
the discretion of the coordinator to employment administrators:
(1) who will maximize the use of the funds through
coordination with other programs and state, local, and federal
agencies, through the use of matching funds or through the
involvement of low-income constituent groups;
(2) who have demonstrated need beyond the allocation
available under clause (1); or
(3) who have demonstrated outstanding performance in job
creation.
Sec. 6. [268.676] [ALLOCATION WITHIN SERVICE DELIVERY
AREAS; PRIORITIES.]
Subdivision 1. [AMONG JOB APPLICANTS.] Allocation of funds
among eligible job applicants within a service delivery area
shall be determined by the employment administrator in each
service delivery area. The employment administrator shall give
priority to:
(1) applicants living in households with no other income
source; and
(2) applicants who would otherwise be eligible to receive
general assistance under Minnesota Statutes 1980, section
256D.05.
Subd. 2. [AMONG EMPLOYERS.] Allocation of funds among
eligible employers within a service area shall be determined by
the employment administrator within each service delivery area
according to the priorities in sections 10 and 11. The
employment administrator shall give priority to funding private
sector jobs to the extent that eligible businesses apply for
funds. If possible, no more than 60 percent of the funds may be
allocated for jobs with eligible government and nonprofit
agencies during the biennium.
Subd. 3. [AMONG EMPLOYMENT ADMINISTRATORS.] If the
coordinator designates more than one employment administrator in
a service delivery, the coordinator shall determine the
allocation of funds to be distributed by each employment
administrator in the service delivery area.
Sec. 7. [268.677] [USE OF FUNDS.]
Funds appropriated for the purposes of sections 1 to 16 may
be used as follows:
(a) To provide a state contribution for wages and fringe
benefits for eligible job applicants for a maximum of 1,040
hours over a maximum period of 26 weeks per job applicant. For
eligible job applicants participating in a job training program,
the state contribution for wages may be used for a maximum
period of 52 weeks per job applicant. The state contribution
for wages shall be up to $4 per hour for each eligible job
applicant employed. The state contribution for fringe benefits
may be up to $1 per hour for each eligible job applicant
employed. However, the employer may use funds from other
sources to provide increased wages to the applicants it
employs. At least 75 percent of the funds appropriated for the
program must be used to pay wages for eligible job applicants;
(b) To reimburse the commissioner of economic security in
an amount not to exceed one percent of the funds appropriated
for the actual cost of administering sections 1 to 16, and to
reimburse the employment administrators in an amount not to
exceed 4-1/2 percent of the funds appropriated for their actual
cost of administering sections 1 to 16. The commissioner of
economic security and the employment administrators shall
reallocate funds from other sources to cover the administrative
costs of this program whenever possible;
(c) To provide child care services or subsidies to
applicants employed under sections 1 to 16;
(d) To provide workers' compensation coverage to applicants
employed by government or nonprofit agencies under sections 1 to
16;
(e) To provide job search assistance, labor market
orientation, job seeking skills, and referral for other services;
(f) To purchase supplies and materials for projects
creating permanent improvements to public property in an amount
not to exceed one percent of the funds appropriated.
The employment administrator of each service delivery area
shall submit to the coordinator a spending plan establishing
that funds allocated to the service delivery area will be used
by October 1, 1984, in the manner required by sections 1 to 16.
Any funds allocated to the service delivery area for which there
is no spending plan approved by the coordinator shall cancel
back to the Minnesota emergency employment development account
and may be reallocated by the coordinator to other employment
administrators.
Sec. 8. [268.678] [EMPLOYMENT ADMINISTRATORS; POWERS AND
DUTIES.]
Subdivision 1. [IN GENERAL.] The employment administrator
for each service delivery area has the powers and duties given
in this section and any additional duties given by the
coordinator.
Subd. 2. [EMPLOYMENT PLAN.] Each employment administrator
shall develop an emergency employment development plan for his
service delivery area under guidelines developed by the
coordinator and submit it to the coordinator within the period
allowed by the coordinator. To the extent feasible, the
employment administrator shall seek input from potential
eligible employers and the public.
Subd. 3. [OUTREACH.] Each employment administrator shall
publicize the program within his service delivery area to seek
maximum participation by eligible job applicants and employers.
Subd. 4. [CONTRACTS.] Each employment administrator shall
enter into contracts with eligible employers setting forth the
terms of their participation in the program as required by
sections 1 to 16.
Subd. 5. [SCREENING AND COORDINATION.] Each employment
administrator shall screen job applicants and employers to
achieve the best possible placement of eligible job applicants
with eligible employers.
Subd. 6. [ELIGIBLE JOB APPLICANT PRIORITY LISTS.] Each
employment administrator shall maintain a list of eligible job
applicants unable to secure employment under the program at the
time of application. The list shall prioritize eligible job
applicants and shall be used to fill jobs with eligible
employers as they become available.
Subd. 7. [COORDINATION OF EDUCATION AND TRAINING
PROGRAMS.] Each employment administrator shall cooperate with
local educational and training institutions to coordinate and
publicize the availability of their resources to assure that
applicants may receive training needed before or while employed
in jobs which are available under the program.
Subd. 8. [MATERIALS.] Each employment administrator may
disburse funds not to exceed one percent of the amount allocated
to his service delivery area for the purchase of supplies and
materials for projects creating permanent improvements to public
property.
Sec. 9. [268.679] [DUTIES OF OTHER AGENCIES.]
Subdivision 1. [ENERGY AND ECONOMIC DEVELOPMENT
AUTHORITY.] The energy and economic development authority shall
publicize the Minnesota emergency employment development program
and shall provide staff assistance as requested by employment
administrators in the screening of businesses and the collection
of data to the extent feasible under its existing budget and
staff complement.
Subd. 2. [EDUCATION AGENCIES.] The state board for
vocational education shall review its policies for
post-secondary vocational education to ensure that the programs
serve the training needs of economically disadvantaged persons.
Education programs shall attempt to provide training that will
help individuals to obtain and retain employment. The training
may include customized short-term training, basic skills
training, programs to develop work habits, and other services
designed for eligible job applicants and persons employed under
sections 1 to 16. Examples of education programs include, but
are not limited to adult vocational programs, adult basic or
continuing education, area vocational-technical institutes,
colleges, secondary education programs, and private and
proprietary schools.
Subd. 3. [DEPARTMENT OF PUBLIC WELFARE.] The commissioner
of public welfare shall provide to each employment administrator
lists of currently licensed local day care facilities, updated
quarterly, to be available to all persons employed under
sections 1 to 16.
Sec. 10. [268.68] [ELIGIBLE GOVERNMENT AND NONPROFIT
AGENCY EMPLOYMENT.]
A government or nonprofit agency is an eligible employer
with respect to temporary work relief projects that are
determined by the employment administrator to have long-term
benefit to or are needed by the community including, but not
limited to, jobs in permanent public improvement projects,
residential or public building weatherization projects,
reforestation projects, mineland reclamation projects, planting
or tree trimming projects, soil conservation projects, natural
resource development projects, and community social service
programs such as child care and home health care.
Sec. 11. [268.681] [BUSINESS EMPLOYMENT.]
Subdivision 1. [ELIGIBLE BUSINESSES.] A business employer
is an eligible employer if it enters into a written contract,
signed and subscribed to under oath, with the employment
administrator in its service delivery area, containing
assurances that:
(a) funds received by a business shall be used only as
permitted under sections 1 to 16;
(b) the business has submitted a plan to the employment
administrator (1) describing the duties and proposed
compensation of each employee proposed to be hired under the
program; and (2) demonstrating that, with the funds provided
under sections 1 to 16, the business is likely to succeed and
continue to employ persons hired under the program;
(c) the business will use funds exclusively for
compensation and fringe benefits of eligible job applicants and
will provide employees hired with these funds with fringe
benefits and other terms and conditions of employment comparable
to those provided to other employees of the business who do
comparable work;
(d) the funds are necessary to allow the business to begin,
or to employ additional people, but not to fill positions which
would be filled even in the absence of funds from this program;
(e) the business will cooperate with the coordinator and
the employment administrator in collecting data to assess the
result of the program; and
(f) the business is in compliance with all applicable
affirmative action, fair labor, health, safety, and
environmental standards.
Subd. 2. [PRIORITIES.] In allocating funds among eligible
businesses, the employment administrator shall give priority to
businesses which best satisfy the following criteria:
(a) have a high potential for growth and long-term job
creation;
(b) are labor intensive;
(c) meet the definition of a small business as defined in
section 645.445;
(d) make high use of local and Minnesota resources;
(e) are under ownership of women and minorities;
(f) make high use of new technology;
(g) produce energy conserving materials or services or are
involved in development of renewable sources of energy; and
(h) have their primary place of business in Minnesota.
Subd. 3. [PAYBACK.] A business receiving funds under this
program shall repay 70 percent of the amount initially received
for each eligible job applicant employed, if the employee does
not continue in the employment of the business beyond the
six-month subsidized period. If the employee continues in the
employment of the business for one year or longer after the
six-month subsidized period, the business need not repay any of
the funds received for that employee's wages. If the employee
continues in the employment of the business for a period of less
than one year after the expiration of the six-month subsidized
period, the business shall receive a proportional reduction in
the amount it must repay. If an employer dismisses an employee
for good cause and works in good faith with the program
administrator to employ and train another person referred by the
employment administrator, the payback formula shall apply as if
the original person had continued in employment.
A repayment schedule shall be negotiated and agreed to by
the employment administrator and the business prior to the
disbursement of the funds and is subject to renegotiation. The
employment administrator shall forward payments received under
this subdivision to the coordinator on a monthly basis. The
coordinator shall deposit these payments in the Minnesota
emergency employment development account created by subdivision
4.
Subd. 4. [MINNESOTA EMERGENCY EMPLOYMENT DEVELOPMENT
ACCOUNT.] The Minnesota emergency employment development account
is created in the state treasury. All payments from businesses
pursuant to subdivision 3 shall be deposited in this account,
and all funds in the account are appropriated to the
commissioner of economic security for the purpose of making
disbursements pursuant to section 5.
Sec. 12. [268.682] [WORKER DISPLACEMENT PROHIBITED.]
Subdivision 1. [LAYOFFS; WORK REDUCTIONS.] An eligible
employer may not terminate, lay off, or reduce the working hours
of an employee for the purpose of hiring an individual with
funds available under sections 1 to 16.
Subd. 2. [HIRING DURING LAYOFFS.] An eligible employer may
not hire an individual with funds available under sections 1 to
16 if any other person is on layoff from the same or a
substantially equivalent job.
Subd. 3. [EMPLOYER CERTIFICATION.] In order to qualify as
an eligible employer, a government or nonprofit agency or
business must certify to the employment administrator that each
job created and funded under sections 1 to 16:
(a) will result in an increase in employment opportunities
over those which would otherwise be available;
(b) will not result in the displacement of currently
employed workers, including partial displacement such as
reduction in hours of nonovertime work, wages, or employment
benefits; and
(c) will not impair existing contracts for service or
result in the substitution of program funds for other funds in
connection with work that would otherwise be performed.
Sec. 13. [268.683] [WORK INCENTIVE DEMONSTRATION PROJECT.]
Subdivision 1. [AVAILABILITY OF PROGRAM.] In order to
maximize the opportunity for recipients of aid to families with
dependent children to take full advantage of the jobs created by
sections 1 to 16, the commissioner of public welfare shall
inform each applicant or recipient of the availability of this
program.
Subd. 2. [CHANGES IN STATE PLAN AND RULES; WAIVERS.] The
commissioner shall make changes in the state plan and rules, or
seek any waivers or demonstration authority necessary to
minimize the barriers to participation in the programs or to
employment. Changes shall be sought in the following areas,
including but not limited to: allowances, child care, work
expenses, the amount and duration of earning incentives, medical
care coverage, limitations on the hours of employment, and the
diversion of payments to wage subsidies. The commissioner shall
implement each change as soon as possible.
Subd. 3. [REFERRALS.] Persons required to register for the
work incentive program under section 256.736 or to register with
job services shall be referred to the program for the required
orientation, appraisal, and job search activities.
Subd. 4. [MEDICAL ASSISTANCE.] Participants shall receive
medical assistance and other benefits provided under the aid to
families with dependent children program according to the
applicable standards and any authority granted by the department
of health and human services.
Subd. 5. [RULES.] The commissioner of public welfare may
adopt rules, including temporary rules, for the implementation
of this section.
Sec. 14. [268.684] [WORK INCENTIVE FUNDS.]
Funds made available to the commissioner of economic
security for purposes of administration of the jobs program may
be used in part, at the discretion of the commissioner, to
ensure that persons eligible for or receiving income maintenance
grants have access to work and training programs.
Sec. 15. [268.685] [TERMINATION; NOTIFICATION.]
The commissioner of economic security shall immediately
terminate the Minnesota emergency employment development program
if and when none of the money appropriated under article 1,
section 3 remains. The commissioner of economic security shall
immediately notify the commissioner of public welfare of the
program's termination. The commissioner of public welfare shall
immediately notify each local agency referring recipients under
article 8, section 11 of the program's termination and require
the local agency to cease transferring recipients.
On the date the program is terminated, any balance
remaining in the Minnesota emergency employment development
account established under section 11, subdivision 4 shall cancel
to the general fund. Any payments received under section 11,
subdivisions 3 and 4 on or after that date shall be deposited in
the general fund.
Sec. 16. [268.686] [SUNSET.]
Sections 1 to 18 are repealed June 30, 1985.
Sec. 17. Minnesota Statutes 1982, section 15.61, is
amended to read:
15.61 [UNEMPLOYED AND UNDEREMPLOYED; EMPLOYMENT BY STATE
AND OTHER GOVERNMENTAL UNITS.]
Subdivision 1. The state of Minnesota, its departments,
agencies and instrumentalities, and any county, city, town,
school district or other body corporate and politic, may employ
unemployed and underemployed persons as defined in the federal
Emergency Employment Act of 1971, as amended, and Comprehensive
Employment and Training Act of 1973, as amended, and eligible
job applicants under sections 1 to 16 pursuant to the terms of
those acts.
Subd. 2. The provisions of Minnesota Statutes 1969,
Sections 197.455 to 197.48 and 43A.11 and any other law or
ordinance relating to preference in employment and promotion of
persons having served in the armed services, the provisions of
any law, rule or regulation, the provisions of any city charter
or any ordinance or resolution, or the provisions of any other
law or statute in conflict with the provisions of the federal
Emergency Employment Act of 1971, as amended, and Comprehensive
Employment and Training Act of 1973, as amended, and eligible
job applicants under sections 1 to 16 shall not be applicable to
the employment of the persons specified in subdivision 1.
Sec. 18. [SEVERABILITY.]
If the durational residency requirement authorized by
section 2, subdivision 6 is found to be unconstitutional and
void, the remaining provisions of the law shall remain valid.
Sec. 19. [EFFECTIVE DATE.]
Sections 1 to 18 are effective the day after final
enactment.
ARTICLE 8
GENERAL ASSISTANCE: GRANTS AND ALLOWANCES
Section 1. Minnesota Statutes 1982, section 13.46,
subdivision 2, is amended to read:
Subd. 2. [GENERAL.] Unless the data is summary data or a
statute specifically provides a different classification, data
on individuals collected, maintained, used or disseminated by
the welfare system is private data on individuals, and shall not
be disclosed except:
(a) Pursuant to section 13.05;
(b) Pursuant to a valid court order;
(c) Pursuant to a statute specifically authorizing access
to the private data;
(d) To an agent of the welfare system, including
appropriate law enforcement personnel, who are acting in the
investigation, prosecution, criminal or civil proceeding
relating to the administration of a program;
(e) To personnel of the welfare system who require the data
to determine eligibility, amount of assistance, and the need to
provide services of additional programs to the individual;
(f) To administer federal funds or programs; or
(g) Between personnel of the welfare system working in the
same program; or
(h) To the Minnesota department of economic security for
the purpose of monitoring the eligibility of the data subject
for unemployment compensation or for any employment or training
program administered by that agency, whether alone or in
conjunction with the welfare system.
Sec. 2. Minnesota Statutes 1982, section 268.12,
subdivision 12, is amended to read:
Subd. 12. [INFORMATION.] Except as hereinafter otherwise
provided, data gathered from any employing unit, employer or
individual pursuant to the administration of sections 268.03 to
268.24, and from any determination as to the benefit rights of
any individual shall be private data on individuals or nonpublic
data not on individuals as defined in section 13.02,
subdivisions 9 and 12 and shall not be disclosed except pursuant
to this subdivision or pursuant to a valid court order. This
private data may be disseminated to and used by the following
agencies without the consent of the subject of the data:
(a) State and federal agencies specifically authorized
access to the data by state or federal law;
(b) Any agency of this or any other state; or any federal
agency charged with the administration of an employment security
law or the maintenance of a system of public employment offices;
(c) Local human rights groups within the state which have
enforcement powers;
(d) The Minnesota department of revenue on an
interchangeable basis with the department of economic security
subject to the following restrictions and notwithstanding any
law to the contrary:
(1) The department of revenue may have access to department
of economic security data on individuals and employing units
only to the extent necessary for proper enforcement of tax laws;
and
(2) The department of economic security may have access to
department of revenue data pertaining only to individuals who
have claimed benefits under sections 268.03 to 268.24 and only
if the individuals are the subject of investigations based on
other information available to the department of economic
security. The data provided by the department of revenue shall
be limited to the amount of gross income earned by an
individual, the total amount of earnings from each employer and
the employers' names. Upon receipt of the data, the department
of economic security may not disseminate the data to any
individual or agency except in connection with a prosecution for
violation of the provisions of sections 268.03 to 268.24. This
clause shall not be construed to be a restriction on the
exchange of information pertaining to corporations or other
employing units to the extent necessary for the proper
enforcement of this chapter;
(e) Public and private agencies responsible for
administering publicly financed assistance programs for the
purpose of monitoring the eligibility of the program's
recipients;
(f) The department of labor and industry for the purpose of
determining the eligibility of the data subject;
(g) Local and state welfare agencies for monitoring the
eligibility of the data subject for assistance programs, or for
any employment or training program administered by those
agencies, whether alone, in combination with another welfare
agency, or in conjunction with the department of economic
security; and
(h) Local, state and federal law enforcement agencies for
the sole purpose of ascertaining the last known address and
employment location of the data subject, provided the data
subject is the subject of a criminal investigation.
Data on individuals, employers, and employing units which
are collected, maintained, or used by the department in an
investigation pursuant to section 268.18, subdivision 3 are
confidential as to data on individuals and protected nonpublic
data as defined in section 13.02, subdivisions 3 and 13 as to
nonindividual employers and employing units, and shall not be
disclosed except pursuant to statute or valid court order or to
a party named in a criminal proceeding, administrative or
judicial, for preparation of a defense.
Data on individuals, employers, and employing units which
are collected, maintained, or used by the department in the
adjudication of a separation or eligibility issue pursuant to
the administration of section 268.10, subdivision 2 are
confidential as to data on individuals and protected nonpublic
data as to nonindividual employers and employing units as
defined in section 13.02, subdivisions 3 and 13 and shall not be
disclosed except pursuant to the administration of section
268.10, subdivisions 3 to 8 or pursuant to a valid court order.
Aggregate data about employers compiled from individual job
orders placed with the department of economic security are
nonpublic data as defined in section 13.02, subdivision 9 if the
commissioner determines that divulging the data would result in
disclosure of the identity of the employer. The general
aptitude test battery and the nonverbal aptitude test battery as
administered by the department are also classified as nonpublic
data.
Data on individuals collected, maintained or created
because an individual applies for benefits or services provided
by the energy assistance and weatherization programs
administered by the department of economic security is private
data on individuals and shall not be disseminated except
pursuant to section 13.05, subdivisions 3 and 4.
Data gathered by the department pursuant to the
administration of sections 268.03 to 268.24 shall not be made
the subject or the basis for any suit in any civil proceedings,
administrative or judicial, unless the action is initiated by
the department.
Sec. 3. Minnesota Statutes 1982, section 256D.01,
subdivision 1, is amended to read:
Subdivision 1. [POLICY; STANDARDS OF ASSISTANCE.] The
objectives of sections 256D.01 to 256D.21 are to provide a sound
administrative structure for public assistance programs; to
maximize the use of federal funds money for public assistance
purposes; and to provide an integrated public assistance program
for those all persons in the state meeting the eligibility
criteria contained in this chapter without adequate income or
resources to maintain a subsistence reasonably compatible with
decency and health.
It is hereby declared to be the policy of this state that
persons unable to provide for themselves and not otherwise
provided for by law and who meet the eligibility requirements of
sections 256D.01 to 256D.21 shall be are entitled to receive
such grants of general assistance, within the time limits set
forth in this chapter as may be necessary to maintain a
subsistence reasonably compatible with decency and health. The
furnishing of such Providing this assistance and services is a
matter of public concern and a necessity in promoting the public
health and welfare.
A principal objective in providing general assistance shall
be is to provide for persons ineligible for federal programs who
are unable to provide for themselves. To achieve these aims,
the commissioner shall establish minimum standards of assistance
for general assistance. The minimum standard for cash payments
to recipients shall be: as to shelter and utilities, 100
percent of the actual need or state standards therefor, subject
to the maximum established for shelter in the aid to the blind,
aid to the disabled, and old age assistance programs in
December, 1973; and as to other budgetary items, 50 percent, of
those established for said items in the aid to the blind, aid to
the disabled, and old age assistance programs in December, 1973
of assistance determines the total amount of the general
assistance grant without separate standards for shelter,
utilities, or other needs and shall not be less than the
combined total of the minimum standards of assistance for
shelter and basic needs in effect on February 1, 1983. The
standards of assistance shall not be lower for a recipient
sharing a residence with another person unless that person is a
responsible relative of the recipient who is also eligible for
general assistance. The minimum standards of assistance shall
authorize the payment of rates negotiated by local agencies for
recipients living in a room and board arrangement. In order to
maximize the use of federal funds, the commissioner shall
promulgate regulations adopt rules, to the extent permitted by
federal law for eligibility for the emergency assistance program
under aid to families with dependent children, and under the
terms of sections 256D.01 to 256D.21 for general assistance, to
require the use of the emergency program under aid to families
with dependent children as the primary financial resource when
available. The commissioner shall provide by regulation rule
for the eligibility for general assistance of persons with
seasonal income, and may attribute seasonal income to other
periods not in excess of one year from receipt by an applicant
or recipient.
Sec. 4. Minnesota Statutes 1982, section 256D.02,
subdivision 4, is amended to read:
Subd. 4. [GENERAL ASSISTANCE.] "General assistance" means
cash payments to persons unable to provide themselves with a
reasonable subsistence compatible with decency and health and
who are not otherwise provided for under the laws of this state
or the United States. It shall include cash payments for goods,
shelter, fuel, food, clothing, light, necessary household
supplies, and personal need items. General assistance shall not
include payments for foster care, child welfare services, or
other social services. Vendor payments and vouchers may be made
issued only as provided for in section 256D.09.
Sec. 5. Minnesota Statutes 1982, section 256D.02, is
amended by adding a subdivision to read:
Subd. 8a. [JOBS PROGRAM ALLOWANCE.] An allowance received
pursuant to section 13 is unearned income under subdivision 8.
Sec. 6. Minnesota Statutes 1982, section 256D.05,
subdivision 1a, is amended to read:
Subd. 1a. [TEMPORARY STANDARDS.] Notwithstanding the
provisions of subdivision 1, from March 24, 1982 until June 30
to September 30, 1983, each person or family whose income and
resources are less than the standard of assistance established
by the commissioner, and who is not eligible for the federally
aided assistance programs of emergency assistance or aid to
families with dependent children, or any successor to those
programs, shall be eligible for and entitled to general
assistance if the person or family is:
(a) A person who is suffering from a permanent or temporary
illness, injury, or incapacity which is both medically certified
and prevents the person from engaging in suitable employment,
and who, if the medical certification establishes that the
illness, injury, or incapacity is temporary and recommends a
reasonable plan for rehabilitation, is following the plan;
(b) A person whose presence in the home on a substantially
continuous basis is required because of the certified illness or
incapacity of another member of the household;
(c) A person who has been placed in a licensed or certified
facility for purposes of physical or mental health or
rehabilitation, if the placement is based on illness or
incapacity, and is pursuant to a plan developed or approved by
the local agency through its director or designated
representative;
(d) A person who resides in a shelter facility described in
subdivision 3;
(e) A person who is or may be eligible for displaced
homemaker services, programs, or assistance under section 4.40.
In determining eligibility of the person for general assistance,
income received as a stipend shall be disregarded as provided in
section 4.40;
(f) A person who is unable to secure suitable employment
due to inability to communicate in the English language, and
who, if assigned to a language skills program by the local
agency, is participating in that program;
(g) A person not described in clause (a) or (c) who is
diagnosed by a licensed physician or licensed consulting
psychologist as mentally ill or mentally retarded;
(h) A person who is unable to secure suitable employment
due to a lack of marketable skills and who, if assigned to a
vocational counseling, vocational rehabilitation, or work
training program by the local agency, is participating in that
program. Eligibility for general assistance under clause (h) is
limited to five weeks per calendar year;
(i) A person who has an application pending for the program
of supplemental security income for the aged, blind and disabled
or has been terminated from that program and has an appeal from
that termination pending, and who has executed an interim
assistance authorization agreement pursuant to the provisions of
section 256D.06, subdivision 5; or
(j) A person who is unable to secure suitable employment
because his advanced age significantly affects his ability to
engage in substantial work. This clause is effective January 1,
1983.
The commissioner is authorized to adopt temporary rules as
necessary to implement this subdivision.
This subdivision is repealed July October 1, 1983.
Sec. 7. Minnesota Statutes 1982, section 256D.06,
subdivision 5, is amended to read:
Subd. 5. Any applicant, otherwise eligible for general
assistance and possibly eligible for maintenance benefits from
any other source shall be obligated to (a) make application for
those benefits within 30 days of the general assistance
application; and (b) execute an interim assistance authorization
agreement on a form as directed by the commissioner. If found
eligible for benefits from other sources, and a payment received
from another source relates to the period during which general
assistance was also being received, the recipient shall be
required to reimburse the local agency for the interim
assistance paid. Reimbursement shall not exceed the amount of
general assistance paid during the time period to which the
other maintenance benefits apply and shall not exceed the state
standard applicable to that time period. The commissioner shall
adopt rules, and may adopt temporary rules, authorizing local
agencies to retain from the amount recovered under an interim
assistance agreement 25 percent plus actual reasonable fees,
costs, and disbursements of appeals and litigation, of providing
special assistance to the recipient in processing the
recipient's claim for maintenance benefits from another source.
The money retained under this section shall be from the state
share of the recovery. The local agency may contract with
qualified persons to provide the special assistance. The rules
adopted by the commissioner shall include the methods by which
local agencies shall identify, refer, and assist recipients who
may be eligible for benefits under federal programs for the
disabled. This provision subdivision shall does not require
repayment of per diem payments made to shelters for battered
women pursuant to section 256D.05, subdivision 3.
Sec. 8. Minnesota Statutes 1982, section 256D.09,
subdivision 2, is amended to read:
Subd. 2. Notwithstanding the provisions of subdivision 1,
the commissioner shall provide by rule and regulation, and may
adopt temporary rules, for situations in which vouchers or
vendor payments may be made issued by local agencies because of
the inability of the recipient to manage his general assistance
grant for his own or family's benefit.
Sec. 9. Minnesota Statutes 1982, section 256D.09, is
amended by adding a subdivision to read:
Subd. 3. [EMPLOYMENT PAYMENTS BY GRANT DIVERSION.]
Notwithstanding the provisions of subdivision 1, the
commissioner may establish by rule or temporary rule a grant
diversion program for payment of all or a part of a recipient's
grant to a private, non-profit, or public employer who agrees to
employ the recipient. The commissioner shall design the program
to provide, to the extent possible, employment or
employment-related training that will enable recipients to
become self-supporting. A recipient shall be eligible for
general assistance medical care during the term of the grant
diversion contract to the extent that medical care coverage is
not provided by the employer. Any rule adopted by the
commissioner:
(a) Shall require the local agencies to administer the
grant diversion program directly or to delegate administration
of the program to another unit of government;
(b) Shall require that grants paid to employers be paid
pursuant to a written grant diversion contract;
(c) Shall determine the amount of the grant to be paid to
the employer and the term of the grant diversion contract;
(d) Shall establish standards to ensure that recipients
hired pursuant to grant diversion contracts do not displace
other workers;
(e) Shall provide for the amount of the wage to be paid to
the recipient, which shall not be less than the minimum wage for
jobs with non-profit and public employers and the usual and
customary wage for jobs with private employers;
(f) Shall provide for the minimum number of hours per month
the recipient must work, which shall be sufficient to provide a
net monthly wage equal to or exceeding the difference between
the amount of the grant retained by the recipient and 150
percent of the recipient's monthly grant; and
(g) May establish other terms and conditions for the
operation of the grant diversion program.
Sec. 10. [256D.111] [REGISTRATION FOR WORK;
DISQUALIFICATION.]
Subdivision 1. [REGISTRATION REQUIREMENT.] Unless exempt
in accordance with the provisions of subdivision 2, an adult who
is a recipient of general assistance and who is not employed is
required to register for employment services with the department
of economic security, be available for work and comply with
reasonable reporting and job search requirements as established
by the commissioner of economic security in permanent or
temporary rule, and accept any offer of suitable employment.
Subd. 2. [EXEMPTIONS.] A recipient is not required to
register for employment services with the department of economic
security and comply with the other requirements of subdivision 1
if he is:
(a) a person who is suffering from a permanent or temporary
illness, injury, or incapacity which is medically certified and
which prevents the person from obtaining or retaining employment;
(b) a person whose presence in the home on a substantially
continuous basis is required because of the certified illness,
injury, incapacity, or the age of another member of the
household;
(c) a person who has been placed in a licensed or certified
facility for purposes of physical or mental health or
rehabilitation, or in an approved chemical dependency
domiciliary facility, if the placement is based on illness or
incapacity and is pursuant to a plan developed or approved by
the local agency through its director or designated
representative;
(d) a person who resides in a shelter facility described in
section 256D.05, subdivision 3;
(e) a person who is or may be eligible for displaced
homemaker services, programs, or assistance under section 4.40,
but only if that person is enrolled as a full-time student;
(f) a person not described in clause (a) or (c) who is
diagnosed by a licensed physician or licensed consulting
psychologist as mentally retarded or mentally ill, and that
condition prevents the person from obtaining or retaining
employment;
(g) a person who has an application pending for the social
security disability program or the program of supplemental
security income for the aged, blind and disabled, or who has
been terminated from either program and has an appeal from that
termination pending;
(h) a person who is unable to obtain or retain employment
because his advanced age significantly affects his ability to
seek or engage in substantial work;
(i) a person who has been referred to, has applied for, or
is in a work training, work experience, vocational
rehabilitation, or other employment related educational program;
but the period of time the person is exempted pursuant to this
clause, while awaiting acceptance into the program, shall not
exceed two months;
(j) an adult member of a household with children in which
another adult is employed full time or has registered for
employment services with the department of economic security or
been accepted in a work training program; or
(k) a person who has been certified as unemployable by the
commissioner of economic security.
Subd. 3. [RIGHT TO HEARING.] Any person required by the
local agency to register in accordance with the provisions of
subdivision 1 is entitled, prior to grant reduction, suspension,
or termination, to a hearing pursuant to the provisions of
section 256D.10 on the issue of whether the person comes within
the exemptions contained in subdivision 2.
Subd. 4. [NOTICE OF NONCOMPLIANCE.] No notice of grant
reduction, suspension, or termination on the ground that a
recipient has failed to comply with the requirements of
subdivision 1 shall be given by the local agency pursuant to
section 256D.10 until the commissioner of economic security
certifies in writing to the local agency that the recipient has
been finally determined, in accordance with the notice, hearing,
and appeal rights and procedures applicable to the work
incentive program, as prescribed in section 256.736, subdivision
4, clause (4), to have failed to comply with the requirements of
subdivision 1. A final determination, if made in accordance
with these procedures, shall be binding upon the local agency
and the recipient.
Subd. 5. [RULEMAKING.] The commissioner shall adopt rules
and is authorized to adopt temporary rules:
(a) providing for a reasonable period of disqualification
from the receipt of general assistance for a recipient who is
not exempt pursuant to subdivision 2 and who has been finally
determined pursuant to the procedure prescribed in subdivision 4
to have failed to comply with the requirements of subdivision 1,
provided that the period of disqualification for the first
failure to comply shall not exceed one month;
(b) providing for the use of vouchers or vendor payments
with respect to the family of a recipient described in clause
(a); and
(c) providing that at the time of the approval of an
application for general assistance, the local agency gives to
the recipient a written notice in plain and easily understood
language describing the recipient's job registration, search,
and acceptance obligations under this section, and the period of
disqualification that will be imposed for a failure to comply
with those obligations.
Sec. 11. [256D.112] [TEMPORARY AUTHORITY TO REFER CERTAIN
RECIPIENTS TO COMMISSIONER OF ECONOMIC SECURITY.]
The local agency shall refer a recipient to the
commissioner of economic security for services under the
Minnesota Emergency Employment Development Act jobs program upon
the payment to the recipient of a one-month grant. A referral
shall be in writing; shall describe the jobs program for which
the referral is being made; shall state the address of the
office to which the recipient is being referred; and shall state
that if the recipient is not accepted for participation in the
jobs program, the recipient should return to the local agency.
Notwithstanding the provisions of section 10, subdivision 3, and
section 256D.10, assistance to a general assistance recipient
referred to the commissioner of economic security pursuant to
this section shall be suspended at the time of the referral for
a period of 30 days following the period for which a grant has
been issued. If the recipient does not return to the local
agency within the 30-day period, assistance shall be
terminated. This section does not apply:
(1) to persons that the commissioner of economic security
has determined, pursuant to section 12, are not eligible for the
Minnesota Emergency Employment Development jobs program; are not
likely to secure a job through the jobs program; or are not able
to successfully perform a job available through the jobs program;
(2) to persons who are recipients of general assistance on
October 1, 1983; and
(3) to persons whom the local agency has substantial reason
to believe are covered by section 10, subdivision 2.
Nothing in this section shall be construed as prohibiting
any recipient who has not been referred by the local agency from
applying to the commissioner of economic security for services
under the Minnesota emergency employment development jobs
program. The local agency shall provide to all recipients a
written description of the Minnesota emergency employment
development jobs program.
Upon receipt of notice from the commissioner of public
welfare that the Minnesota emergency employment development jobs
program is terminated, this section is ineffective and the local
agency shall not refer any recipient to the commissioner of
economic security under this section.
Sec. 12. [268.80] [APPLICATION PROCESS; DETERMINATIONS.]
Any person may apply to the commissioner for services under
the Minnesota emergency employment development jobs program.
Upon receiving an application, the commissioner shall promptly
determine the person's eligibility for services under the
program; the person's ability to successfully perform a job
available through the program; and, within three business days,
the person's eligibility for an allowance pursuant to section
13. In determining the eligibility of a person for the
allowance, the commissioner shall apply the eligibility
standards set forth in sections 256D.01 to 256D.21. A person
referred by a local agency pursuant to the provisions of section
11 shall be deemed to be eligible for the allowance. If the
commissioner finds at any time that a person is not eligible for
services under the jobs program, or if the commissioner
determines after a three-month period that the person is
unlikely to secure a job through the jobs program, then the
commissioner shall issue a written determination stating the
findings and provide the person with a written referral to the
appropriate local agency. If the commissioner finds at any
time, pursuant to standards established by the commissioner by
rule or temporary rule, that a person is not able to
successfully perform a job available through the jobs program,
the commissioner shall issue a written determination stating the
findings and explaining the person's right to appeal pursuant to
section 14, and shall provide the person with a written referral
to the appropriate local agency. If the commissioner finds that
a person is not eligible for an allowance pursuant to section
13, the commissioner shall advise the person in writing that the
person may make an application for general assistance with the
appropriate local agency.
Sec. 13. [268.81] [PAYMENT OF ALLOWANCE.]
A person accepted pursuant to section 12 for participation
in the Minnesota emergency employment development jobs program
and determined by the commissioner to satisfy the eligibility
standards set forth in sections 256D.01 to 256D.21, shall be
paid a cash allowance by the commissioner in an amount which is
not less than the amount of the general assistance grant that
the person would otherwise receive pursuant to sections 256D.01
to 256D.21. The commissioner shall adopt a permanent or
temporary rule establishing the amounts of allowances to be paid
pursuant to this section. The initial allowance shall be paid
to the person as soon as administratively feasible. A person
referred by a local agency pursuant to section 11 shall be paid
the initial allowance upon the expiration of the period covered
by the one-month grant received from the local agency.
Thereafter, the allowance shall be paid at intervals as the
commissioner shall prescribe by rule or temporary rule. Until
June 30, 1985, a person receiving an allowance when the
Minnesota emergency employment development jobs program is
terminated under article 8, section 11, shall continue to be
paid an allowance under this section if he continues to meet the
eligibility standards set forth in sections 256D.01 to 256D.21.
Sec. 14. [268.82] [APPEAL PROCEDURE.]
A person aggrieved by a determination issued pursuant to
section 12 that the person is not able to successfully perform a
job available through the Minnesota emergency employment
development jobs program may appeal that determination, in
accordance with the time limits and procedures applicable to the
work incentive program, as prescribed in section 256.736,
subdivision 4, clause (4). If otherwise eligible under section
13, the person shall receive the allowance prescribed by section
13 until a final decision on the appeal is rendered.
Sec. 15. [268.83] [SUITABLE EMPLOYMENT FOR PURPOSES OF
GENERAL ASSISTANCE.]
For purposes of eligibility for general assistance pursuant
to sections 256D.01 to 256D.21, a job provided through the
Minnesota emergency employment development jobs program is
"suitable employment," as that term is defined in section
256D.02, subdivision 13.
Sec. 16. [TRANSFER OF FUNDS.]
If the utilization of the Minnesota emergency employment
development jobs program, the allowances program, and the
general assistance program is significantly different from the
projected utilization, then the commissioners of economic
security and public welfare may, upon approval by the
legislative advisory commission and the governor according to
section 3.30, transfer money from the Minnesota emergency
employment development (MEED) account to either (1) the special
account established for the purpose of funding allowances paid
pursuant to section 13; or (2) the general assistance account.
Money may also be transferred pursuant to this section between
the department of economic security special allowances account
and the general assistance account in the department of public
welfare.
Sec. 17. [REPEALER.]
Minnesota Statutes 1982, sections 256D.02, subdivision 14;
and 256D.06, subdivision 1a, are repealed. Minnesota Statutes
1982, section 256D.05, subdivision 1a is repealed effective
October 1, 1983.
Sec. 18. [268.84] [SUNSET PROVISION.]
Sections 5 and 11 to 16 of this article are repealed June
30, 1985.
Sec. 19. [EFFECTIVE DATE.]
Sections 6 to 9, 17, and 18 of this article are effective
the day following final enactment. Sections 1 to 5, and 10 to
16 of this article are effective October 1, 1983.
ARTICLE 9
SERVICES FOR THE MENTALLY RETARDED
Section 1. Minnesota Statutes 1982, section 252.24,
subdivision 1, is amended to read:
Subdivision 1. [SELECTION OF DEVELOPMENTAL ACHIEVEMENT
CENTERS.] The county board shall administer developmental
achievement services, including training and habilitation
services provided by licensed developmental achievement centers
to residents of intermediate care facilities for the mentally
retarded. The county board shall ensure that transportation is
provided for persons who fulfill the eligibility requirements of
section 252.23, clause (1), utilizing the most efficient and
reasonable means available. The county board may contract for
developmental achievement services and transportation from a
center which is licensed under the provisions of sections
245.781 to 245.813, 252.28, and 257.175, and in the board's
opinion, best provides daytime developmental achievement
services for mentally retarded and cerebral palsied persons
within the appropriation and medical assistance resources made
available for this purpose. Daytime developmental achievement
services administered by the county board shall comply with
standards established by the commissioner pursuant to
subdivision 2 and applicable federal regulations.
Sec. 2. Minnesota Statutes 1982, section 252.28, is
amended to read:
252.28 [COMMISSIONER OF PUBLIC WELFARE; DUTIES.]
Subdivision 1. [DETERMINATIONS; BIENNIAL
REDETERMINATIONS.] The commissioner of public welfare may shall
determine, and shall redetermine biennially, the need, location,
size, and program of public and private residential and day care
facilities and services for mentally retarded children and
adults.
Subd. 2. [RULES; PROGRAM STANDARDS; LICENSES.] The
commissioner of public welfare shall:
(1) Establish uniform rules, regulations and program
standards for each type of residential and day facility or
service for more than four mentally retarded persons, including
state institutions under control of the commissioner and serving
mentally retarded persons, and excluding mentally retarded
persons residing with their families.
(2) Grant licenses according to the provisions of Laws
1976, chapter 243, sections 2 to 13.
Subd. 3. [LICENSING DETERMINATIONS.] (1) No new license
shall be granted pursuant to this section when the issuance of
the license would substantially contribute to an excessive
concentration of community residential facilities within any
town, municipality or county of the state.
(2) In determining whether a license shall be issued
pursuant to this subdivision, the commissioner of public welfare
shall specifically consider the population, size, land use plan,
availability of community services and the number and size of
existing public and private community residential facilities in
the town, municipality or county in which a licensee seeks to
operate a residence. Under no circumstances may the
commissioner newly license any facility pursuant to this section
except as provided in section 245.812. The commissioner of
public welfare shall establish uniform rules and regulations to
implement the provisions of this subdivision.
(3) Licenses for community facilities and services shall
be issued pursuant to section 245.821.
Subd. 4. [RULES; DECERTIFICATION OF BEDS.] The
commissioner shall promulgate in rule criteria for
decertification of beds in intermediate care facilities for the
mentally retarded, and shall encourage providers in voluntary
decertification efforts. The commissioner shall not recommend
to the commissioner of health the involuntary decertification of
an intermediate care facility for beds for the mentally retarded
prior to the availability of appropriate services for those
residents affected by the decertification. The commissioner of
health shall decertify those intermediate care beds determined
to be not needed by the commissioner of welfare.
Sec. 3. [252.291] [LIMITATION ON DETERMINATION OF NEED.]
Subdivision 1. [MORATORIUM.] Notwithstanding section
252.28, subdivision 1, or any other law or rule to the contrary,
the commissioner of public welfare shall deny any request for a
determination of need and refuse to grant a license pursuant to
section 245.782 for any new intermediate care facility for
mentally retarded persons or for an increase in the licensed
capacity of an existing facility except as provided in
subdivision 2. In no event shall the total of certified
intermediate care beds for mentally retarded persons in
community facilities and state hospitals exceed 7,500 beds as of
July 1, 1983, and 7,000 beds as of July 1, 1986. "Certified
bed" means an intermediate care bed for the mentally retarded
certified by the commissioner of health for the purposes of the
medical assistance program under United States Code, title 42,
sections 1396 to 1396p, as amended through December 31, 1982.
Subd. 2. [EXCEPTIONS.] The commissioner of public welfare
in coordination with the commissioner of health may approve a
new intermediate care facility for mentally retarded persons
only in the following circumstances:
(a) when the facility is developed in accordance with a
request for proposal system established pursuant to subdivision
3, clause (b);
(b) when the facility is necessary to serve the needs of
identifiable mentally retarded persons who are seriously
behaviorally disordered or who are physically or sensorily
impaired; or
(c) to license beds in new facilities where need was
determined by the commissioner prior to the effective date of
this section.
Subd. 3. [DUTIES OF COMMISSIONER OF PUBLIC WELFARE.] The
commissioner shall:
(a) establish standard admission criteria for state
hospitals and county utilization targets to limit and reduce the
number of intermediate care beds in state hospitals and
community facilities in accordance with approved waivers under
United States Code, title 42, sections 1396 to 1396p, as amended
through December 31, 1982, to assure that appropriate services
are provided in the least restrictive setting;
(b) provide technical assistance so that county boards may
establish a request for proposal system for meeting individual
service plan objectives through home and community-based
services; alternative community services; or, if no other
alternative will meet the needs of identifiable individuals for
whom the county is financially responsible, a new intermediate
care facility for mentally retarded persons; and
(c) establish a client tracking and evaluation system as
required under applicable federal waiver regulations, Code of
Federal Regulations, title 42, sections 431, 435, 440, and 441,
as amended through December 31, 1982.
(d) develop a state plan for the delivery and funding of
residential day and support services to the mentally retarded in
Minnesota and submit that plan to the clerk of each house of the
Minnesota legislature on or before the 15th of January of each
biennium beginning January 15, 1985. The biennial mental
retardation plan shall include but not be limited to:
(1) county by county maximum intermediate care bed
utilization quotas;
(2) plans for the development of the number and types of
services alternative to intermediate care beds;
(3) procedures for the administration and management of the
plan;
(4) procedures for the evaluation of the implementation of
the plan; and
(5) the number, type, and location of intermediate care
beds targeted for decertification.
The commissioner shall modify the plan to ensure
conformance with the medical assistance home and community-based
services waiver.
Subd. 4. [MONITORING.] The commissioner of public welfare,
in coordination with the commissioner of health, shall implement
mechanisms to monitor and analyze the effect of the bed
moratorium in the different geographic areas of the state. The
commissioner of public welfare shall submit to the legislature
annually beginning January 15, 1984, an assessment of the impact
of the moratorium by geographic areas.
Subd. 5. [RULEMAKING.] The commissioner of public welfare
shall promulgate temporary and permanent rules pursuant to
chapter 14, the Administrative Procedure Act, to implement this
section.
Sec. 4. Minnesota Statutes 1982, section 256B.02,
subdivision 8, is amended to read:
Subd. 8. [MEDICAL ASSISTANCE; MEDICAL CARE.] "Medical
assistance" or "medical care" means payment of part or all of
the cost of the following care and services for eligible
individuals whose income and resources are insufficient to meet
all of such this cost:
(1) inpatient hospital services.;
(2) skilled nursing home services and services of
intermediate care facilities., including training and
habilitation services, as defined in section 256B.50,
subdivision 1, for mentally retarded individuals residing in
intermediate care facilities for the mentally retarded;
(3) physicians' services.;
(4) outpatient hospital or clinic services.;
(5) home health care services.;
(6) private duty nursing services.;
(7) physical therapy and related services.;
(8) dental services, excluding cast metal restorations.;
(9) laboratory and x-ray services.;
(10) the following if prescribed by a licensed practitioner:
drugs, eyeglasses, dentures, and prosthetic devices. The
commissioner shall designate a formulary committee which shall
advise the commissioner on the names of drugs for which payment
shall be made, recommend a system for reimbursing providers on a
set fee or charge basis rather than the present system, and
develop methods encouraging use of generic drugs when they are
less expensive and equally effective as trademark drugs. The
commissioner shall appoint the formulary committee members no
later than 30 days following July 1, 1981. The formulary
committee shall consist of nine members, four of whom shall be
physicians who are not employed by the department of public
welfare, and a majority of whose practice is for persons paying
privately or through health insurance, three of whom shall be
pharmacists who are not employed by the department of public
welfare, and a majority of whose practice is for persons paying
privately or through health insurance, a consumer
representative, and a nursing home representative. Committee
members shall serve two year terms and shall serve without
compensation. The commissioner may establish a drug formulary.
Its establishment and publication shall not be subject to the
requirements of the administrative procedure act, but the
formulary committee shall review and comment on the formulary
contents. The formulary shall not include: drugs for which
there is no federal funding; over the counter drugs, except for
antacids, acetaminophen, family planning products, aspirin,
insulin, prenatal vitamins, and vitamins for children under the
age of seven; nutritional products; anorectics; and drugs for
which medical value has not been established. Payment to drug
vendors shall not be modified before the formulary is
established. The commissioner may promulgate conditions for
prohibiting payment for specific drugs after considering the
formulary committee's recommendations.
The basis for determining the amount of payment shall be
the actual acquisition costs of the drugs plus a fixed
dispensing fee established by the commissioner. Actual
acquisition cost includes quantity and other special discounts
except time and cash discounts. Establishment of this fee shall
not be subject to the requirements of the administrative
procedure act. Whenever a generically equivalent product is
available, payment shall be on the basis of the actual
acquisition cost of the generic drug, unless the prescriber
specifically indicates "dispense as written" on the prescription
as required by section 151.21, subdivision 2.
Notwithstanding the above provisions, implementation of any
change in the fixed dispensing fee which has not been subject to
the administrative procedure act shall be limited to not more
than 180 days, unless, during that time, the commissioner shall
have initiated rulemaking through the administrative procedure
act.;
(11) diagnostic, screening, and preventive services.;
(12) health care pre-payment plan premiums and insurance
premiums if paid directly to a vendor and supplementary medical
insurance benefits under Title XVIII of the Social Security Act.;
(13) abortion services, but only if one of the following
conditions is met:
(a) The abortion is a medical necessity. "Medical
necessity" means (1) the signed written statement of two
physicians indicating the abortion is medically necessary to
prevent the death of the mother, and (2) the patient has given
her consent to the abortion in writing unless the patient is
physically or legally incapable of providing informed consent to
the procedure, in which case consent will be given as otherwise
provided by law;
(b) The pregnancy is the result of criminal sexual conduct
as defined in section 609.342, clauses (c), (d), (e)(i), and
(f), and the incident is reported within 48 hours after the
incident occurs to a valid law enforcement agency for
investigation, unless the victim is physically unable to report
the criminal sexual conduct, in which case the report shall be
made within 48 hours after the victim becomes physically able to
report the criminal sexual conduct; or
(c) The pregnancy is the result of incest, but only if the
incident and relative are reported to a valid law enforcement
agency for investigation prior to the abortion.;
(14) transportation costs incurred solely for obtaining
emergency medical care or transportation costs incurred by
non-ambulatory persons in obtaining emergency or non-emergency
medical care when paid directly to an ambulance company, common
carrier, or other recognized providers of transportation
services. For the purpose of this clause, a person who is
incapable of transport by taxicab or bus shall be considered to
be non-ambulatory.;
(15) to the extent authorized by rule of the state agency,
costs of bus or taxicab transportation incurred by any
ambulatory eligible person for obtaining non-emergency medical
care.; and
(16) any other medical or remedial care licensed and
recognized under state law unless otherwise prohibited by law.
Sec. 5. [256B.092] [CASE MANAGEMENT OF MENTALLY RETARDED
PERSONS.]
Subdivision 1. [COUNTY OF FINANCIAL RESPONSIBILITY;
DUTIES.] Before any services shall be rendered to mentally
retarded persons in need of social service and medical
assistance, the county of financial responsibility shall conduct
a diagnostic evaluation in order to determine whether the person
is or may be mentally retarded. If a client is diagnosed
mentally retarded, that county must conduct a needs assessment,
develop an individual service plan, and authorize placement for
services. If the county of financial responsibility places a
client in another county for services, the placement shall be
made in cooperation with the host county of service, and
arrangements shall be made between the two counties for ongoing
social service, including annual reviews of the client's
individual service plan. The host county may not make changes
in the service plan without approval by the county of financial
responsibility.
Subd. 2. [MEDICAL ASSISTANCE.] To assure quality case
management to those county clients who are eligible for medical
assistance, the commissioner shall: (a) provide consultation on
the case management process; (b) assist county agencies in the
screening and annual reviews of clients to assure that
appropriate levels of service are provided; (c) provide
consultation on service planning and development of services
with appropriate options; (d) provide training and technical
assistance to county case managers; and (e) authorize payment
for medical assistance services.
Subd. 3. [TERMINATION OF SERVICES.] County agency case
managers, under rules of the commissioner, shall authorize and
terminate services of community and state hospital providers in
accordance with individual service plans. Medical assistance
services not needed shall not be authorized by county agencies
nor funded by the commissioner.
Subd. 4. [ALTERNATIVE HOME AND COMMUNITY BASED SERVICES.]
The commissioner shall make payments to county boards
participating in the medical assistance program to pay costs of
providing alternative home and community based services to
medical assistance eligible mentally retarded persons screened
under subdivision 7. Payment is available under this
subdivision only for persons who, if not provided these
services, would require the level of care provided in an
intermediate care facility for mentally retarded persons.
Subd. 5. [FEDERAL WAIVERS.] The commissioner shall apply
for any federal waivers necessary to secure, to the extent
allowed by law, federal financial participation under United
States Code, title 42, sections 1396 to 1396p, as amended
through December 31, 1982, for the provision of services to
persons who, in the absence of the services, would need the
level of care provided in a state hospital or a community
intermediate care facility for mentally retarded persons. The
commissioner may seek amendments to the waivers or apply for
additional waivers under United States Code, title 42, sections
1396 to 1396p, as amended through December 31, 1982, to contain
costs. The commissioner shall ensure that payment for the cost
of providing home and community based alternative services under
the federal waiver plan shall not exceed the cost of
intermediate care services that would have been provided without
the waivered services.
Subd. 6. [RULES.] The commissioner shall adopt temporary
and permanent rules to establish required controls,
documentation, and reporting of services provided in order to
assure proper administration of the approved waiver plan.
Subd. 7. [SCREENING TEAMS ESTABLISHED.] Each county agency
shall establish a screening team which, under the direction of
the county case manager, shall make an evaluation of need for
home and community based services of persons who are entitled to
the level of care provided by an intermediate care facility for
mentally retarded persons or for whom there is a reasonable
indication that they might need the services in the near
future. The screening team shall make an evaluation of need
within 15 working days of the request for service and within
five working days of an emergency admission of an individual to
an intermediate care facility for mentally retarded persons. The
screening team shall consist of the case manager, the client, a
parent or guardian, a qualified mental retardation professional,
as defined in the Code of Federal Regulations, title 42, section
442.401, as amended through December 31, 1982, assigned by the
commissioner. The case manager shall consult with the client's
physician or other persons as necessary to make this
evaluation. Other persons may be invited to attend meetings of
the screening team. No member of the screening team shall have
any direct or indirect service provider interest in the case.
Subd. 8. [SCREENING TEAM DUTIES.] The screening team shall:
(a) review diagnostic data;
(b) review health, social, and developmental assessment
data using a uniform screening tool specified by the
commissioner;
(c) identify the level of services needed to maintain the
person in the most normal and least restrictive setting that is
consistent with treatment needs;
(d) identify other noninstitutional public assistance or
social service that may prevent or delay long-term residential
placement;
(e) determine whether a client is in serious need of
long-term residential care;
(f) make recommendations to the county agency regarding
placement and payment for: (1) social service or public
assistance support to maintain a client in the client's own home
or other place of residence; (2) training and habilitation
service, vocational rehabilitation, and employment training
activities; (3) community residential placement; (4) state
hospital placement; or (5) a home and community based
alternative to community residential placement or state hospital
placement;
(g) make recommendations to a court as may be needed to
assist the court in making commitments of mentally retarded
persons; and
(h) inform clients that appeal may be made to the
commissioner pursuant to section 256.045.
Subd. 9. [REIMBURSEMENT.] Payment shall not be provided to
a service provider for any recipient placed in an intermediate
care facility for the mentally retarded prior to the recipient
being screened by the screening team. The commissioner shall
not deny reimbursement for: (a) an individual admitted to an
intermediate care facility for mentally retarded who is assessed
to need long-term supportive services, if long-term supportive
services other than intermediate care are not available in that
community; (b) any individual admitted to an intermediate care
facility for the mentally retarded under emergency circumstances;
(c) any eligible individual placed in the intermediate care
facility for the mentally retarded pending an appeal of the
screening team's decision; or (d) any medical assistance
recipient when, after full discussion of all appropriate
alternatives including those that are expected to be less costly
than intermediate care for mentally retarded, the individual or
the individual's legal representative insists on intermediate
care placement. The screening team shall provide documentation
that the most cost effective alternatives available were offered
to this individual or the individual's legal representative.
Sec. 6. Minnesota Statutes 1982, section 256B.19, is
amended by adding a subdivision to read:
Subd. 3. [STUDY OF MEDICAL ASSISTANCE FINANCIAL
PARTICIPATION.] The commissioner shall study the feasibility and
outcomes of implementing a variable medical assistance county
financial participation rate for long-term care services to
mentally retarded persons in order to encourage the utilization
of alternative services to long-term intermediate care for the
mentally retarded. The commissioner shall submit his findings
and recommendations to the legislature by January 20, 1984.
Sec. 7. [256B.501] [RATES FOR COMMUNITY-BASED SERVICES FOR
THE MENTALLY RETARDED.]
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the following terms have the meaning given them.
(a) "Commissioner" means the commissioner of public welfare.
(b) "Facility" means a facility licensed as a mental
retardation residential facility under section 252.28, licensed
as a supervised living facility under chapter 144, and certified
as an intermediate care facility for the mentally retarded.
(c) "Waivered service" means home or community-based
service authorized under United States Code, title 42, section
1396n(c), as amended through December 31, 1982, and defined in
the Minnesota state plan for the provision of medical assistance
services. Waivered services include, at a minimum, case
management, family training and support, developmental training
homes, supervised living arrangements, semi-independent living
services, respite care, and training and habilitation services.
(d) "Training and habilitation services" are those health
and social services needed to ensure optimal functioning of
persons who are mentally retarded or have related conditions.
Training and habilitation services shall be provided to a client
away from the residence unless medically contraindicated by an
organization which does not have a direct or indirect financial
interest in the organization which provides the person's
residential services. This requirement shall not apply to any
developmental achievement center which has applied for licensure
prior to April 15, 1983.
Subd. 2. [AUTHORITY.] The commissioner shall establish
procedures and rules for determining rates for care of residents
of intermediate care facilities for the mentally retarded which
qualify as vendors of medical assistance, waivered services, and
for provision of training and habilitation services. Approved
rates shall be established on the basis of methods and standards
that the commissioner finds adequate to provide for the costs
that must be incurred for the quality care of residents in
efficiently and economically operated facilities and services.
The procedures shall specify the costs that are allowable for
payment through medical assistance. The commissioner may use
experts from outside the department in the establishment of the
procedures.
Subd. 3. [RATES FOR INTERMEDIATE CARE FACILITIES FOR THE
MENTALLY RETARDED.] The commissioner shall establish, by rule,
procedures for determining rates for care of residents of
intermediate care facilities for the mentally retarded. The
procedures shall be based on methods and standards that the
commissioner finds are adequate to provide for the costs that
must be incurred for the care of residents in efficiently and
economically operated facilities. In developing the procedures,
the commissioner shall include:
(a) cost containment measures that assure efficient and
prudent management of capital assets and operating cost
increases which do not exceed increases in other sections of the
economy;
(b) limits on the amounts of reimbursement for property,
general and administration, and new facilities;
(c) requirements to ensure that the accounting practices of
the facilities conform to generally accepted accounting
principles; and
(d) incentives to reward accumulation of equity.
In establishing rules and procedures for setting rates for
care of residents in intermediate care facilities for mentally
retarded persons, the commissioner shall consider the
recommendations contained in the February 11, 1983, Report of
the Legislative Auditor on Community Residential Programs for
the Mentally Retarded and the recommendations contained in the
1982 Report of the Department of Public Welfare Rule 52 Task
Force. Rates paid to supervised living facilities for rate
years beginning during the fiscal biennium ending June 30, 1985,
shall not exceed the final rate allowed the facility for the
previous rate year by more than five percent.
Subd. 4. [WAIVERED SERVICES.] In establishing rates for
waivered services the commissioner shall consider the need for
flexibility in the provision of those services to meet
individual needs identified by the screening team.
Subd. 5. [TRAINING AND HABILITATION SERVICES.] (a) Except
as provided in subdivision 6, rates for reimbursement under
medical assistance for training and habilitation services
provided by a developmental achievement center either as a
waivered service or to residents of an intermediate care
facility for mentally retarded persons shall be established and
paid in acccordance with this subdivision effective January 1,
1984.
(b) Prior to August 1, 1983, the county board shall submit
to the commissioner its contractual per diem rate and its
maximum per client annual payment limitations, if any, for each
developmental achievement center it administers pursuant to
section 252.24, subdivision 1, for the period from July 1, 1983,
through December 31, 1983, which shall be the medical assistance
reimbursement rate established for that developmental
achievement center for 1983. If the county rate is based on
average daily attendance which is less than 93 percent of the
developmental achievement center's average enrollment for the
period from July 1, 1983, to December 31, 1983, the commissioner
shall adjust that rate based on 93 percent average daily
attendance.
(c) The base per diem reimbursement rate established for
1983 may be increased by the commissioner in 1984 in an amount
up to the projected percentage change in the average value of
the consumer price index (all urban) for 1984 over 1983. In
subsequent years, the increase in the per diem rate shall not
exceed the projected percentage change in the average annual
value of the consumer price index (all urban) for the same time
period.
(d) The county board in which an intermediate care facility
for mentally retarded persons is located shall contract annually
with that facility and with the appropriate developmental
achievement center or training and habilitation service provider
for provision of training and habilitation services for each
resident of the facility for whom the services are required by
the resident's individual service plan. This contract shall
specify the county payment rate or the medical assistance
reimbursement rate, as appropriate; the training and
habilitation services to be provided; and the performance
standards for program provision and evaluation. A similar
contract shall be entered into between the county and the
developmental achievement center for persons receiving training
and habilitation services from that center as a waivered service.
(e) The commissioner shall reimburse under medical
assistance up to 210 days of training and habilitation services
at developmental achievement centers for those centers which
provided less than or equal to 210 days of training and
habilitation services in calendar year 1982. For developmental
achievement centers providing more than 210 days of services in
1982, the commissioner shall not reimburse under medical
assistance in excess of the number of days provided by those
programs in 1982.
(f) Medical assistance payments for training and
habilitation services shall be made directly to the training and
habilitation provider after submission of invoices to the
medical assistance program following procedures established by
the medical assistance program.
(g) Nothing in this subdivision shall prohibit county
boards from contracting for rates for services not reimbursed
under medical assistance.
Subd. 6. [NEW DEVELOPMENTAL ACHIEVEMENT PROGRAMS; RATES.]
The commissioner, upon the recommendation of the local county
board, shall determine the medical assistance reimbursement rate
for new developmental achievement programs. The payment rate
shall not exceed 125 percent of the average payment rate in the
region.
Subd. 7. [ALTERNATIVE RATES FOR TRAINING AND HABILITATION
SERVICES.] Alternative methods may be proposed by the counties
or the commissioner for provision of training and habilitation
services during daytime hours apart from a residential facility
to persons for whom needs identified in their individual service
plan are not met by the training and habilitation services
provided at a developmental achievement center. The
commissioner shall establish procedures for approval of the
proposals and for medical assistance payment of rates which
shall not exceed the average rate allowed in that county for
training and habilitation services pursuant to subdivision 5.
Nothing in this subdivision prohibits a county from contracting
with a developmental achievement center for those purposes.
Subd. 8. [PAYMENT FOR PERSONS WITH SPECIAL NEEDS.] The
commissioner shall establish by December 31, 1983, procedures to
be followed by the counties to seek authorization from the
commissioner for medical assistance reimbursement for waivered
services or training and habilitation services for very
dependent persons with special needs in an amount in excess of
the rates allowed pursuant to subdivisions 2, 4, 5, and 6, and
procedures to be followed for rate limitation exemptions for
intermediate care facilities for mentally retarded persons. No
excess payment or limitation exemption shall be authorized
unless the need for the service is documented in the individual
service plan of the person or persons to be served, the type and
duration of the services needed are stated, and there is a basis
for estimated cost of the services.
The commissioner shall evaluate the services provided
pursuant to this subdivision through program and fiscal audits.
Subd. 9. [REPORTING REQUIREMENTS.] The developmental
achievement center shall submit to the county and the
commissioner no later than March 1 of each year an annual report
which includes the actual program revenues and expenditures,
client information, and program information. The information
shall be submitted on forms prescribed by the commissioner.
Subd. 10. [RULES.] To implement this section, the
commissioner shall promulgate temporary and permanent rules in
accordance with chapter 14. To implement subdivision 3, the
commissioner shall promulgate temporary rules by October 1,
1983, and permanent rules in accordance with sections 14.01 to
14.38. Notwithstanding the provisions of section 14.35, the
temporary rule promulgated to implement subdivision 3 shall be
effective for up to 720 days.
Sec. 8. [256B.503] [RULES.]
To implement sections 1 to 7, the commissioner shall
promulgate temporary and permanent rules in accordance with
sections 14.01 to 14.38.
Sec. 9. Minnesota Statutes 1982, section 256E.06, is
amended by adding a subdivision to read:
Subd. 2a. [STATE TRANSFER OF FUNDS.] Notwithstanding
subdivisions 1 and 2, for the purpose of funding training and
habilitation services provided to residents of intermediate care
facilities for mentally retarded persons as required under
federal regulation, the commissioner is authorized to transfer
on a quarterly basis to the medical assistance state account
from each county's Community Social Services Act allocation an
amount equal to the state share of medical assistance
reimbursement for such services provided to clients for whom the
county is financially responsible. Upon federal approval and
state implementation of the state medical assistance plan,
county boards will not be responsible for the funding of
training and habilitation services as a social service to
residents of intermediate care facilities for the mentally
retarded. County board responsibility for training and
habilitation services shall be assumed under section 256B.20.
County boards continue to be responsible for funding
developmental achievement center services not covered under the
medical assistance program established by United States Code,
title 42, sections 1396 to 1396p, as amended through December
31, 1982, and shall develop contractual agreements for these
services under the authority of chapter 256E.
Sec. 10. [IMPLEMENTATION; USE OF APPROPRIATION.]
(a) Up to 15 line item positions are authorized for the
implementation of provisions of the case management plan, the
home and community based services waiver program, assisting
county agencies in screening clients for medical assistance
services, technical assistance in developing community-based
alternatives, and management of the mental retardation medical
assistance program.
(b) The contingent appropriation for development and
implementation of this project shall be expended with the
approval of the governor after consulting with the legislative
advisory commission as provided in section 3.30. Release of
these funds shall also be contingent upon submission of a plan
prepared by the commissioner. The plan shall describe the
following:
(1) the organization, development, and responsibilities of
requested staff;
(2) specification of all the administrative costs
associated with the program;
(3) how the information system will be integrated into the
community services information system, the medicaid management
information system, and any other data processing operations of
the department;
(4) the methods for implementing the system; and
(5) the projected costs for the maintenance and operation
of the system.
The plan shall be submitted to the chairmen of the house
appropriations and senate finance committees.
Sec. 11. [REPEALER.]
The provisions of sections 2, 3, 5, 7, subdivisions 1, 4,
and 10 are repealed effective June 30, 1984, if a home and
community based waiver under United States Code, title 42,
section 1396n(c), as amended through December 31, 1982, is not
approved by June 30, 1984.
Sec. 12. [EFFECTIVE DATE.]
Sections 1 to 11 are effective the day following final
enactment.
Approved June 9, 1983
Official Publication of the State of Minnesota
Revisor of Statutes