Office of the Revisor of Statutes
Minnesota Session Laws - 1985, 1st Special Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1985
CHAPTER 9-S.F.No. 19
An act relating to the organization and operation of
state government; appropriating money for human
services, corrections, health, economic security, and
other purposes with certain conditions; amending
Minnesota Statutes 1984, sections 62E.06, subdivision
1; 129A.01; 129A.03; 129A.07, subdivision 1; 129A.08,
subdivision 5; 144.70; 145.912, subdivision 15;
145.917, subdivision 2; 145.917, subdivisions 3 and 4;
145.921; 145.922; 171.29, subdivision 2; 214.06,
subdivision 1; 241.01, subdivision 7; 241.71; 252.025,
subdivision 1; 252.28, subdivision 1; 254.05; 256.737;
256.82, subdivision 2; 256.87, subdivision 1; 256.871,
subdivision 4; 256.969, subdivisions 1, 2, and by
adding a subdivision; 256B.04, subdivision 14;
256B.062; 256B.092, subdivisions 1, 2, 7, 8, and by
adding subdivisions; 256B.19, subdivision 1; 256B.41,
by adding a subdivision; 256B.421, subdivision 1;
256B.48, by adding subdivisions; 256B.503; 256D.01,
subdivisions 1a and 1b; 256D.03, subdivisions 4 and 6;
256D.05, subdivision 1; 256D.09, subdivision 1, and by
adding a subdivision; 256D.111, subdivision 5;
256D.37, subdivisions 1 and 2; 256E.08, subdivision 1;
256E.12, subdivision 3; 260.311, subdivision 5; 260.38;
268.672, subdivisions 6 and 11; 268.673, subdivision
2; 268.674, subdivision 1; 268.675; 268.676,
subdivisions 1 and 2; 268.677; 268.678, subdivision 2;
268.679, subdivision 1; 268.68; 268.685; 390.11, by
adding subdivisions; 393.07, subdivision 2; 401.01,
subdivision 1; 401.13; 517.08, subdivisions 1b and 1c;
611A.34, subdivision 1; and 624.713, subdivision 1;
Laws 1984, chapter 616, section 1; proposing coding
for new law in Minnesota Statutes, chapters 62A, 129A,
144, 145, 256B, 256D, and 256F; repealing Minnesota
Statutes 1984, sections 62D.25; 62D.26; 62D.28;
62D.29; 62E.17; 145.912, subdivisions 16, 17, and 18;
256.967; 256D.111, subdivisions 1, 2, 3, and 4;
259.405; and 268.686.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
Section 1. [HUMAN SERVICES, CORRECTIONS, HEALTH;
APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or any other fund named, 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 "1986," and "1987,"
where used in this act, mean that the appropriation or
appropriations listed under them are available for the year
ending June 30, 1986, or June 30, 1987, respectively.
SUMMARY BY FUND
1986 1987 TOTAL
General $1,009,714,600 $1,043,308,000 $2,053,022,600
Special $ 2,337,400 $ 2,365,100 $ 4,702,500
Metropolitan
Landfill $ 140,000 $ 140,000 $ 280,000
Trunk Highway $ 461,600 $ 484,600 $ 946,200
Total $1,012,653,600 $1,046,297,700 $2,058,951,300
APPROPRIATIONS
Available for the Year
Ending June 30,
1986 1987
Sec. 2. COMMISSIONER OF HUMAN SERVICES
Subdivision 1. Total
Appropriation $844,674,300 $904,838,800
The amounts that may be spent from this
appropriation for each program and
activity are more specifically
described in the following subdivisions.
Federal money received in excess of the
estimates shown in the 1985 department
of human services budget document
reduces the state appropriation by the
amount of the excess receipts, unless
otherwise directed by the governor,
after consulting with the legislative
advisory commission.
Positions and administrative money may
be transferred within the department of
human services as the commissioner
considers necessary, with the advance
approval of the commissioner of finance.
Estimates of federal money that will be
earned by the various accounts of the
department of human services and
deposited in the general fund are
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 that
shown on the official worksheets, the
commissioner of finance shall reduce
the amount available from the direct
appropriation a corresponding amount.
The reductions must be noted in the
budget document submitted to the 75th
legislature in addition to an estimate
of similar federal money anticipated
for the 1987-1989 biennium.
Subd. 2. Human Services
Management 1,484,000 1,486,000
Subd. 3. Support Services 15,067,000 14,914,000
Federal money received during the
biennium for a study of home equity
conversion to finance long-term care
insurance is appropriated to the
commissioner of human services for
purposes of the study.
$140,000 of this appropriation is
available to the commissioner of human
services to administer a study of
reimbursement mechanisms for providers
of services for mentally retarded
people. Federal money received during
the biennium to administer the study is
appropriated to the commissioner. Any
unencumbered balance remaining in the
first year does not cancel but is
available for the second year of the
biennium.
Subd. 4. Social Services 69,830,200 72,012,700
The commissioner may use money from
available social service appropriations
to pay appropriate administrative and
training costs associated with child
foster care programs to maximize
federal reimbursement under title IV-E
of the social security act, United
State Code, title 42, sections 670 to
676. State money may be used for this
purpose only if the money is replaced
by other federal or state money so that
there is no reduction or delay in
payments for any of the programs
involved. Notwithstanding any other
law, transfers must be disregarded when
applying the formula for allocation of
state social service money and must not
cause a reduction in the total amount
of money available to grantees.
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Community Social Services Subsidies
$51,222,100 $51,222,100
The payments for the community social
services subsidy for each county must
be made in the same proportion as
payments for the first six months of
calendar year 1985.
(b) Aging, Blind, and Deaf Services
$ 7,132,000 $ 7,134,500
Notwithstanding any law to the
contrary, all money allocated to the
retired senior volunteer program is
available for all services offered
through the program; no money is
designated specifically for peer
counseling.
Of this appropriation, $100,000 of the
money appropriated each year for deaf
services is for grants for specialized
mental health services for deaf and
multiply handicapped deaf persons at
St. Paul-Ramsey Medical Center.
$200,000 of this appropriation is for
the following purposes: For fiscal
year 1986, $25,000 is for a deaf and
blind service planning position and
$75,000 is to provide services to
persons who are both deaf and blind.
For fiscal year 1987, $100,000 is for
services to persons who are both deaf
and blind.
(c) Social Services Support
$11,476,100 $13,656,100
Subd. 5. Income Maintenance 559,817,500 620,280,600
Notwithstanding any other law, money
appropriated for income maintenance
programs must not be transferred for
other purposes except as allowed in
this subdivision, subdivision 1, or
section 12.
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Aid to Families with Dependent
Children, General Assistance,
Minnesota Supplemental Assistance
$143,329,500 $152,961,000
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 is available by
direction of the governor after
consulting with the legislative
advisory commission.
During the biennium ending June 30,
1987, the commissioner of human
services shall provide supplementary
grants not to exceed $816,800 a year
for aid to families with dependent
children and 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; replacement of
essential household furnishings and
essential major appliances; and
employment-related child care,
transportation, and educational
expenses. Of this amount, $616,800 is
for employment-related child care,
transportation, and educational
expenses.
Notwithstanding any law to the
contrary, when federal money is
available to match state money, the
commissioner of human services may
transfer to the special needs account
of the aid to families with dependent
children program any part of the
appropriation for day care sliding fee
services, Minnesota Statutes, section
245.84, provided to persons or families
who are receiving aid to families with
dependent children payments. Federal
money received during the biennium for
child care services under this rider is
appropriated to the commissioner of
human services for day care sliding fee
services.
Notwithstanding Minnesota Statutes
1984, sections 256D.06, subdivision 4,
and 256D.44, or any other law to the
contrary, counties are directed to
maintain services for adult mentally
ill persons in community residential
facilities at the level required by
licensure standards.
$35,000 of the first year's
appropriation is for an aid to families
with dependent children alternative
health insurance project. An amount
equal to the savings in the aid to
families with dependent children
program that result from the project
may be transferred from the aid to
families with dependent children
appropriation to the assistance
payments policy activity to continue
the project until June 30, 1987, after
approval by the chair of the senate
finance subcommittee of health and
human services and the chair of the
house human services division of
appropriations. The commissioner may
use this money as a state match to
obtain commitments of private money for
alternative health insurance projects
for the uninsured poor.
The commissioner shall increase aid to
families with dependent children and
general assistance grants by one
percent on July 1, 1985, and one
percent on July 1, 1986, unless federal
statute or regulation requires
otherwise.
For the biennium ending June 30, 1987,
all taxes paid to the county treasurer
on or after July 1, 1985, under
Minnesota Statutes, sections 287.01 to
287.12, must be credited to the county
revenue fund.
On or before the tenth day of each
month, the county treasurer shall
determine the receipts from the
mortgage registration tax and the deed
transfer tax during the preceding
month. The treasurer shall report to
the county welfare agency on or before
the tenth day of each month 95 percent
of the receipts attributable to the
statutory rate in Minnesota Statutes,
section 287.05. That amount, in
addition to 97 percent of the amount
determined under Minnesota Statutes,
section 287.29, must be shown as a
deduction from the report filed with
the department of human services as
required by Minnesota Statutes, section
256.82.
Notwithstanding Minnesota Statutes
1984, section 14.35, or any other law
to the contrary, Minnesota Rules, part
9555.3415, Emergency, is in effect
until February 1, 1986, unless it is
superseded by a permanent rule prior to
that date and shall govern Minnesota
Statutes, section 256D.05, subdivision
1, paragraph (a), clause (12).
(b) Medical Assistance, General
Assistance Medical Care and
Preadmission Screening
$394,950,300 $445,589,900
The cost of a nursing home preadmission
screening may not exceed $140.
The commissioner of human services
shall not adopt emergency rules to
implement the provisions of Minnesota
Statutes, section 256B.02, subdivision
8, clause (11), related to the drug
formulary.
Notwithstanding any law requiring
deposit of receipts in the general
fund, all receipts from collection
efforts for the state hospitals and
state nursing homes must 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.
If the appropriation for medical
assistance and general assistance
medical care is insufficient for either
year, the appropriation for the other
year is available by direction of the
governor after consulting with the
legislative advisory commission.
$200,000 in fiscal year 1986 and
$150,000 in fiscal year 1987 are
appropriated for four positions to
staff the prepayment initiatives under
medical assistance and general
assistance medical care.
Notwithstanding any law to the
contrary, home and community-based
alternative services for the mentally
retarded provided under the federal
waiver plan must be limited to 1,000
people.
To determine eligibility for medical
assistance, the commissioner shall
disregard, from July 1, 1985, to June
30, 1987, 20 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, the commissioner shall
disregard the increase for social
security and supplemental security
income recipients, as provided under
Minnesota Statutes 1984, section
256B.06, subdivision 1, paragraph (12).
For general assistance medical care
services rendered on or after November
1, 1985, general assistance medical
care payments to medical care vendors
must be at the 50th percentile of usual
and customary fees based on medical
assistance billings during calendar
year 1982.
For medical assistance services
rendered on or after November 1, 1985,
medical assistance payments to medical
care vendors 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 shall be
limited to the 50th percentile of the
usual and customary fees based upon
billings during calendar year 1982.
Rates paid to private duty nurses under
the medical assistance program must be
increased by 20 percent from the rates
paid during fiscal year 1985.
On or after July 1, 1986, the
commissioner shall phase out the
rateable reductions in the general
assistance medical care program to the
extent possible using any net surplus
projected to exist at the end of the
biennium within the appropriations for
medical assistance and general
assistance medical care after any
transfers necessary because of deficits
in the aid to families with dependent
children, general assistance, or
Minnesota supplemental aid programs.
The maximum pharmacy dispensing fee
shall be $4.30 under medical assistance
and general assistance medical care.
Federal money received during the
biennium for administration of the home
and community-based services waiver for
persons with mental retardation is
appropriated to the commissioner of
human services for administration of
the home and community-based services
program and must be deposited in that
activity's account.
The county agencies shall not
authorize, nor shall the commissioner
provide medical assistance funding for,
services in an intermediate care
facility for the mentally retarded
unless an individual assessment of
service needs documents that: (1) the
person has mental retardation; (2) the
person requires 24-hour supervision and
active treatment for medical,
behavioral, or habilitation needs; and
(3) less restrictive or less costly
services appropriate to the client's
needs cannot be made available to meet
the person's assessed service needs.
The commissioner may determine whether
medical assistance funding should
continue to be authorized for services
to an individual in an intermediate
care facility for the mentally
retarded. The determination must be
based on the review of the individual
service plan and on the findings of the
Minnesota department of health quality
assurance and review survey and other
information that the commissioner may
request.
(c) Income Maintenance Support
$21,537,700 $21,729,700
For the child support enforcement
activity, during the biennium ending
June 30, 1987, money received from the
counties for providing data processing
services must be deposited in that
activity's account. The money is
appropriated to the commissioner of
human services 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 in Minnesota Rules, parts
9515.1200 to 9515.2600 until the
adoption of the rules required by
Minnesota Statutes, section 256B.14,
subdivision 2.
If the preceding rider or Laws 1983,
chapter 312, article 1, section 2,
subdivision 5, paragraph 13, result in
an increase in a parent's
responsibility for the cost of their
child's out-of-home placement, the
county must not require the increase in
payment until 30 days after the parent
is sent notice of the amount of the
increase.
Subd. 6. Mental Health 198,475,600 196,145,500
Notwithstanding any other law to the
contrary, there is no appropriation in
the budget for the department of human
services for the position of assistant
commissioner with responsibilities for
state institutions and reimbursements.
$25,000 of the appropriation in Laws
1984, chapter 616, section 3, for the
demonstration project for treatment of
compulsive gamblers is available until
June 30, 1987.
That part of the appropriation for the
adult mental illness residential grants
appropriation that is attributable to
savings realized in the general
assistance and Minnesota supplemental
aid programs because of the limits on
payments to negotiated rate facilities,
must be used for facilities affected by
the limits to assure continuation of
appropriate care and services to
residents.
Of this appropriation, $1,200,000 is
new money for the chronic mental
illness grant program. In fiscal year
1987, up to $400,000 may be used for a
demonstration project and the remainder
of the appropriation is for existing
programs.
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) State Hospitals
Approved Complement
June 30, 1986 June 30, 1987
5472 5175
(1) Salaries
$143,601,600 $140,372,800
No human services technician positions
shall be converted to any other
positions until the commissioner has
prepared and submitted a plan for any
conversions to the chairs of the health
and human services subcommittee of
senate finance and human services
division of house appropriations for
review and comment.
Within the limits of available
appropriations, the commissioner may
establish pilot projects to demonstrate
the feasibility of state-operated,
community-based services for state
hospital residents.
If a state-operated intermediate care
facility for the mentally retarded is
decertified other than by the direct
request of the commissioner, the
commissioners of health and human
services shall cooperate to secure
immediate recertification of the
facility. In this case, the
restrictions of Minnesota Statutes,
section 252.291 do not apply.
Notwithstanding any law to the
contrary, the commissioner shall
allocate no money to programs that
adjust the number of state hospital
beds available to the mentally ill.
Notwithstanding Minnesota Statutes,
section 246.57, for the biennium ending
June 30, 1987, the commissioner of
human services may authorize any state
hospital or state operated nursing home
to enter into new shared service
agreements or renew agreements with
both nonprofit and profit health
service organizations and other
governmental entities. Consultation
with the chairman of the senate finance
committee and the chairman of the house
appropriation committee is required for
contracts in excess of $100,000 per
fiscal year. Positions funded by
shared services agreements may be
authorized by the commissioner of
finance for the duration of shared
services agreements. Charges for the
services shall be deposited in the
general fund, except that the portion
of the receipts equal in amount to
expenditures incurred in rendering
shared services are dedicated to the
state hospital or nursing home that
provided the service and are
appropriated for that purpose.
(2) Current Expense
$14,850,900 $15,088,400
(3) Repairs and Betterments
$ 1,773,700 $ 1,875,100
(4) Special Equipment
$ 680,100
Any unencumbered balances in special
equipment and repairs and betterments
remaining in the first year do not
cancel but are available for the second
year of the biennium.
Notwithstanding any law to the
contrary, and provided that there is no
conflict with any collective bargaining
agreement, any state hospital or state
nursing home position reduction shall
only be accomplished through attrition,
transfers, and retirements and shall
not be accomplished through layoffs.
Notwithstanding any law to the
contrary, any state hospital employee
position identified as being vacant by
the state hospital and the commissioner
of human services may only be declared
so after review of the chair of the
house human services division of
appropriations and the chair of the
senate health and human services
subcommittee of finance.
Review by the chair of the house human
services division of appropriations and
the chair of the senate health and
human services subcommittee of finance
must precede closure of any unit in any
state hospital or state nursing home.
(b) Nursing Homes
Approved Complement - 616.5
(1) Salaries
$15,792,500 $15,806,000
This appropriation includes $263,800
for each year of the biennium for the
program for chronically chemically
dependent people at Ah Gwah Ching state
nursing home. The commissioner of
human services shall augment the
program with federal money and any
additional money provided through
shared service agreements under
Minnesota Statutes, 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 to the legislature
by January 1 of each year on the amount
deposited to the medical assistance
account from the shared service
agreements.
(2) Current Expense
$ 2,155,100 $2,203,200
(3) Repairs and Betterments
$ 219,800 $ 232,300
(4) Special Equipment
$ 73,900
(c) Mental Health Support
$19,328,000 $20,567,700
This appropriation includes $50,000 for
purposes of article 2, sections 14, 15,
and 91 to be transferred to the
commissioner of health to pay the St.
Paul Ramsey medical center for up to
100 autopsies at a cost not to exceed
$500 per autopsy and transportation to
the medical center. St. Paul Ramsey
medical center is responsible for
reimbursing physicians and pathologists
outside of the metropolitan area for
their services and other expenses
related to the removal, transportation,
and storage of the decedent's brain.
This appropriation includes $100,000 to
be transferred to the director of the
state planning agency for site-specific
analyses of the potential for refuse
burning and cogeneration at two state
facilities. No later than October 15,
1985, the director shall submit two
proposed sites for these analyses to
the chairs of the health and human
services subcommittee of the senate
finance committee and the human
services division of the house
appropriations committee for their
review and comment. If no responses
are received by the director within ten
days after submission, the chairs shall
be deemed to have consented to the
selection of the two sites. In
selecting specific sites, the director
shall consider the opportunities for
receipt of matching funds to perform
the analyses. Funds so received shall
serve to reduce the appropriation made
by this subdivision. The specific site
analyses must assess market, cost, and
other relevant factors. The analyses
shall be completed no later than
January 31, 1986, and copies shall be
distributed to the governor and the
chairs of the health and human services
subcommittee of the senate finance
committee and the human services
division of the house appropriations
committee.
Notwithstanding any law to the
contrary, no reallocation of chemical
dependency funds or reorganization of
chemical dependency treatment units may
occur without the review of the chairs
of the health and human services
subcommittee of the senate finance
committee and the human services
division of the house appropriations
committee.
The commissioner of human services
shall study methods for implementing a
consolidated chemical dependency
treatment fund which includes the
county case management or gatekeeper
role with respect to all
publicly-funded chemical dependency
treatment dollars and a competitive
model for all providers of
publicly-funded chemical dependency
treatment services. The commissioner
shall make recommendations to the chair
of the senate finance subcommittee of
health and human services and the chair
of the house human services division of
appropriations by September 15, 1985.
The department's study group shall
include representatives from county
agencies and state hospital employees.
If earnings under the various shared
services agreements authorized are less
than appropriated, the appropriation is
reduced by the amount of the earnings
deficiency. If a shared service
agreement is reduced or terminated, the
approved complement relating to that
shared service agreement must be
reduced accordingly.
Sec. 3. COMMISSIONER OF ECONOMIC
SECURITY
Subdivision 1. Total
Appropriation 50,589,200 21,858,100
The amounts that may be spent from this
appropriation for each program are more
specifically described in the following
subdivisions.
Subd. 2. Jobs Program
$27,000,000
Any unencumbered balance remaining in
the first year for the Minnesota
employment and economic 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.
Notwithstanding Laws 1984, chapter 654,
article 5, section 2, clause (a), the
appropriation for the jobs program for
fiscal year 1985 may be encumbered
after May 31, 1985, and is available
until expended.
Subd. 3. Employment Programs
$ 3,900,000 $2,350,500
The commissioner may spend 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 employment program for
fiscal year 1986, $750,000 is
immediately available. If that amount
is insufficient for the costs incurred,
an additional amount may be transferred
with the advance approval of the
commissioner of finance. Any
unexpended balance of the immediately
available money is available for the
year in which it is appropriated.
Contracts for the calendar year 1985
program must be written for the entire
period of the calendar year 1985
program.
The amount transferred from the
department of human services to the
department of economic security out of
appropriations for the biennium ending
June 30, 1985, for WIN match may be
transferred from grants to salaries to
meet the ten percent match requirement
by the federal government for fiscal
year 1985.
Of the money appropriated for the
summer youth employment program,
$150,000 each year is for youth
intervention programs. These amounts
are to be transferred to the
commissioner of energy and economic
development who shall administer the
program.
Subd. 4. Vocational Rehabilitation
Services
$18,171,200 $17,989,400
Any unexpended balance remaining in the
first year does not cancel and is
available for the second year.
Subd. 5. Training and Community Services
$ 1,368,000 $ 1,368,200
Notwithstanding any law to the
contrary, for the biennium ending June
30, 1987, the commissioner of economic
security shall transfer to the
low-income home weatherization program
five percent of money received under
the low-income home energy assistance
block grant in each year of the
biennium and shall expend all of the
transferred funds during the year of
the transfer. The commissioner shall
also transfer to the low-income home
weatherization program any money
remaining from the low-income home
energy assistance block grant at the
end of each program year. None of the
transferred money may be used by the
commissioner of economic security for
administrative costs.
Notwithstanding any law to the
contrary, the commissioner of economic
security shall transfer to the
community services block grant program
no less than five percent of money
received under the low-income home
energy assistance block grant in each
year of the biennium and shall expend
all of the transferred money during the
year of the transfer. None of the
transferred money may be used by the
department of economic security for its
administrative costs.
To the extent allowed by federal
regulations, the commissioner of
economic security shall ensure that the
same income eligibility criteria apply
to both the weatherization program and
the energy assistance program.
When determining eligibility for the
energy assistance program, the
commissioner of economic security shall
consider the total home energy needs
related to heat during the heating
season, of applicants for assistance.
Notwithstanding any other law to the
contrary, no more than 1.11 percent of
funds received under the total
low-income home energy assistance
program may be used by the department
of economic security for its
administrative costs.
Subd. 6. Program and Management
Support
$150,000 $150,000
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.
Sec. 4. MINNESOTA JOB SKILLS
PARTNERSHIP BOARD 500,000 -0-
Sec. 5. COMMISSIONER OF
CORRECTIONS
Subdivision 1. Total
Appropriation 85,550,600 89,032,400
The amounts that may be spent from the
appropriation for each program and
activity are more specifically
described in the following subdivisions.
Positions and administrative money may
be transferred within the department of
corrections as the commissioner
considers necessary, upon the advance
approval of the commissioner of finance.
Subd. 2. Management Services 3,260,300 3,374,300
Subd. 3. Community Services 21,511,100 21,866,400
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Support
$ 8,942,100 $9,132,600
Any unencumbered balance remaining in
the county probation reimbursement
account at the end of fiscal year 1986
does not cancel but is available for
the second year of the biennium. Any
surplus remaining in the account on
June 30, 1987 shall revert to the
general fund.
This appropriation includes $416,000
the first year for grants under
Minnesota Statutes, section 241.022 for
innovative pilot programs. Of this
amount, $170,000 must be used for a
grant to the Northwest Regional
Corrections Center in Crookston,
$170,000 for a grant to the Northeast
Regional Corrections Center in Duluth,
and $76,000 for a grant to the West
Central Juvenile Center in Moorhead.
Of this appropriation, $20,000 for
fiscal year 1986, and $20,000 for
fiscal year 1987 are for nonadjudicated
community corrections programs serving
White Bear Lake. These amounts are to
be transferred to the commissioner of
energy and economic development who
shall disburse the money.
Notwithstanding the provisions of any
law to the contrary, $250,000 in fiscal
year 1986 and $250,000 in fiscal year
1987 of the unencumbered balances
remaining from fiscal year 1985 money
in Wisconsin dedicated receipts are
appropriated to fund battered women
services.
(b) Community Corrections Act
$12,569,000 $12,733,800
Up to $500,000 of the unallotted
community corrections act money shall
be used to allow additional qualified
counties to participate in the
community corrections act subsidy
program during the fiscal year ending
June 30, 1987.
Any unencumbered balances for
department of corrections services
currently provided to any county not
included in the community corrections
act shall be transferred to the
community corrections act appropriation
when that county is included in the
community corrections act. A list of
those counties scheduled to come under
the community corrections act during
the biennium ending June 30, 1987, 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.
Subd. 4. Correctional
Institutions 60,779,200 63,791,700
(a) Salaries
$46,560,000 $47,557,700
(b) Current Expense
$ 9,319,300 $11,431,100
(c) Repairs and Betterments
$ 1,064,600 $ 817,800
(d) Special Equipment
$ 131,300 $ 195,600
Any unencumbered balances in special
equipment, repairs and betterments, and
industry remaining in the first year do
not cancel but are available for the
second year of the biennium.
The commissioner of corrections may
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
correctional purposes. Any
unencumbered balances within
correctional institutions in current
expense and salaries remaining in the
first year do not cancel but are
available for the second year of the
biennium if receipt projections in the
first year show a deficit for the
biennium.
(e) Institution Support
$3,704,000 $3,789,500
Sec. 6. SENTENCING GUIDELINES
COMMISSION 188,100 189,100
Sec. 7. CORRECTIONS OMBUDSMAN 316,000 302,000
Sec. 8. COMMISSIONER OF HEALTH
Subdivision 1. Total
Appropriation 28,498,000 27,712,200
The amounts that may be spent from this
appropriation for each program and
activity are more specifically
described in the following subdivisions.
The amounts shown in the program totals
have been reduced by $341,000 in fiscal
year 1986 and $341,000 in fiscal year
1987. The commissioner may determine
which activities will be reduced.
Positions and administrative money may
be transferred within the department of
health as the commissioner considers
necessary, with the advance approval of
the commissioner of finance.
The appropriation in Laws 1984, chapter
654, article 5, section 4, paragraph
(a), for an epidemiologic feasibility
study is available until spent.
Subd. 2. Preventive and Protective
Health Services 5,349,300 5,474,200
Of this appropriation, $140,000 each
year is appropriated from the
metropolitan landfill contingency fund
for monitoring well water supplies in
the metropolitan area.
Notwithstanding any other law, the
commissioner of health shall charge a
fee of at least $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
Minnesota Statutes, 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
Minnesota Statutes, chapter 14.
Subd. 3. Health Delivery
Systems 20,921,600 20,049,500
Of this appropriation, $461,600 the
first year and $484,600 the second year
are appropriated from the trunk highway
fund for emergency medical services
activities.
Of this appropriation, $1,500,000 is
for the Minnesota emergency medical
services system support act, to be
available until June 30, 1987. Of this
amount, $200,000 is for the rural
emergency response training site for
rural peace officers, firefighters, and
medical personnel, at the north campus
of Staples Technical Institute in
Staples, Minnesota, to be available
until June 30, 1986. The commissioner
of health shall cooperate with the
commissioner of public safety in
establishing the rural emergency
response training site.
$11,743,300 for fiscal year 1986 and
$12,309,700 for fiscal year 1987 are
for the community health services
subsidy.
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.
If the appropriation for community
health services or services to children
with handicaps is insufficient for
either year, the appropriation for the
other year is available by direction of
the governor after consulting with the
legislative advisory commission.
Appropriations from the general fund
for services to children with handicaps
for fiscal years 1985, 1986, and 1987
are available until June 30, 1987.
Subd. 4. Health Support Services 2,568,100 2,529,500
Sec. 9. HEALTH RELATED BOARDS
Subdivision 1. Total for this
section 2,337,400 2,365,100
The appropriations in this section are
from the special revenue fund.
Subd. 2. Board of Chiropractic
Examiners 65,600 66,800
Subd. 3. Board of Dentistry 233,700 237,500
Subd. 4. Board of Medical
Examiners 557,900 564,100
Subd. 5. Board of Nursing 775,500 786,700
Subd. 6. Board of Examiners for
Nursing Home Administrators 113,700 115,400
Subd. 7. Board of Optometry 44,000 45,000
Subd. 8. Board of Pharmacy 349,900 353,400
Subd. 9. Board of Podiatry 5,700 5,900
Subd. 10. Board of Psychology 123,000 120,400
Subd. 11. Board of Veterinary
Medicine 68,400 69,900
Subd. 12. REVENUE
The commissioner of finance shall not
permit the allotment, encumbrance, or
expenditure of money appropriated in
this section in excess of the
anticipated biennial revenues from fees
collected by the boards. Neither this
provision nor Minnesota Statutes,
section 214.06, applies to transfers
from the general contingent account, if
the amount transferred does not exceed
the amount of surplus revenue
accumulated by the transferee during
the previous five years.
Sec. 10. FEDERAL RECEIPTS
For the biennium ending June 30, 1987,
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 human services
must be accredited to and become a part
of the appropriations provided for in
section 2.
Sec. 11. MASTER LEASE-PURCHASE
RESTRICTION
The appropriations contained in this
act do not include any funds for
purchase of goods or equipment under a
master lease-purchase program except
for those items with a total cost
exceeding $100,000 and with a projected
useful life of at least ten years.
Sec. 12. PROVISIONS
For the biennium ending June 30, 1987,
money appropriated to the commissioner
of corrections and the commissioner of
human services in this act for the
purchase of provisions within the item
"current expense" must be used solely
for that purpose. Money provided and
not used for purchase of provisions
must be canceled into the fund from
which appropriated, except that money
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.
The allowance for food may be adjusted
annually according to the United States
department of labor, bureau of labor
statistics publication, producer price
index, with the approval of the
commissioner of finance. Adjustments
for fiscal year 1986 and fiscal year
1987 must be based on the June 1985,
and June 1986, producer price index
respectively, but the adjustment must
be prorated if the wholesale food price
index adjustment would require money in
excess of this appropriation.
Sec. 13. TRANSFERS OF MONEY
Subdivision 1. Governor's Approval Required
For the biennium ending June 30, 1987,
the commissioner of human services, the
commissioner of corrections, the
commissioner of economic security, and
the commissioner of health shall not
transfer 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 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 Unencumbered
Appropriations
For the biennium ending June 30, 1987,
the commissioners of human services,
corrections, and health by direction of
the governor after consulting with the
legislative advisory commission may
transfer unencumbered appropriation
balances and positions among all
programs.
Sec. 14. APPROVED COMPLEMENT
For the biennium ending June 30, 1987,
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 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. Requests for increases in
the approved complement must be
forwarded to the appropriate committees
on finance of the legislature at least
30 days before the legislative advisory
commission meeting.
ARTICLE 2
Section 1. [62A.26] [COVERAGE FOR PHENYLKETONURIA
TREATMENT.]
Subdivision 1. [SCOPE OF COVERAGE.] This section applies
to all policies of accident and health insurance, health
maintenance contracts regulated under chapter 62D, health
benefit certificates offered through a fraternal beneficiary
association regulated under chapter 64A, and group subscriber
contracts offered by nonprofit health service plan corporations
regulated under chapter 62C, but does not apply to policies
designed primarily to provide coverage payable on a per diem,
fixed indemnity or nonexpense incurred basis, or policies that
provide only accident coverage.
Subd. 2. [REQUIRED COVERAGE.] Every policy, plan,
certificate, or contract referred to in subdivision 1 issued or
renewed after August 1, 1985, must provide coverage for special
dietary treatment for phenylketonuria when recommended by a
physician.
Sec. 2. Minnesota Statutes 1984, section 62E.06,
subdivision 1, is amended to read:
Subdivision 1. [NUMBER THREE PLAN.] A plan of health
coverage shall be certified as a number three qualified plan if
it otherwise meets the requirements established by chapters 62A
and 62C, and the other laws of this state, whether or not the
policy is issued in Minnesota, and meets or exceeds the
following minimum standards:
(a) The minimum benefits for a covered individual shall,
subject to the other provisions of this subdivision, be equal to
at least 80 percent of the cost of covered services in excess of
an annual deductible which does not exceed $150 per person. The
coverage shall include a limitation of $3,000 per person on
total annual out-of-pocket expenses for services covered under
this subdivision. The coverage shall be subject to a maximum
lifetime benefit of not less than $250,000.
The $3,000 limitation on total annual out-of-pocket
expenses and the $250,000 maximum lifetime benefit shall not be
subject to change or substitution by use of an actuarially
equivalent benefit.
(b) Covered expenses shall be the usual and customary
charges for the following services and articles when prescribed
by a physician:
(1) Hospital services;
(2) Professional services for the diagnosis or treatment of
injuries, illnesses, or conditions, other than outpatient mental
or dental, which are rendered by a physician or at his direction;
(3) Drugs requiring a physician's prescription;
(4) Services of a nursing home for not more than 120 days
in a year if the services would qualify as reimbursable services
under medicare;
(5) Services of a home health agency if the services would
qualify as reimbursable services under medicare;
(6) Use of radium or other radioactive materials;
(7) Oxygen;
(8) Anesthetics;
(9) Prostheses other than dental;
(10) Rental or purchase, as appropriate, of durable medical
equipment other than eyeglasses and hearing aids;
(11) Diagnostic X-rays and laboratory tests;
(12) Oral surgery for partially or completely unerupted
impacted teeth, a tooth root without the extraction of the
entire tooth, or the gums and tissues of the mouth when not
performed in connection with the extraction or repair of teeth;
(13) Services of a physical therapist; and
(14) Transportation provided by licensed ambulance service
to the nearest facility qualified to treat the condition; or a
reasonable mileage rate for transportation to a kidney dialysis
center for treatment.
(c) Covered expenses for the services and articles
specified in this subdivision do not include the following:
(1) Any charge for care for injury or disease either (i)
arising out of an injury in the course of employment and subject
to a workers' compensation or similar law, (ii) for which
benefits are payable without regard to fault under coverage
statutorily required to be contained in any motor vehicle, or
other liability insurance policy or equivalent self-insurance,
or (iii) for which benefits are payable under another policy of
accident and health insurance, medicare or any other
governmental program except as otherwise provided by law;
(2) Any charge for treatment for cosmetic purposes other
than for reconstructive surgery when such service is incidental
to or follows surgery resulting from injury, sickness or other
diseases of the involved part or when such service is performed
on a covered dependent child because of congenital disease or
anomaly which has resulted in a functional defect as determined
by the attending physician;
(3) Care which is primarily for custodial or domiciliary
purposes which would not qualify as eligible services under
medicare;
(4) Any charge for confinement in a private room to the
extent it is in excess of the institution's charge for its most
common semi-private room, unless a private room is prescribed as
medically necessary by a physician, provided, however, that if
the institution does not have semi-private rooms, its most
common semi-private room charge shall be considered to be 90
percent of its lowest private room charge;
(5) That part of any charge for services or articles
rendered or prescribed by a physician, dentist, or other health
care personnel which exceeds the prevailing charge in the
locality where the service is provided; and
(6) Any charge for services or articles the provision of
which is not within the scope of authorized practice of the
institution or individual rendering the services or articles.
(d) The minimum benefits for a qualified plan shall
include, in addition to those benefits specified in clauses (a)
and (e), benefits for well baby care, effective July 1, 1980,
subject to applicable deductibles, coinsurance provisions, and
maximum lifetime benefit limitations.
(e) Effective July 1, 1979, the minimum benefits of a
qualified plan shall include, in addition to those benefits
specified in clause (a), a second opinion from a physician on
all surgical procedures expected to cost a total of $500 or more
in physician, laboratory and hospital fees, provided that the
coverage need not include the repetition of any diagnostic tests.
(f) Effective August 1, 1985, the minimum benefits of a
qualified plan must include, in addition to the benefits
specified in clauses (a), (d), and (e), coverage for special
dietary treatment for phenylketonuria when recommended by a
physician.
Sec. 3. Minnesota Statutes 1984, section 129A.01, is
amended to read:
129A.01 [DEFINITIONS.]
For the purposes of this chapter, the following terms shall
have the meanings given them:
(a) "Department" means the department of economic security;
(b) "Commissioner" means the commissioner of economic
security;
(c) "Vocational rehabilitation services" means those
services and goods so defined in the federal Rehabilitation Act
of 1973 and section 129A.03, clause (b);
(d) "Handicapped person" means a person who because of a
substantial physical, mental or emotional disability or
dysfunction requires special services in order to enjoy the
benefits of society;
(e) "Long-term sheltered workshop" means a facility where
any manufacture or handiwork is carried on and which is operated
for the primary purpose of providing remunerative employment to
those handicapped persons who, as a result of physical or mental
disability, are unable to participate in competitive
employment. A long-term sheltered workshop shall supply such
employment (1) as a step in the rehabilitation process for those
who cannot be readily absorbed in the competitive labor market,
or (2) during such time as employment opportunities for them in
the competitive labor market do not exist;
(f) "Work activity program" means a program which utilizes
manufacturing activities and other production work for the
primary purpose of providing basic vocational skills development
for the handicapped;
(g) "Sheltered employee" means a handicapped person working
for pay while participating in a long-term sheltered workshop
program.
(h) "Center for independent living" means a private
nonprofit organization incorporated under Minnesota law and
operated for the purpose of providing independent living
services to persons with disabilities. Boards of directors for
the center for independent living are composed of community
representatives. Fifty-one percent of the board members must be
individuals who are either severely disabled themselves or
spouses or parents of severely disabled persons.
Sec. 4. Minnesota Statutes 1984, 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:
diagnostic and related services incidental to determination of
eligibility for services to be provided, 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 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; 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; establishment, improvement, maintenance or extension of
public and other nonprofit 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; these persons
are entitled to free choice of vendor for any medical or dental
services provided under this paragraph;
(c) Formulate plans of cooperation with the commissioner of
labor and industry for providing services to workers covered
under the workers' compensation act. Those plans are effective
only 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,"
Public Law 761, Section 221, and the act approved October 30,
1972, known as the Social Security Amendments of 1972, Public
Law 92-603, and subsequent amendments. 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 a class or classes of individuals in this state
that is designated in the agreement at the state's request. 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 its direct costs with state and federal
funds;
(f) Conduct research and demonstration projects; provide
training and instruction, including 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 money and gifts
available from governmental and private sources for the purpose
of vocational rehabilitation. Money received from workers'
compensation carriers for vocational rehabilitation services to
injured workers must be deposited in the general fund;
(h) Design all state plans of vocational rehabilitation
services required as a condition to the receipt and disbursement
of any 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 staff and arrange 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 that the commissioner by
sections 129A.01 to 129A.09 is empowered to administer.
Sec. 5. [129A.061] [REQUIREMENTS FOR CERTIFICATION.]
Subdivision 1. [BENEFITS.] A long-term sheltered workshop
must, as a condition for receiving program certification,
provide employees in a long-term employment program the
personnel benefits prescribed in rules adopted by the
commissioner of the department of economic security.
Subd. 2. [GRIEVANCE PROCEDURE.] A long-term sheltered
workshop must, as a condition for receiving program
certification, provide to employees in a long-term employment
program a grievance procedure which has as its final step
provisions for final and binding arbitration.
Sec. 6. Minnesota Statutes 1984, section 129A.07,
subdivision 1, is amended to read:
Subdivision 1. Every city, town, county, nonprofit
corporation, or combination thereof establishing a community
long-term sheltered workshop or work activity program shall
appoint a long-term sheltered workshop board of no fewer than
nine members before becoming eligible for the assistance
provided by sections 129A.06 to 129A.08. When any city, town, or
county singly establishes such a workshop or work activity
program, the board shall be appointed by the chief executive
officer of the city or the chairman of the governing board of
the county or town. When any combination of cities, towns,
counties or nonprofit corporations establishes a workshop or
work activity program, the chief executive officers of the
cities, nonprofit corporations and the chairmen of the governing
bodies of the counties or towns shall appoint the board. If a
nonprofit corporation singly establishes a workshop or work
activity program, the corporation shall appoint the board of
directors. Membership on a board shall be representative of the
community served and shall include a handicapped person.
One-third to one-half of the board shall be representative of
industry or business. The remaining members should be
representative of lay associations for the handicapped, labor,
the general public, and education, welfare, medical, and health
professions. Nothing in sections 129A.06 to 129A.08 shall be
construed to preclude the appointment of elected or appointed
public officials or members of the board of directors of the
sponsoring nonprofit corporation to the board, so long as
representation described above is preserved. If a county
establishes a workshop or work activity program and manages the
workshop with county employees, the governing board shall be the
county board of commissioners and other provisions of this
chapter pertaining to membership on the governing board do not
apply.
Sec. 7. Minnesota Statutes 1984, section 129A.08,
subdivision 5, is amended to read:
Subd. 5. [RULE AUTHORITY.] In addition to the powers
already conferred on him by law, the commissioner shall
promulgate rules on:
(a) state certification of all long-term sheltered
workshops and work activity programs;
(b) eligibility of community long-term sheltered workshops
and work activity programs to receive state grants;
(c) standards for qualification of personnel and quality of
professional service and for in-service training and education
leave programs for personnel;
(d) eligibility for service so that no person will be
denied service on the basis of race, creed or color;
(e) regulatory fees for consultation services;
(f) standards and criteria by which handicapped persons are
to be judged eligible for the services;
(g) evaluation criteria for long-term sheltered workshops;
and
(h) program evaluation criteria for work activity programs
in order to determine the extent to which these programs meet
the goals and objectives established in state and federal law
relating to work activity programs.
The rules on evaluation criteria for long-term sheltered
workshops must be in effect by July 1, 1985 1986. The rules
must be used in making allocations for fiscal years beginning
after June 30, 1986 1987.
Sec. 8. [129A.10] [INDEPENDENT LIVING SERVICES.]
Subdivision 1. [SERVICES OFFERED.] Independent living
services are those services designed to materially improve
opportunities for persons with disabilities to live and function
more independently in their home, family, and community, and the
services include:
(1) intake counseling to determine the individual's needs
for services;
(2) referral and counseling services with respect to
attendant care;
(3) counseling and advocacy with respect to legal and
economic rights and benefits;
(4) independent living skills, training, and counseling;
(5) housing and transportation referral and assistance;
(6) surveys, directories, and other activities to identify
appropriate housing and accessible transportation and other
support services;
(7) peer counseling;
(8) education and training necessary to living in the
community and participating in community affairs;
(9) individual and group social and recreational activities;
(10) attendant care and training of personnel to provide
the care; and
(11) other necessary services which are not inconsistent
with sections 1 and 2.
Subd. 2. [ADMINISTRATION.] This section shall be
administered by the department of economic security through the
division of vocational rehabilitation. The department may
employ staff as reasonably required to administer this section
and may accept and receive funds from nonstate sources for the
purpose of effectuating this section.
Subd. 3. [CERTIFICATION.] No applicant center for
independent living may receive funding under this section unless
it has received certification from the division of vocational
rehabilitation.
The division of vocational rehabilitation shall involve
disabled consumers and other interested persons to consider
performance evaluation criteria in order to formulate rules by
which centers will be certified by July 1, 1986.
The division of vocational rehabilitation shall review the
programs for centers of independent living receiving funds from
this section to determine their adherence to standards adopted
by rule and if the standards are substantially met, shall issue
appropriate certifications.
Subd. 4. [APPLICATION OF CENTERS FOR INDEPENDENT
LIVING.] The division of vocational rehabilitation shall require
centers for independent living to complete application forms,
expenditure reports, and proposed plans and budgets. These
reports must be in the manner and on the form prescribed by the
division. When applying, the center for independent living
shall agree to provide reports and records, and make available
records for audit as may be required by the division of
vocational rehabilitation.
The applicant center for independent living shall be
notified in writing by the division concerning the approval of
budgets and plans.
Sec. 9. [144.126] [PHENYLKETONURIA TESTING PROGRAM.]
The commissioner shall provide on a statewide basis without
charge to the recipient, treatment control tests for which
approved laboratory procedures are available for phenylketonuria
and other metabolic diseases causing mental retardation.
Sec. 10. [144.128] [TREATMENT FOR POSITIVE DIAGNOSIS,
REGISTRY OF CASES.]
The commissioner shall:
(1) make arrangements for the necessary treatment of
diagnosed cases of phenylketonuria and other metabolic diseases
when treatment is indicated and the family is uninsured and,
because of a lack of available income, is unable to pay the cost
of the treatment;
(2) maintain a registry of cases of phenylketonuria and
other metabolic diseases for the purpose of follow-up services
to prevent mental retardation; and
(3) adopt rules to carry out section 144.126 and this
section.
Sec. 11. Minnesota Statutes 1984, section 144.70, is
amended to read:
144.70 [ANNUAL BIENNIAL REPORT.]
Subdivision 1. [CONTENT.] The commissioner of health shall
prepare and prior to each legislative session a report every two
years concerning the status and operations of the health care
markets in Minnesota. The commissioner of health shall transmit
the reports to the governor and to the members of the
legislature an annual. The first report of must be submitted on
January 15, 1987, and succeeding reports on January 15 every two
years. Each report must contain information, analysis, and
appropriate recommendations concerning the following issues
associated with Minnesota health care markets:
(1) the overall status of the health care cost problem,
including the costs faced by employers and individuals, and
prospects for the problem's improving or getting worse;
(2) the status of competitive forces in the market for
health services and the market for health plans, and the effect
of the forces on the health care cost problem;
(3) the feasibility and cost-effectiveness of facilitating
development of strengthened competitive forces through state
initiatives;
(4) the feasibility of limiting health care costs by means
other than competitive forces, including direct forms of
government intervention such as price regulation; the
commissioner of health may exclude this issue from the report if
the report concludes that the overall status of the health care
cost problem is improving, or that competitive forces are
contributing significantly to health care cost containment;
(5) the overall status of access to adequate health
services by citizens of Minnesota, the scope of financial and
geographic barriers to access, the effect of competitive forces
on access, and prospects for access improving or getting worse;
(6) the feasibility and cost-effectiveness of enhancing
access to adequate health services by citizens of Minnesota
through state initiatives; and
(7) the commissioner of health's operations and activities
for the preceding fiscal year two years as they relate to the
duties imposed on the commissioner of health by sections 144.695
to 144.703. This report shall include a compilation of all
summaries and reports required by sections 144.695 to 144.703
together with any findings and recommendations of the
commissioner of health.
Subd. 2. [INTERAGENCY COOPERATION.] In completing the
report required by subdivision 1, in fulfilling the requirements
of sections 144.695 to 144.703, and in undertaking other
initiatives concerning health care costs, access, or quality,
the commissioner of health shall cooperate with and consider
potential benefits to other state agencies that have a role in
the market for health services or the market for health plans.
Other agencies include the department of employee relations, as
administrator of the state employee health benefits program; the
department of human services, as administrator of health
services entitlement programs; the department of commerce, in
its regulation of health plans; the department of labor and
industry, in its regulation of health service costs under
workers' compensation; and the state planning agency, in its
planning for the state's health service needs.
Sec. 12. [MANDATED BENEFITS COMMISSION.]
If the governor, during fiscal year 1986, establishes a
special commission to study and make recommendations on the
appropriate content of the mandated or minimum benefits to be
required of health plans in Minnesota, representation on the
commission must include:
(1) one member from the state planning agency, who shall
chair the commission;
(2) two members from the senate of the state of Minnesota,
one from the majority party and one from the minority party;
(3) two members from the house of representatives of the
state of Minnesota, one from the majority party and one from the
minority party;
(4) one member from the Minnesota department of commerce;
(5) one member from the Minnesota department of health;
(6) one member representing Minnesota counties;
(7) one member representing Minnesota employers;
(8) one member representing health insurance companies, one
member representing health maintenance organizations, and one
member representing nonprofit health service plans;
(9) two members representing the providers of health
services;
(10) one member representing labor; and
(11) one member representing low income consumers.
Sec. 13. [144.8093] [EMERGENCY MEDICAL SERVICES FUND.]
Subdivision 1. [CITATION.] This section is the "Minnesota
emergency medical services system support act."
Subd. 2. [ESTABLISHMENT AND PURPOSE.] In order to develop,
maintain, and improve regional emergency medical services
systems, the department of health shall establish an emergency
medical services system fund. The fund shall be used for the
general purposes of promoting systematic, cost effective
delivery of emergency medical care throughout the state;
identifying common local, regional, and state emergency medical
system needs and providing assistance in addressing those needs;
undertaking special projects of statewide significance that will
enhance the provision of emergency medical care in Minnesota;
providing for public education about emergency medical care;
promoting the exchange of emergency medical care information;
ensuring the ongoing coordination of regional emergency medical
services systems; and establishing and maintaining training
standards to ensure consistent quality of emergency medical
services throughout the state.
Subd. 3. [USE AND RESTRICTIONS.] Designated regional
emergency medical services systems may use emergency medical
services system funds to support local and regional emergency
medical services as determined within the region, with
particular emphasis given to supporting and improving emergency
trauma and cardiac care and training. No part of a region's
share of the fund may be used to directly subsidize any life
support transportation service operations or rescue service
operations or to purchase any vehicles or parts of vehicles for
a life support transportation service or a rescue service.
Subd. 4. [DISTRIBUTION.] Money from the fund shall be
distributed according to this subdivision. Eighty percent of
the fund shall be distributed annually on a contract for
services basis with each of the eight regional emergency medical
services systems designated by the commissioner of health. The
systems shall be governed by a body consisting of appointed
representatives from each of the counties in that region and
shall also include representatives from emergency medical
services organizations. The commissioner shall contract with a
regional entity only if the contract proposal satisfactorily
addresses proposed emergency medical services activities in the
following areas: personnel training, transportation
coordination, public safety agency cooperation, communications
systems maintenance and development, public involvement, health
care facilities involvement, and system management. If each of
the regional emergency medical services systems submits a
satisfactory contract proposal, then this part of the fund shall
be distributed evenly among the regions. If one or more of the
regions does not contract for the full amount of its even share
or if its proposal is unsatisfactory, then the commissioner may
reallocate the unused funds to the remaining regions on a pro
rata basis. Six and two-thirds percent of the fund shall be
used by the commissioner to support regionwide reporting systems
and to provide other regional administration and technical
assistance. Thirteen and one-third percent shall be distributed
by the commissioner as discretionary grants for special
emergency medical services projects with potential statewide
significance.
Sec. 14. [145.131] [FINDINGS AND PURPOSE.]
The legislature finds that Alzheimer's and other dementia
diseases occur in recipients of medical assistance. The costs
the state pays in terms of human suffering, lost productivity,
and medical assistance expenditures are enormous. The
legislature also finds that research for the identification,
cause, cure, and prevention of Alzheimer's and other dementia
diseases requires autopsies and pathological studies of
suspected victims. Expenses for autopsies and pathological
studies are not provided for recipients of medical assistance.
Sec. 15. [145.132] [AUTHORIZED REMOVAL OF BRAIN.]
If the attending physician of a recipient of medical
assistance is of the opinion that the deceased recipient was a
victim of Alzheimer's disease, the physician or a designated
pathologist may remove the brain of the decedent. Before the
physician removes the brain, the physician shall obtain the
permission of the decedent's next of kin, the authorization of
the county coroner or medical examiner, and the authorization of
the appropriate department of the St. Paul Ramsey medical
center. The extracted brain shall be immediately transported to
the St. Paul Ramsey medical center in a manner prescribed by the
St. Paul Ramsey medical center.
Sec. 16. Minnesota Statutes 1984, section 145.912,
subdivision 15, is amended to read:
Subd. 15. "Population" means the total resident population
as enumerated during the most recent federal census or, the
annual population estimate prepared by the commissioner of
energy and economic development in cooperation with the bureau
of the census shall be used in order to have the most current
data available number of residents of the state or of any city
or county as established by the last federal census, by a
special census taken by the United States Bureau of the Census,
by the state demographer pursuant to section 116K.04,
subdivision 4, or an estimate of city population prepared by the
metropolitan council, whichever is the most recent as to the
stated date of count or estimate.
Sec. 17. Minnesota Statutes 1984, section 145.917,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY OF CITIES.] A city having a city
health department organized under the provisions of this chapter
and located in a county having a population of 300,000 or more
persons, or two or more contiguous cities combined under the
provisions of section 471.59, having an aggregate population of
65,000 or more persons and located in a county having a
population of 300,000 or more persons, shall be eligible for the
community health services subsidy under the provisions of
sections 145.911 to 145.922 if:
(a) There is a board of health organized under the
provisions of section 145.913, subdivision 2;
(b) There is substantial compliance with the requirements
established by the state commissioner of health under the
provisions of section 145.918;
(c) There are local matching funds provided to support the
community health services as provided in section 145.921;
(d) The plan developed under the provisions of section
145.92 shall be consistent with the plan developed by the county
and shall be approved by both the city council and the county
board.
The city's proportionate share of the community health
services subsidy shall be determined by calculating the
proportion of local expenditures for community health services
within the county that were expended by the city. In a county
which has, or hereafter establishes, an operational human
services board pursuant to section 145.913, subdivision 1, the
subsidy payment shall be made to the human services board
pursuant to section 402.02, subdivision 4. The human services
board shall assure that those cities which establish eligibility
under this subdivision receive their proportional share of the
subsidy by entering into a contract with the city under which
the city shall provide community health services in return for
their share of the subsidy.
Sec. 18. Minnesota Statutes 1984, section 145.917,
subdivision 3, is amended to read:
Subd. 3. [ELIGIBILITY OF CITIES.] A city located within
three or more counties and any contiguous political subdivision
or subdivisions shall have the authority to combine, for the
purposes of sections 145.911 to 145.922, under the provisions of
section 471.59, and shall be eligible for a proportional share
of the subsidy provided in section 145.921 for the counties
under the following conditions:
(a) There shall be an aggregate population of 40,000 or
more persons;
(b) There is a board of health organized under the
provisions of section 145.913;
(c) There is substantial compliance with the requirements
established by the state commissioner of health under the
provisions of section 145.918;
(d) There are local matching funds provided to support the
community health services as provided in section 145.921;
(e) The plan developed under the provisions of section
145.92 shall be approved by the city council and the governing
bodies of each of the political subdivisions and by the state
commissioner of health.
The proportionate share of the subsidy for the city and any
contiguous political subdivision combined with such city shall
be determined by calculating the proportion of total county
population that live in the city and the contiguous political
subdivisions. When all three counties within which the city is
located have combined under the provisions of sections 145.911
to 145.922, the subsidy payment shall be made to the
multi-county board of health. The multi-county board of health
shall enter into a purchase of service contract to provide a
proportional share of the subsidy to the city and any contiguous
political subdivisions that establish eligibility under the
provisions of this subdivision.
Sec. 19. Minnesota Statutes 1984, section 145.917,
subdivision 4, is amended to read:
Subd. 4. [WITHDRAWAL.] Any participating county or city,
may by resolution of its governing body, indicate its intention
to withdraw from the subsidy program established by sections
145.911 to 145.922 145.921.
(a) Notification shall be given to the state commissioner
of health and to each county or city in any multi-county or
multi-city combination, at least one year before the beginning
of the fiscal year in which it takes effect.
(b) When two or more counties or cities have combined for
the purposes of sections 145.911 to 145.921, the withdrawal
provision shall not be applicable during the first two years
following the adoption of the initial agreement to combine.
(c) The withdrawal of a county or city from a group of two
or more counties or cities combined for the purposes of sections
145.911 to 145.921 shall not affect the eligibility for the
community health services subsidy of the remaining counties or
cities for at least one year following the withdrawal.
(d) The amount of any additional annual payment for
calendar year 1985 made pursuant to Laws 1976, section 11,
subdivision 4, shall be subtracted from the subsidy for a county
that, due to withdrawal from a multi-county combination, ceases
to meet the terms and conditions under which that additional
annual payment was made.
Sec. 20. Minnesota Statutes 1984, section 145.921, is
amended to read:
145.921 [COMMUNITY HEALTH SERVICES SUBSIDY.]
Subdivision 1. [PAYMENT SUBSIDY FORMULA.] 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 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.
Subd. 2. [FORMULA.] To determine the amount to be paid
participating cities and counties, the state commissioner of
health shall apply the following formula using the most current
data available:
(a) All counties will be ranked in accordance with a
formula involving three factors:
(1) Per capita income;
(2) Per capita taxable value; and
(3) Per capita local expenditure per 1,000 population for
community health services.
(b) Each county is then ranked as follows:
(1) On the basis of per capita income the ranking is from
the lowest to the highest;
(2) Per capita taxable value is ranked from lowest to
highest;
(3) Per capita expenditure is ranked from highest to lowest.
(c) The ranking given each county on each of the foregoing
three factors is then totaled and the counties ranked in
numerical order according to score.
(d) The total score for each county thus determined is then
divided into a median total score. The quotient thus obtained
is then multiplied by $2.25 times the county population. The
resulting product is the amount of subsidy to which the county
is eligible under this formula, provided that no city or county
shall receive less than $1.75 or more than $2.75 per capita,
provided that such computation shall not include additional
subsidies granted pursuant to subdivisions 4 or 5 The
commissioner of health shall distribute a subsidy for the
operations of boards of health organized and operating under
sections 145.911 to 145.92.
(a) Each city or county eligible for a subsidy under
section 145.917 shall receive no less for any calendar year than
the total community health services subsidy that was allocated
for that city or county by the commissioner of health under this
section for calendar year 1985.
(b) Additional money appropriated for the operations of
local boards of health organized and operating under sections
145.911 to 145.92 shall be distributed in proportion to
population.
Subd. 3 2. [LOCAL MATCH.] The amount of local matching
funds required to receive the full subsidy shall be determined
by multiplying the population by $4.50 and subtracting the
community health services subsidy allocated under the provisions
of this section. Each board of health that receives a subsidy
shall provide local matching money equal to that subsidy during
the year for which the subsidy is made, subject to the following
provisions:
(a) the local matching funds may include local tax levies,
gifts, fees for services and revenues from contracts.;
(b) when the amount of local matching funds for a board of
health is less than the amount specified, the state formula
subsidy provided for that board of health under this section
shall be reduced proportionally.;
(c) when a participating city or county board of health
fails to expend the full amount of the subsidy to which it would
be entitled in any one year under the provisions of sections
145.911 to 145.922, the state commissioner of health may, at his
discretion, retain the surplus, subject to disbursement in the
following year to the city or county board of health in the
following calendar year if it the board of health can
demonstrate a need for and ability to expend the surplus for the
purposes provided in section 145.918.; and
(d) a city organized under the provisions of sections
145.911 to 145.922 that levies a tax for provision of community
health services shall be exempted from any county levy for the
same services to the extent of the levy imposed by the city.
Subd. 4. [PAYMENT.] A city, county, or group of cities or
counties with an aggregate population of 50,000 or more persons
which meet the eligibility requirements of section 145.915 shall
be entitled to an additional annual payment of $.25 per capita.
Each county that combines with another county or counties
for the purposes of sections 145.911 to 145.921 shall be
entitled to an additional annual payment of $5,000.
Subd. 5 3. [PLANNING GRANTS PAYMENT.] The state
commissioner of health may provide grants to any county or group
of counties showing intent to come within the provisions of
sections 145.911 to 145.921 for the purpose of planning for the
development, implementation, and operation of community health
services. No single county shall receive more than $25,000 to
conduct the planning. The state commissioner of health shall
specify the terms and conditions of grants. When a board of
health meets the requirements prescribed in section 145.917, the
state commissioner of health shall pay the amount of subsidy to
the board of health or its designee according to applicable
rules and regulations from the money appropriated for the
purpose and according to the following:
(a) the commissioner of health shall make payments for
community health services to each board of health or its
designee in 12 installments a year;
(b) the commissioner shall ensure that the pertinent
payment of the allotment for each month is made on the first
working day after the end of each month of the calendar year,
except for the last month of the calendar year;
(c) the commissioner shall ensure that each board of health
or its designee 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; and
(d) the commissioner shall make payment to a human services
board organized and operating under section 145.913, subdivision
1, paragraph (a), or to its designee, as prescribed in section
402.02, subdivision 4.
Sec. 21. Minnesota Statutes 1984, section 145.922, is
amended to read:
145.922 [SPECIAL GRANTS.]
Subdivision 1. [PLANNING GRANTS.] The state commissioner
of health may provide grants not to exceed $25,000 to any county
for the purpose of planning to participate under sections
145.911 to 145.921. The commissioner of health shall specify
the terms and conditions of grants.
Subd. 2. [MIGRANT HEALTH GRANTS.] The state commissioner
of health may make special grants to cities, counties, groups of
cities or counties, or nonprofit corporations to establish,
operate or subsidize clinic facilities and services, including
mobile clinics, to furnish health services for migrant
agricultural workers and their families in areas of the state in
which significant numbers of migrant workers are located.
Applicants shall submit for approval a plan and budget for the
use of the funds in the form and detail specified by the state
commissioner of health. They shall maintain records, including
records of expenditures to be audited, as the state commissioner
of health specifies.
Subd. 2 3. [INDIAN HEALTH GRANTS.] The state commissioner
of health may make special grants to local boards of health to
establish, operate, or subsidize clinic facilities and services
to furnish health services for American Indians who have no
established county of residence. The community health services
plan submitted by the local board of health must contain a
proposal for the delivery of the services and documentation of
input by affected segments of the community to the plan in order
to qualify for a grant under this subdivision.
Sec. 22. [PINE COUNTY COMMUNITY HEALTH SERVICES.]
Subdivision 1. [REQUIREMENTS.] Notwithstanding the
population requirement of section 145.917, subdivision 1,
paragraph (a), Pine county is eligible for a subsidy under
section 145.921, effective July 1, 1985, provided:
(1) the county meets all other requirements of sections
145.913 and 145.917;
(2) the county meets the population requirement of section
145.917, subdivision 1, paragraph (a), on or before January 1,
1986; and
(3) sufficient funds are appropriated for this purpose.
Subd. 2. [PAYMENT.] Payment of the subsidy authorized by
this special law must begin on the last day of the month
following the month in which the county complies with
subdivision 1. The subsidy for the period July 1, 1985, through
December 31, 1985, must be provided in a single payment.
Subsequent payments must be made as prescribed in section
145.921.
Sec. 23. Minnesota Statutes 1984, section 171.29,
subdivision 2, is amended to read:
Subd. 2. Any (a) A person whose drivers license has been
revoked as provided in subdivision 1, except under section
169.121 or 169.123, shall pay a $30 fee before his drivers
license is reinstated.
(b) A person whose drivers license has been revoked as
provided in subdivision 1 under section 169.121 or 169.123 shall
pay a $100 $150 fee before his or her drivers license is
reinstated; 75 50 percent of this fee shall be credited to the
trunk highway fund and 25 50 percent shall be credited to the
general fund a separate account to be known as the county
probation reimbursement account. Money in this account is
appropriated to the commissioner of corrections for the costs
that counties assume under Laws 1959, chapter 698, of providing
probation and parole services to wards of the commissioner of
corrections. This money is provided in addition to any money
which the counties currently receive under section 260.311,
subdivision 5.
Sec. 24. Minnesota Statutes 1984, section 214.06,
subdivision 1, is amended to read:
Subdivision 1. Notwithstanding any law to the contrary,
the commissioner of health as authorized by section 214.13, all
health related licensing boards and all nonhealth related
licensing boards shall by rule, with the approval of the
commissioner of finance, adjust any fee which the commissioner
of health or the board is empowered to assess a sufficient
amount so that the total fees collected by each board will as
closely as possible equal anticipated expenditures during the
fiscal biennium, as provided in section 16A.128. For members of
an occupation registered after July 1, 1984 by the commissioner
of health under the provisions of section 214.13, the fee
established must include an amount necessary to recover, over a
five year period, the commissioner's direct expenditures for
adoption of the rules providing for registration of members of
the occupation. All fees received shall be deposited with in
the state treasurer and treasury. Fees received by health
related licensing boards must be credited to the general special
revenue fund.
Sec. 25. Minnesota Statutes 1984, section 241.01,
subdivision 7, is amended to read:
Subd. 7. [USE OF FACILITIES BY OUTSIDE AGENCIES.] The
commissioner of corrections may authorize and permit public or
private social service, educational, or rehabilitation agencies
or organizations, and their clients; or lawyers, insurance
companies, or others; to use the facilities, staff, and other
resources of correctional facilities under his control and may
require the participating agencies or organizations to pay all
or part of the costs thereof. All sums of money received
pursuant to the agreements herein authorized shall not cancel
until the end of the fiscal year immediately following the
fiscal year in which the funds were received. The funds are
available for use by the commissioner during that period, and
are hereby appropriated annually to the commissioner of
corrections for the purposes of this subdivision.
Sec. 26. Minnesota Statutes 1984, section 241.71, is
amended to read:
241.71 [CREATION OF ADVISORY TASK FORCE.]
The commissioner of corrections may appoint an advisory
task force on the woman offender in corrections. The task force
shall have no more than 20 members and shall reflect a statewide
geographical representation. The provisions of section 15.059,
subdivision 6, shall govern the expiration, terms, expenses, and
removal of members of the advisory task force. Notwithstanding
section 15.059, the advisory task force shall continue until it
is terminated by the commissioner.
Sec. 27. Minnesota Statutes 1984, section 252.025,
subdivision 1, is amended to read:
Subdivision 1. State hospitals for mentally retarded
persons and persons having epilepsy shall be established and
maintained at Faribault, Cambridge and Brainerd, and
notwithstanding any provision to the contrary they shall be
respectively known as the Faribault State Hospital, the
Cambridge State Hospital, and the Brainerd State Hospital. Each
of the foregoing state hospitals shall also be known by the name
of regional center at the discretion of the commissioner of
human services. The terms "human services" or "treatment" may
be included in the designation.
Sec. 28. Minnesota Statutes 1984, section 252.28,
subdivision 1, is amended to read:
Subdivision 1. [DETERMINATIONS; BIENNIAL
REDETERMINATIONS.] In conjunction with the appropriate county
boards, the commissioner of human services 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.
Sec. 29. Minnesota Statutes 1984, section 254.05, is
amended to read:
254.05 [DESIGNATION OF STATE HOSPITALS.]
The state hospital for the insane located at Anoka shall
hereafter be known and designated as the Anoka state hospital;
the state hospital for the insane located at Hastings shall
hereafter be known and designated as the Hastings state
hospital; the state hospital for the insane and the hospital
farm for inebriates located at Willmar shall hereafter be known
and designated as the Willmar state hospital; the state hospital
for the insane located at Moose Lake shall hereafter be known
and designated as the Moose Lake state hospital; the state
hospital for the insane located at Fergus Falls shall hereafter
be known and designated as the Fergus Falls state hospital; the
state hospital for the insane located at Rochester shall
hereafter be known and designated as the Rochester state
hospital; and the state hospital for the insane located at St.
Peter shall hereafter be known and designated as the St. Peter
state hospital. Each of the foregoing state hospitals shall
also be known by the name of regional center at the discretion
of the commissioner of human services. The terms "human
services" or "treatment" may be included in the designation.
Sec. 30. Minnesota Statutes 1984, section 256.737, is
amended to read:
256.737 [COMMUNITY WORK EXPERIENCE PROGRAM.]
In order that persons receiving aid under this chapter may
be assisted in achieving self-sufficiency by enhancing their
employability through meaningful work experience and training
and the development of job search skills, the commissioner of
human services may continue the pilot community work experience
demonstration programs that were approved by January 1, 1984.
No new pilot community work experience demonstration programs
may be established. The commissioner shall: (a) assist
counties in the design, implementation, and evaluation of these
demonstration programs; (b) promulgate, in accordance with
chapter 14, emergency rules necessary for the implementation of
this section, except that the time restrictions of section 14.35
shall not apply and the rules may be in effect until the
termination of the demonstration programs; and (c) seek any
federal waivers necessary for proper implementation of this
section in accordance with federal law. The commissioner shall
prohibit use of participants in the programs to do work that was
part or all of the duties or responsibilities of an authorized
public employee position established as of January 1, 1983. The
exclusive bargaining representative shall be notified no less
than 14 days in advance of any placement by the community work
experience program. Concurrence with respect to job duties of
persons placed under the community work experience program shall
be obtained from the appropriate exclusive bargaining
representative. The appropriate oversight committee shall be
given monthly lists of all job placements under a community work
experience program.
Projects shall end no later than June 30, 1985 1987, and a
preliminary report shall be made to the legislature by February
15, 1985 1987, on the feasibility of permanent implementation
and on the cost effectiveness of each of the demonstration
programs.
Sec. 31. Minnesota Statutes 1984, section 256.82,
subdivision 2, is amended to read:
Subd. 2. [FOSTER CARE MAINTENANCE PAYMENTS.]
Notwithstanding subdivision 1, for the purposes of foster care
maintenance payments under Title IV-E of the federal Social
Security Act, 42 U.S.C. Sections 670 to 676, during the biennium
ending June 30, 1983 period beginning July 1, 1985, and ending
December 31, 1985, the county paying the maintenance costs shall
be reimbursed for the costs from those federal funds available
for that purpose together with an amount of state funds equal to
a percentage of the difference between the total cost and the
federal funds made available for payment. This percentage shall
not exceed the percentage specified in subdivision 1 for the aid
to families with dependent children program. In the event that
the state appropriation for this purpose is less than the state
percentage set in subdivision 1, the reimbursement shall be
rateably reduced to the county. Beginning January 1, 1986, for
the purpose of foster care maintenance payments under Title IV-E
of the Social Security Act, United States Code, title 42,
sections 670 to 676, the county paying the maintenance costs
must be reimbursed for the costs from the federal money
available for the purpose.
Sec. 32. Minnesota Statutes 1984, section 256.87,
subdivision 1, is amended to read:
Subdivision 1. [ACTIONS AGAINST PARENTS FOR ASSISTANCE
FURNISHED.] At any time during the continuance of assistance to
a child granted under sections 256.72 to 256.87 except as set
forth below, A parent of a child is liable for the amount of
assistance furnished during the two years immediately preceding
the commencement of the action under sections 256.72 to 256.87
to and for the benefit of the child, including any assistance
furnished for the benefit of the caretaker of the child, which
the parent is reasonably able has had the ability to pay.
Provided, however, The parent's liability is limited to the
amount of assistance furnished during the two years immediately
preceding the commencement of the action, except that where
child support has been previously ordered, the state or county
agency providing the assistance, as assignee of the obligee,
shall be entitled to judgments for child support payments
accruing within ten years preceding the date of the commencement
of the action to collect up to the full amount of assistance
furnished. The action may be ordered by the state agency or
county agency and shall be brought in the name of the county by
the county attorney of the county in which the assistance was
granted, or by the state agency against the parent for the
recovery of the amount of assistance granted, together with the
costs and disbursements of the action.
Sec. 33. Minnesota Statutes 1984, section 256.871,
subdivision 4, is amended to read:
Subd. 4. [EMERGENCY DEFINED.] An emergency is a situation
or set of circumstances which endangers or threatens to endanger
the health or safety of a child or his or her relative
caretaker. Examples of emergencies which create the need for
such assistance include natural disasters such as floods, fires,
or storms; civil disorders,; strikes,; illness,; accident
,; death,; eviction from shelter,; migrant families in
necessitous circumstances,; or other crises, as defined by the
commissioner, in accordance with directives of the United States
secretary of health, education, and welfare human services. The
commissioner shall limit, entirely or in part, emergency
assistance payments for utilities and housing when eligible
families do not demonstrate that they have made a good faith
effort to meet those payments.
Sec. 34. Minnesota Statutes 1984, section 256.969,
subdivision 1, is amended to read:
Subdivision 1. [ANNUAL COST INDEX.] The commissioner of
human services shall develop a prospective payment system for
inpatient hospital service under the medical assistance and
general assistance medical care programs. Rates paid to
established for licensed hospitals for rate years beginning
during the fiscal biennium ending June 30, 1985 1987, 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.
Sec. 35. Minnesota Statutes 1984, section 256.969,
subdivision 2, is amended to read:
Subd. 2. [RATES FOR INPATIENT HOSPITALS.] Rates paid to
inpatient hospitals shall be based on a rate per admission until
the commissioner can begin to reimburse hospitals for services
under the medical assistance and general assistance medical care
programs based upon a diagnostic classification system
appropriate to the service populations. On July 1, 1984, the
commissioner shall begin to utilize to the extent possible
existing classification systems, including medicare. The
commissioner shall may incorporate the grouping of hospitals
with similar characteristics for uniform rates upon the
development and implementation of the diagnostic classification
system. Prior to implementation of the diagnostic classification
system, the commissioner shall report the proposed grouping of
hospitals to the senate health and human services committee and
the house health and welfare committee. Medical assistance and
general assistance medical care reimbursement for treatment of
mental illness shall be reimbursed based upon diagnosis
classifications. The commissioner may selectively contract with
hospitals for services within the diagnostic classifications
relating to mental illness and chemical dependency under
competitive bidding when reasonable geographic access by
recipients can be assured. No physician shall be denied the
privilege of treating a recipient required to utilize a hospital
under contract with the commissioner, as long as the physician
meets credentialing standards of the individual hospital.
Sec. 36. Minnesota Statutes 1984, section 256.969, is
amended by adding a subdivision to read:
Subd. 2a. [AUDIT ADJUSTMENTS TO INPATIENT HOSPITAL RATES.]
Inpatient hospital rates established under subdivision 2 using
1981 historical medicare cost-report data may be adjusted based
on the findings of audits of hospital billings and patient
records performed by the commissioner that identify billings for
services that were not delivered or never ordered. The audit
findings may be based on a statistically valid sample of
billings of the hospital. After the audits are complete, the
commissioner shall adjust rates paid in subsequent years to
reflect the audit findings and recover payments in excess of the
adjusted rates or reimburse hospitals when audit findings
indicate that underpayments were made to the hospital.
Sec. 37. Minnesota Statutes 1984, 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;
(3) Hearing aids and supplies; and
(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; and
(5) wheelchair transportation services.
Sec. 38. Minnesota Statutes 1984, section 256B.062, is
amended to read:
256B.062 [CONTINUED ELIGIBILITY.]
Subdivision 1. Any family which was eligible for aid to
families with dependent children in at least three of the six
months immediately preceding the month in which the family
became ineligible for aid to families with dependent children
because of increased income from employment shall, while a
member of the family is employed, remain eligible for medical
assistance for four calendar months following the month in which
the family would otherwise be determined to be ineligible due to
the income and resources limitations of this chapter.
Subd. 2. A family whose eligibility for aid to families
with dependent children is terminated because of the loss of the
$30, or the $30 and one-third earned income disregard is
eligible for medical assistance for 12 calendar months following
the month in which the family loses medical assistance
eligibility as an aid to families with dependent children
recipient.
Sec. 39. [256B.0641] [RECOVERY OF OVERPAYMENTS.]
Subdivision 1. Notwithstanding section 256B.72 or any law
or rule to the contrary, when the commissioner or the federal
government determines that an overpayment has been made by the
state to any medical assistance vendor, the commissioner shall
recover the overpayment as follows:
(1) if the federal share of the overpayment amount is due
and owing to the federal government under federal law and
regulations, the commissioner shall recover from the medical
assistance vendor the federal share of the determined
overpayment amount paid to that provider using the schedule of
payments required by the federal government; and
(2) if the overpayment to a medical assistance vendor is
due to a retroactive adjustment made because the medical
assistance vendor's temporary payment rate was higher than the
established desk audit payment rate or because of a department
error in calculating a payment rate, the commissioner shall
recover from the medical assistance vendor the total amount of
the overpayment within 120 days after the date on which written
notice of the adjustment is sent to the medical assistance
vendor or according to a schedule of payments approved by the
commissioner.
Sec. 40. Minnesota Statutes 1984, section 256B.092,
subdivision 1, is amended to read:
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, provide ongoing case
management services at the level identified in the 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.
Sec. 41. Minnesota Statutes 1984, section 256B.092, is
amended by adding a subdivision to read:
Subd. 1a. [CASE MANAGEMENT SERVICES.] Case management
services include diagnosis, an assessment of the individual's
service needs, an individual service plan, an individual
habilitation plan, and methods for providing, evaluating and
monitoring the services identified in the plan.
Sec. 42. Minnesota Statutes 1984, section 256B.092, is
amended by adding a subdivision to read:
Subd. 1b. [INDIVIDUAL SERVICE AND HABILITATION PLANS.] The
individual service and habilitation plans must
(1) include the results of the diagnosis and assessment,
(2) identify goals and objectives for the client, and
(3) identify specific services to be provided to the client.
The individual habilitation plan shall carry out the goals
and objectives of the individual service plan.
Sec. 43. Minnesota Statutes 1984, section 256B.092,
subdivision 2, is amended to read:
Subd. 2. [MEDICAL ASSISTANCE.] To assure quality case
management to those county clients who are eligible for medical
assistance, the commissioner shall, upon request by the county
board: (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.
Sec. 44. Minnesota Statutes 1984, section 256B.092,
subdivision 7, is amended to read:
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 require the level of care provided by an intermediate
care facility. 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. For
individuals determined to have overriding health care needs, a
registered nurse must be designated as either the case manager
or the qualified mental retardation professional. The case
manager shall consult with the client's physician, other health
professionals or other persons as necessary to make this
evaluation. Other persons may be invited The case manager, with
the concurrence of the client or the client's legal
representative, may invite other persons 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.
Sec. 45. Minnesota Statutes 1984, section 256B.092,
subdivision 8, is amended to read:
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 assess 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) identify the cost implications of recommendations in
(f), above;
(h) make recommendations to a court as may be needed to
assist the court in making commitments of mentally retarded
persons; and
(h) (i) inform clients that appeal may be made to the
commissioner pursuant to section 256.045.
Sec. 46. Minnesota Statutes 1984, section 256B.19,
subdivision 1, is amended to read:
Subdivision 1. [DIVISION OF COST.] The cost of medical
assistance paid by each county of financial responsibility shall
be borne as follows: Payments shall be made by the state to the
county for that portion of medical assistance paid by the
federal government and the state on or before the 20th day of
each month for the succeeding month upon requisition from the
county showing the amount required for the succeeding month.
Ninety percent of the expense of assistance not paid by federal
funds available for that purpose shall be paid by the state and
ten percent shall be paid by the county of financial
responsibility.
For counties where health maintenance organizations are
under contract to the state to provide services to medical
assistance recipients that participate in a medicaid
demonstration project under sections 256B.69 and 256B.71, the
division of the nonfederal share of medical assistance
expenses for payments made to prepaid health plans or for
payments made to health maintenance organizations in the form of
prepaid capitation payments, this division of medical assistance
expenses shall be 95 percent by the state and five percent by
the county of financial responsibility.
State contracts with health maintenance organizations shall
assure medical assistance recipients of at least the
comprehensive health maintenance services defined in section
62D.02, subdivision 7. The contracts shall require health
maintenance organizations to provide information to the
commissioner concerning the number of people receiving services,
the number of encounters, the type of services received,
evidence of an operational quality assurance program pursuant to
section 62D.04 and information about utilization.
Persons who become eligible for medical assistance after
July 1, 1984, who are not participating in any Medicaid
demonstration project as defined under sections 256B.70 and
256B.71, and who choose at the time of application for
assistance to receive services from a health maintenance
organization, shall be guaranteed six months of coverage by a
state contracted health maintenance organization if the
recipient remains in the health maintenance organization from
the time of initial enrollment. The continued eligibility
guarantee shall not be granted when ineligibility for medical
assistance is due to death, loss of state or county residency,
failure to respond to the county's efforts to contact the
recipient, failure to locate the recipient, or when the
recipient is eligible for continued eligibility as defined in
section 256B.062 In counties where prepaid health plans are
under contract to the commissioner to provide services to
medical assistance recipients, the cost of court ordered
treatment that does not include diagnostic evaluation,
recommendation, or referral for treatment by the prepaid health
plan is the responsibility of the county of financial
responsibility.
Sec. 47. Minnesota Statutes 1984, section 256B.41, is
amended by adding a subdivision to read:
Subd. 3. [PAYMENT RATES.] Payment rates paid to any
nursing home receiving medical assistance payments must be those
rates established pursuant to this chapter and rules adopted
under it.
Sec. 48. [256B.411] [COMPLIANCE WITH STATE STATUTES.]
Subdivision 1. [FUNDING.] Subject to exceptions in section
256B.25, subdivision 3, no nursing home may receive any state or
local payment for providing care to a person eligible for
medical assistance, except under the medical assistance program.
Subd. 2. [REQUIREMENTS.] No medical assistance payments
shall be made to any nursing home unless the nursing home is
certified to participate in the medical assistance program under
title XIX of the federal Social Security Act and has in effect a
provider agreement with the commissioner meeting the
requirements of state and federal statutes and rules. No
medical assistance payments shall be made to any nursing home
unless the nursing home complies with all requirements of
Minnesota Statutes including, but not limited to, chapter 256B
and rules adopted under it that govern participation in the
program. This section applies whether the nursing home
participates fully in the medical assistance program or is
withdrawing from the medical assistance program. No future
payments may be made to any nursing home which has withdrawn or
is withdrawing from the medical assistance program except as
provided in section 50; provided, however, that payments may
also be made under a court order entered on or before June 7,
1985, unless the court order is reversed on appeal.
Sec. 49. Minnesota Statutes 1984, section 256B.421,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] For the purposes of sections
256B.41, 256B.411, 256B.421, 256B.431, 256B.47, 256B.48,
256B.50, and 256B.502, the following terms and phrases shall
have the meaning given to them.
Sec. 50. Minnesota Statutes 1984, section 256B.48, is
amended by adding a subdivision to read:
Subd. 1a. [TERMINATION.] If a nursing home terminates its
participation in the medical assistance program, whether
voluntarily or involuntarily, the commissioner may authorize the
nursing home to receive continued medical assistance
reimbursement only on a temporary basis until medical assistance
residents can be relocated to nursing homes participating in the
medical assistance program.
Sec. 51. Minnesota Statutes 1984, section 256B.48, is
amended by adding a subdivision to read:
Subd. 1b. [EXCEPTION.] Notwithstanding any agreement
between a nursing home and the department of human services or
the provisions of this section or section 256B.411, other than
subdivision 1a of this section, the commissioner may authorize
continued medical assistance payments to a nursing home which
ceased intake of medical assistance recipients prior to July 1,
1983, and which charges private paying residents rates that
exceed those permitted by subdivision 1, paragraph (a), for (i)
residents who resided in the nursing home before July 1, 1983,
or (ii) residents for whom the commissioner or any predecessors
of the commissioner granted a permanent individual waiver prior
to October 1, 1983. In the event that the state is determined
by the federal government to be no longer eligible for the
federal share of medical assistance payments made to a nursing
home under this subdivision, the commissioner may cease medical
assistance payments, under this subdivision, to that nursing
home.
Sec. 52. Minnesota Statutes 1984, section 256B.48, is
amended by adding a subdivision to read:
Subd. 6. [MEDICARE CERTIFICATION.] All nursing homes
certified as skilled nursing facilities under the medical
assistance program shall participate in medicare part A and part
B unless, after submitting an application, medicare
certification is denied by the federal health care financing
administration. Medicare review will be conducted at the time
of the annual medical assistance review. Charges for
medicare-covered services provided to residents who are
simultaneously eligible for medical assistance and medicare must
be billed to medicare part A or part B prior to billing medical
assistance. Medical assistance may be billed only for charges
not reimbursed by medicare.
Sec. 53. Minnesota Statutes 1984, section 256B.503, is
amended to read:
256B.503 [RULES.]
To implement Laws 1983, chapter 312, article 9, sections 1
to 7, the commissioner shall promulgate emergency and permanent
rules in accordance with sections 14.01 to 14.38. Rules adopted
to implement Laws 1983, chapter 312, article 9, section 5, must
(a) be in accord with the provisions of Minnesota Statutes,
chapter 256E, (b) set standards for case management which
include, encourage and enable flexible administration, (c)
require the county boards to develop individualized procedures
governing case management activities, (d) consider criteria
promulgated under section 256B.092, subdivision 3, and the
federal waiver plan, (e) identify cost implications to the state
and to county boards, and (f) require the screening teams to
make recommendations to the county case manager for development
of the individual service plan.
The commissioner shall adopt permanent rules to implement
this section by July 1, 1986. Emergency rules adopted under
this section are effective until that date.
Sec. 54. [256B.72] [RIGHT OF APPEAL.]
The commissioner shall not recover overpayments from
medical assistance vendors if an administrative appeal or
judicial action challenging the proposed recovery is pending.
Sec. 55. Minnesota Statutes 1984, section 256D.01,
subdivision 1a, is amended to read:
Subd. 1a. [STANDARDS.] A principal objective in providing
general assistance 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 of assistance determines the total amount of the
general assistance grant without separate standards for shelter,
utilities, or other needs and.
For a recipient who is a member of a one-person assistance
unit, the standard 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. The standards of assistance for recipients who are
members of an assistance unit composed of more than one person
must be equal to the aid to families with dependent children
standard of assistance for a family of similar size and
composition.
The standards shall be lowered for recipients who share a
residence with a responsible relative who also receives general
assistance or who receives AFDC person who is a responsible
relative of one or more members of the assistance unit if the
responsible relative also receives general assistance or aid to
families with dependent children. The standards must also be
lowered for recipients who share a residence with a responsible
relative if the relative is not receiving general assistance or
aid to families with dependent children because the relative has
been sanctioned or disqualified. If the responsible relative is
receiving AFDC general assistance or aid to families with
dependent children, or would be receiving them but for sanction
or disqualification, then the amount payable standard applicable
to the general assistance recipient recipient's assistance unit
must not exceed equal the amount that would be attributable to
him if he were included in the AFDC to the members of the
assistance unit if the members were included as additional
recipients in the responsible relative's general assistance or
aid to families with dependent children grant. When determining
the amount attributable to members of an assistance unit that
must receive a reduced standard, the amount attributed to adults
must be the amount attributed to another child added to the
responsible relative's assistance unit. When an assistance unit
is subject to a reduced standard, the reduced standard must not
exceed the standard that applies to an assistance unit that does
not share a residence with a responsible relative.
For recipients who are not exempt from registration with
the department of economic security pursuant to section
256D.111, subdivision 2, clauses (a), (f), (g), and (h), and,
except recipients who are eligible under section 256D.05,
subdivision 1, paragraph (a), clauses (1), (7), (8), (9), and
(14), who share a residence with a responsible relative who is
not eligible for receiving general assistance or aid to families
with dependent children but who receives other income, the
standards shall be lowered, subject to these limitations:
(a) The general assistance grant to the one-person
assistance unit shall be in an amount such that total household
income is equal to the AFDC aid to families with dependent
children standard for a household of like size and composition,
except that the grant shall not exceed that paid to a general
assistance recipient living independently.
(b) Benefits received by a responsible relative under the
supplemental security income program, the social security
retirement program if the relative was receiving benefits under
the social security disability program at the time he or she
became eligible for the social security retirement program or if
the relative is a person described in section 256D.05,
subdivision 1, paragraph (a), clauses (1), (7), or (9), the
social security disability program, a workers' compensation
program, the Minnesota supplemental aid program, or on the basis
of the relative's disability, must not be included in the
household income calculation.
Sec. 56. Minnesota Statutes 1984, section 256D.01,
subdivision 1b, is amended to read:
Subd. 1b. [RULES.] The commissioner shall may adopt
emergency rules and shall adopt permanent rules to set standards
of assistance and methods of calculating payment to conform with
subdivision 1a. The minimum standards of assistance shall
authorize the payment of rates negotiated by local agencies for
recipients living in a room and board arrangement. Except for
payments made to a secure crisis shelter under section 256D.05,
subdivision 3, monthly general assistance payments for rates
negotiated by a local agency on behalf of recipients living in a
room and board, boarding care, supervised living, or adult
foster care arrangement must not exceed the limits established
under the Minnesota supplemental aid program. In order to
maximize the use of federal funds, the commissioner shall 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 use of the emergency
program under aid to families with dependent children as the
primary financial resource when available. The commissioner
shall provide by rule for 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. 57. Minnesota Statutes 1984, section 256D.03,
subdivision 4, is amended to read:
Subd. 4. [GENERAL ASSISTANCE MEDICAL CARE; SERVICES.] (a)
Reimbursement under the general assistance medical care program
shall be limited to the following categories of service:
inpatient hospital care, outpatient hospital care, services
provided by medicare certified rehabilitation agencies,
prescription drugs, equipment necessary to administer insulin
and diagnostic supplies and equipment for diabetics to monitor
blood sugar level, eyeglasses and eye examinations provided by a
physician or optometrist, hearing aids, prosthetic devices,
laboratory and x-ray services, physician's services, medical
transportation, chiropractic services as covered under the
medical assistance program, podiatric services, 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) In order to contain costs, the county board shall, with
the approval of the commissioner of human services, shall select
vendors of medical care who can provide the most economical care
consistent with high medical standards and may shall where
possible contract with organizations on a prepaid capitation
basis to provide these services. The commissioner
shall encourage county boards to submit consider proposals by
counties and vendors for demonstration projects prepaid health
plans, competitive bidding programs, block grants, or other
vendor payment mechanisms designed to provide services in an
economical manner or to control utilization, with safeguards to
ensure that necessary services are provided. Before
implementing prepaid programs in counties with a county operated
or affiliated public teaching hospital or a hospital or clinic
operated by the University of Minnesota, the commissioner shall
consider the risks the prepaid program creates for the hospital
and allow the county or hospital the opportunity to participate
in the program in a manner that reflects the risk of adverse
selection and the nature of the patients served by the hospital,
provided the terms of participation in the program are
competitive with the terms of other participants considering the
nature of the population served. 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. The rates payable under this section
must be calculated according to section 256.966, subdivision 2.
(c) The commissioner of human services 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 1985, to June 30, 1984
December 31, 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 45 30 percent; payments for
all other inpatient hospital care may be reduced no more than 35
20 percent. Reductions below the payments allowable
under section 256.967 general assistance medical care for the
remaining general assistance medical care services allowable
under this subdivision may be reduced no more than 25 ten
percent.
For the period July 1, 1984 January 1, 1986 to June 30,
1985 December 31, 1986, 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 20
percent; payments for all other inpatient hospital care may be
reduced no more than 20 15 percent. Reductions below the
payments allowable under section 256.967 general assistance
medical care for the remaining general assistance medical care
services allowable under this subdivision may be reduced no more
than ten five percent.
For the period January 1, 1987 to June 30, 1987, 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 15 percent; payments for all other
inpatient hospital care may be reduced no more than ten
percent. Reductions below the payments allowable under medical
assistance for the remaining general assistance medical care
services allowable under this subdivision may be reduced no more
than five percent.
There shall be no copayment required of any recipient of
benefits for any services provided under this subdivision. A
hospital receiving a reduced payment as a result of this section
may apply the unpaid balance toward satisfaction of the
hospital's bad debts.
(d) Any county may, from its own resources, provide medical
5 payments for which state payments are not made.
Sec. 58. Minnesota Statutes 1984, section 256D.03,
subdivision 6, is amended 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. In counties where prepaid health plans are
under contract to the commissioner to provide services to
general assistance medical care recipients, the cost of court
ordered treatment that does not include diagnostic evaluation,
recommendation, or referral for treatment by the prepaid health
plan is the responsibility of the county of financial
responsibility.
Sec. 59. Minnesota Statutes 1984, section 256D.05,
subdivision 1, is amended to read:
Subdivision 1. [STANDARDS ELIGIBILITY.] (a) Each person or
family whose income and resources are less than the standard of
assistance established by the commissioner shall be eligible for
and entitled to general assistance; provided that no individual
shall be eligible for general assistance if the individual is
eligible for any of the following federally aided assistance
programs: emergency assistance, aid to families with dependent
children, or any successor to the above if the person or family
is:
(1) 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;
(2) 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;
(3) 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;
(4) a person who resides in a shelter facility described in
section 256D.05, subdivision 3;
(5) 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;
(6) a person who is unable to secure suitable employment
due to inability to communicate in the English language,
provided that the person is not an illegal alien, and who, if
assigned to a language skills program by the local agency, is
participating in that program;
(7) a person not described in clause (1) or (3) 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;
(8) 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;
(9) a person who is unable to obtain or retain employment
because advanced age significantly affects his or her ability to
seek or engage in substantial work;
(10) a person completing a secondary education program;
(11) a family with one or more minor children; provided
that, if all the children are six years of age or older, all the
adult members of the family register for and cooperate in the
work readiness program under section 256D.051; and provided
further that, if one or more of the children are under the age
of six and if the family contains more than one adult member,
all the adult members except one adult member register for and
cooperate in the work readiness program under section 256D.051.
The adult members required to register for and cooperate with
the work readiness program are not eligible for financial
assistance under section 256D.051, except as provided in section
256D.051, subdivision 6, and shall be included in the general
assistance grant. If an adult member fails to cooperate with
requirements of section 256D.051, the local agency shall not
take his needs into account in making the grant determination.
The time limits of section 256D.051, subdivisions 4 and 5, do
not apply to people eligible under this clause.
(12) a person who has substantial barriers to employment,
including but not limited to factors relating to work or
training history, as determined by the local agency in
accordance with permanent or emergency rules adopted by the
commissioner after consultation with the commissioner of
economic security;
(13) a person who is certified by the commissioner of
economic security before August 1, 1985, as lacking work skills
or training or as being unable to obtain work skills or training
necessary to secure employment, as defined in a permanent or
emergency rule adopted by the commissioner of economic security
in consultation with the commissioner; or
(14) a person who is determined by the local agency, in
accordance with emergency and permanent rules adopted by the
commissioner, to be functionally illiterate or learning disabled.
(b) The following persons or families with income and
resources that are less than the standard of assistance
established by the commissioner are eligible for and entitled to
a maximum of six months of general assistance during any
consecutive 12-month period, after registering with and
completing six months in a work readiness program under section
256D.051:
(1) a person who has borderline mental retardation; and
(2) a person who exhibits perceptible symptoms of mental
illness as certified by a qualified professional but who is not
eligible for general assistance under paragraph (a), because the
mental illness interferes with the medical certification
process; provided that the person cooperates with social
services, treatment, or other plans developed by the local
agency to address the illness.
In order to retain eligibility under this paragraph, a
recipient must continue to cooperate with work and training
requirements as determined by the local agency.
Sec. 60. [256D.051] [WORK READINESS PROGRAM.]
Subdivision 1. [WORK REGISTRATION.] A person or family
whose income and resources are less than the standard of
assistance established by the commissioner, but who are not
eligible to receive general assistance under section 256D.05,
subdivision 1, are eligible for a work readiness program. Upon
registration, a registrant is eligible to receive assistance in
an amount equal to general assistance under section 256D.05,
subdivision 1, for a maximum of six months during any
consecutive 12-month period, subject to subdivisions 3, 4, and 5.
The local agency shall pay work readiness assistance in monthly
payments beginning at the time of registration.
Subd. 2. [LOCAL AGENCY DUTIES.] (a) The local agency shall
provide to registrants under subdivision 1 a work readiness
program. The work readiness program must include:
(1) an employability assessment and development plan in
which the local agency estimates the length of time it will take
the registrant to obtain employment;
(2) referral to available employment assistance programs
including the Minnesota employment and economic development
program;
(3) a job search program; and
(4) other activities designed by the local agency to
prepare the registrant for permanent employment.
In order to allow time for job search, the local agency
shall not require an individual to participate in the work
readiness program for more than 32 hours a week. The local
agency shall require an individual to spend at least eight hours
a week in job search or other work readiness program activities.
(b) The local agency may provide a work readiness program
to recipients under section 256D.05, subdivision 1, paragraph
(b).
Subd. 3. [REGISTRANT DUTIES.] In order to receive work
readiness assistance, a registrant shall cooperate with the
local agency in all aspects of the work readiness program and
shall accept any suitable employment, including employment
offered through the Job Training Partnership Act, Minnesota
employment and economic development act, and other employment
and training options. The local agency may terminate assistance
to a registrant who fails to cooperate in the work readiness
program. A registrant who is terminated for failure to
cooperate is not eligible, for a period of two months, for any
remaining or additional work readiness assistance for which the
registrant would otherwise be eligible.
Subd. 4. [TWO-MONTH ASSISTANCE.] The local agency shall
terminate a registrant after two months in the work readiness
program if the local agency determines that registrant is not
eligible for assistance under subdivision 5. During the second
month of work readiness assistance, the local agency must assess
the registrant's eligibility under subdivision 5 and inform the
registrant of the outcome of the assessment. A registrant who
is not eligible under subdivision 5 is eligible for a maximum of
two months of work readiness assistance in any consecutive
24-month period.
Subd. 5. [SIX-MONTH ASSISTANCE.] The following registrants
are eligible for work readiness assistance for a maximum of six
months in any consecutive 12-month period:
(1) a person who has borderline mental retardation;
(2) a person who exhibits perceptible symptoms of mental
illness as certified by a qualified professional but who is not
eligible for general assistance under section 256D.05,
subdivision 1 because the mental illness interferes with the
medical certification process; and
(3) a person who is certified by the commissioner of
economic security as being unable to secure suitable employment
because the person lives in a distressed county or who is unable
to secure suitable employment because the local agency has
determined that no jobs are available that a person with the
registrant's work history, skills, and ability has the physical
and mental ability to perform. For purposes of this paragraph,
a county is distressed if it has an average unemployment rate of
ten percent or more for the one-year period ending on April 30
of the year in which the designation is made. The commissioner
shall designate a contiguous portion of a county containing a
city of the first class located outside of the metropolitan area
as a distressed county if:
(a) that portion of the county has an unemployment rate of
ten percent or more for the one-year period ending on April 30
of the year in which the designation is made; and
(b) that portion of the county has a population of at least
50,000 as determined by the 1980 federal census.
Subd. 6. [LOCAL AGENCY OPTIONS.] The local agency may, at
its option, provide up to $100 per registrant for direct
expenses incurred by the registrant for transportation, clothes,
and tools necessary for employment. The local agency may
provide an additional $100 for direct expenses of registrants
remaining in the work readiness program for more than two
months. After paying direct expenses as needed by individual
registrants, the local agency may use any remaining money to
provide additional services as needed by any registrant
including education, orientation, placement, other work
experience, on-the-job training, and other appropriate
activities.
Subd. 7. [REGISTRANT STATUS.] A registrant under this
section is not an employee for the purposes of workers'
compensation, unemployment insurance compensation, retirement,
or civil service laws, and shall not perform work ordinarily
performed by a regular public employee.
Subd. 8. [INELIGIBILITY.] A person who is otherwise
eligible to receive work readiness assistance under subdivision
1 must be terminated from work readiness assistance if he or she
quits work without good cause, is fired for misconduct, or
refuses to accept an offer of suitable employment.
Subd. 9. [SUBCONTRACTORS.] A local agency may, at its
option, subcontract any or all of the duties under subdivision 2.
Subd. 10. [STATE AID.] State aid shall be paid to local
agencies according to the formula in section 256D.03,
subdivision 2, for the costs of providing assistance under this
section.
Subd. 11. [ADMINISTRATIVE COSTS.] Administrative costs
incurred under subdivision 2 must not exceed $50 per registrant.
Subd. 12. [SEPARATE APPLICATION REQUIRED.] An application
for general assistance medical care must be made independently
of an application for general assistance and intake interviews
for the programs must not be conducted concurrently. The local
agency may use information and verifications received for either
program to complete an application and determine eligibility for
the other program.
Subd. 13. [RIGHT TO NOTICE AND HEARING.] The local agency
shall provide notice and opportunity for hearings for adverse
actions under this section according to sections 256D.10 and
256D.101. A determination made under section 256D.051,
subdivision 1, that a person is not eligible for general
assistance is a denial of general assistance for purposes of
notice, appeal, and hearing requirements. The local agency must
notify the person that this determination will result in a limit
on the number of months of assistance for which the person will
be eligible.
Subd. 14. [RULEMAKING.] In consultation with local
agencies, the commissioner may adopt permanent and emergency
rules to implement this section. The rules must facilitate the
employment and training of participants.
Sec. 61. Minnesota Statutes 1984, section 256D.09,
subdivision 1, is amended to read:
Subdivision 1. [PRESUMPTIVE ELIGIBILITY; VENDOR PAYMENTS.]
Until the local agency has determined the initial eligibility of
the applicant in accordance with the provisions of section
256D.07 or section 256D.051, grants for emergency general
assistance shall and work readiness assistance must be in the
form of vouchers or vendor payments unless the local agency
determines that a cash grant will best resolve the applicant's
need for emergency assistance. Thereafter, grants of general
assistance shall must be paid in cash and shall be paid once per
month on the first day of the month, except as allowed in this
section.
Sec. 62. Minnesota Statutes 1984, section 256D.09, is
amended by adding a subdivision to read:
Subd. 4. [TEMPORARY SHELTER AND FOOD.] The local agency
may provide general assistance, emergency general assistance, or
work readiness assistance in the form of vouchers or vendor
payments to an applicant or recipient who does not have an
address at which he or she resides. The local agency may
provide separate vouchers or vendor payments for food, shelter,
and other needs and may divide the monthly assistance standard
into daily or weekly payments, whether in cash or by voucher or
vendor payment, until the applicant or recipient has secured a
permanent residence.
Sec. 63. [256D.101] [FAILURE TO COMPLY WITH WORK
REQUIREMENTS; NOTICE.]
Subdivision 1. [DISQUALIFICATION.] If the local agency
determines that a registrant has failed to comply with the
requirements of section 256D.051, the local agency shall notify
the registrant of the determination. The notification shall be
in writing; shall state the facts that support the local
agency's determination; shall specify the particular actions
that must be taken by the registrant to achieve compliance;
shall state that the recipient must take the specified actions
by a date certain, which must be at least 15 days following the
date the notification is mailed or delivered to the registrant;
shall explain the ramifications of the registrant's failure to
take the required actions by the specified date; and shall
advise the registrant that the registrant may request and have a
conference with the local agency to discuss the notification.
Subd. 2. [NOTICE OF GRANT REDUCTION, SUSPENSION, OR
TERMINATION.] No notice of grant reduction, suspension, or
termination on the ground that a registrant has failed to comply
with section 256D.051 shall be given by the local agency until
the notification required by subdivision 1 has been given, the
time for compliance stated in the notification has lapsed, and
the local agency has, subsequent to giving the notification,
assessed the registrant's eligibility for general assistance
under section 256D.05 and determined that the registrant is not
eligible under that section. The determination that the
registrant is not eligible shall be stated in the notice of
grant reduction, suspension, or termination.
Sec. 64. Minnesota Statutes 1984, section 256D.111,
subdivision 5, is amended to read:
Subd. 5. [RULEMAKING.] The commissioner shall adopt rules
and is authorized to adopt emergency rules:
(a) providing for a reasonable period of the
disqualification from the receipt of general assistance or work
readiness 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 work requirements or the requirements of subdivision
1, provided that the period of disqualification for the first
failure to comply shall not exceed one month, unless a recipient
is disqualified as unavailable for work due to full-time student
status as defined in section 256D.02, subdivision 15 the work
readiness program;
(b) providing for the use of vouchers or vendor payments
with respect to the family of a recipient described in clause
(a) or section 256D.09, subdivision 4; 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. 65. Minnesota Statutes 1984, section 256D.37,
subdivision 1, is amended to read:
Subdivision 1. (a) For all applicants for supplemental
security income who did not receive aid pursuant to any
categorical aid program referred to in section 256D.36 during
December, 1973, and who make application individuals who apply
to the appropriate local agency for supplemental aid, the local
agency shall determine whether the individual meets the
eligibility criteria prescribed in subdivision 2. For each
individual who meets the relevant eligibility criteria
prescribed in subdivision 2, the local agency shall certify to
the commissioner the amount of supplemental aid to which the
individual is entitled in accordance with all of the standards
in effect December 31, 1973, for the appropriate categorical aid
program.
(b) When a recipient is a resident of a state hospital or a
dwelling with a negotiated rate, the recipient is not eligible
for a shelter standard, a basic needs standard, or for special
needs payments. The state standard of assistance for those
recipients is the clothing and personal needs allowance for
medical assistance recipients under section 256B.35. Minnesota
supplemental aid may be paid to negotiated rate facilities at
the rates in effect on March 1, 1985, for services provided
under the supplemental aid program to residents of the facility,
up to the maximum negotiated rate specified in this section.
The rate for room and board or a licensed facility must not
exceed $800. The maximum negotiated rate does not apply to a
facility that, on August 1, 1984, was licensed by the
commissioner of health only as a boarding care home, certified
by the commissioner of health as an intermediate care facility,
and licensed by the commissioner of human services under
Minnesota Rules, parts 9520.0500 to 9520.0690. The following
facilities are exempt from the limit on negotiated rates and
must be reimbursed for documented actual costs, until June 30,
1987:
(1) a facility that only provides services to persons with
mental retardation; and
(2) a facility not certified to participate in the medical
assistance program that is licensed as a boarding care facility
as of March 1, 1985, and only provides care to persons aged 65
or older. Beginning July 1, 1987, these facilities are subject
to applicable supplemental aid limits, and mental retardation
facilities must meet all applicable licensing and reimbursement
requirements for programs for persons with mental retardation.
The negotiated rates may be paid for persons who are placed by
the local agency or who elect to reside in a room and board
facility or a licensed facility for the purpose of receiving
physical, mental health, or rehabilitative care, provided the
local agency agrees that this care is needed by the person.
When Minnesota supplemental aid is used to pay a negotiated
rate, the rate payable to the facility must not exceed the rate
paid by an individual not receiving Minnesota supplemental aid.
To receive payment for a negotiated rate, the dwelling must
comply with applicable laws and rules establishing standards
necessary for health, safety, and licensure. The negotiated
rate must be adjusted by the annual percentage change in the
urban consumer price index (CPI-U) for Minneapolis-St. Paul as
published by the Bureau of Labor Statistics between the previous
two Octobers, new series index (1967-100). In computing the
amount of supplemental aid under this section, the local agency
shall deduct from the gross amount of the individual's
determined needs all income, subject to the criteria for income
disregards in effect December 31, 1973, for the appropriate
categorical aid program, except that the earned income disregard
for disabled persons who are not residents of long term care
facilities shall be the same as the earned income disregard
available to disabled persons in the supplemental security
income program and all actual work expenses shall be deducted
when determining the amount of income for the individual. From
and after the first of the month in which an effective
application is filed, the state and the county shall share
responsibility for the payment of the supplemental aid to which
the individual is entitled under this section as provided in
section 256D.36.
Sec. 66. Minnesota Statutes 1984, section 256D.37,
subdivision 2, is amended to read:
Subd. 2. The eligibility criteria resource standards for
supplemental aid under this section shall be those in effect
December 31, 1973 for the categorical aid programs of old age
assistance, aid to the blind, and aid to the disabled, except
that in determining eligibility for disabled individuals who are
not residents of long term care facilities, all actual work
expenses shall be disregarded and the earned income disregard
shall be the same as the earned income disregard used to
determine eligibility for disabled individuals in the
supplemental security income program, and except that net equity
of $25,000 in one home used as a residence, one automobile the
market value of which does not exceed $1,650, and real estate
not used as a home which produces net income applicable to the
family's needs or which the family is making a continuing effort
to sell at a fair and reasonable price, are to be disregarded in
determining eligibility. The commissioner of human services
shall annually adjust the limitation on net equity in real
property used as a home by the same percentage as the homestead
base value index provided in section 273.122, subdivision 2.
The local agency shall apply the relevant criteria to each
application. The local agency in its discretion may permit
eligibility of an applicant having assets in excess of the
amount prescribed in this section if liquidation of the assets
would cause undue loss or hardship.
Sec. 67. Minnesota Statutes 1984, section 256E.08,
subdivision 1, is amended to read:
Subdivision 1. [RESPONSIBILITIES.] The county board of
each county shall be responsible for administration, planning
and funding of community social services. Each county board
shall singly or in combination with other county boards as
provided in section 256E.09 prepare a social services plan and
shall update the plan biennially. Upon final approval of the
plan by the county board or boards, the plan shall be submitted
to the commissioner. The county board shall distribute money
available pursuant to sections 256E.06 and 256E.07 for community
social services.
The authority and responsibilities of county boards for
social services for groups of persons identified in section
256E.03, subdivision 2, shall include contracting for or
directly providing: (1) an assessment of the needs of each
person applying for services which estimates the nature and
extent of the problem to be addressed and identifies the means
available to meet the person's needs for services; (2)
protection for safety, health or well-being by providing
services directed at the goal of attaining the highest level of
independent functioning appropriate to the individual preferably
without removing those persons from their homes; (3) a means of
facilitating access of physically handicapped or impaired
persons to services appropriate to their needs.
A county board may delegate to a county welfare board
established under 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 before the enactment of Laws 1979, chapter 324.
The county board must determine how citizens will participate in
the planning process, give final approval to the community
social services plan, and distribute community social services
money.
Sec. 68. Minnesota Statutes 1984, section 256E.12,
subdivision 3, is amended to read:
Subd. 3. The commissioner shall allocate grants under this
section to finance up to 90 percent of each county's costs for
services for chronically mentally ill persons. The commissioner
shall promulgate emergency and permanent rules to govern grant
applications, approval of applications, allocation of grants,
and maintenance of financial statements by grant recipients.
The commissioner shall require collection of data and periodic
reports as the commissioner deems necessary to demonstrate the
effectiveness of the services in helping chronically mentally
ill persons remain and function in their own communities. The
commissioner shall report to the legislature no later than
January 15, 1983 on the effectiveness of the experimental
program and his recommendations regarding making this program an
integral part of the social development programs administered by
counties. The experimental program shall expire no later than
June 30, 1983 1987.
Sec. 69. [256F.01] [PUBLIC POLICY.]
It is the policy of this state that all children,
regardless of minority racial or ethnic heritage, are entitled
to live in families that offer a safe, permanent relationship
with nurturing parents or caretakers and have the opportunity to
establish lifetime relationships. To help assure this
opportunity, public social services must be directed toward
accomplishment of the following purposes:
(1) preventing the unnecessary separation of children from
their families by identifying family problems, assisting
families in resolving their problems, and preventing breakup of
the family if the prevention of child removal is desirable and
possible;
(2) restoring to their families children who have been
removed, by continuing to provide services to the reunited child
and the families;
(3) placing children in suitable adoptive homes, in cases
where restoration to the biological family is not possible or
appropriate; and
(4) assuring adequate care of children away from their
homes, in cases where the child cannot be returned home or
cannot be placed for adoption.
Sec. 70. [256F.02] [CITATION.]
Sections 69 to 75 may be cited as the "permanency planning
grants to counties act."
Sec. 71. [256F.03] [DEFINITIONS.]
Subdivision 1. [SCOPE.] For purposes of sections 69 to 75,
the terms defined in this section have the meanings given them,
unless the context clearly indicates otherwise.
Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of human services.
Subd. 3. [COUNTY PLAN.] "County plan" means the community
social services plan required by section 256E.09.
Subd. 4. [COUNTY BOARD.] "County board" means the board of
county commissioners in each county.
Subd. 5. [FAMILY-BASED SERVICES.] "Family-based services"
means intensive family-centered services to families primarily
in their own home and for a limited time.
Subd. 6. [HUMAN SERVICES BOARD.] "Human services board"
means a board established under section 402.02, Laws 1974,
chapter 293, or Laws 1976, chapter 340.
Subd. 7. [PERMANENCY PLANNING.] "Permanency planning"
means the systematic process of carrying out, within a short
time, a set of goal-oriented activities designed to help
children live in families that offer continuity of relationships
with nurturing parents or caretakers, and the opportunity to
establish lifetime relationships.
Subd. 8. [PLACEMENT PREVENTION AND FAMILY REUNIFICATION
SERVICES.] "Placement prevention and family reunification
services" means a continuum of services designed to help
children remain with their families or to facilitate
reunification of children with their parents.
Subd. 9. [RESIDENTIAL FACILITY.] "Residential facility"
means a residential facility as defined in section 257.071,
subdivision 1.
Sec. 72. [256F.04] [DUTIES OF COMMISSIONER OF HUMAN
SERVICES.]
Subdivision 1. [GRANT PROGRAM.] The commissioner shall
establish a statewide permanency planning grant program to
assist counties in providing placement prevention and family
reunification services.
Subd. 2. [FORMS AND INSTRUCTIONS.] The commissioner shall
provide necessary forms and instructions to the counties for
their community social services plan, as required in section
256E.09, that incorporate the permanency plan format and
information necessary to apply for a permanency planning grant.
For calendar year 1986, the local social services agency shall
submit an amendment to their approved biennial community social
services plan using the forms and instructions provided by the
commissioner. Beginning January 1, 1986, the biennial community
social services plan must include the permanency plan.
Subd. 3. [MONITORING.] The commissioner shall design and
implement methods for monitoring the delivery and evaluating the
effectiveness of placement prevention and family reunification
services including family-based services within the state
according to section 256E.05, subdivision 3, paragraph (e). An
evaluation report describing program implementation, client
outcomes, cost, and the effectiveness of those services in
relation to measurable objectives and performance criteria to
keep families unified and minimize the use of out-of-home
placements for children must be prepared by the commissioner for
the period from January 1, 1986 through June 30, 1988.
Sec. 73. [256F.05] [DISTRIBUTION OF GRANTS.]
Subdivision 1. [MONEY AVAILABLE DUE TO TRANSFER; MINIMUM
FUNDING LEVEL.] A county must not receive less in state aids
under the permanency planning grant program in calendar years
1986 and 1987 than the amount of reimbursement received under
title IV-E foster care and children under state guardianship
accounts in state fiscal year 1984. Beginning calendar year
1988, the reimbursement received under title IV-E foster care
and children under state guardianship accounts must be
distributed according to the formula in subdivision 3.
Subd. 2. [ADDITIONAL MONEY.] Additional money appropriated
for family-based services, together with an amount as determined
by the commissioner of title IV-B funds distributed to Minnesota
according to the Social Security Act, United States Code, title
42, section 621, must be distributed to counties according to
the formula in subdivision 3.
Subd. 3. [FORMULA.] The amount of money distributed to
counties under subdivision 2 must be based on the following two
factors:
(1) the population of the county under age 19 years as
compared to the state as a whole as determined by the most
recent data from the state demographer's office; and
(2) the county's percentage share of the number of minority
children in substitute care as determined by the most recent
department of human services annual report on children in foster
care.
The amount of money allocated according to formula factor
(1) must not be less than 90 percent of the total distributed
under subdivision 2.
Subd. 4. [PAYMENTS.] The commissioner shall make grant
payments to each county whose biennial community social services
plan includes a permanency plan under section 53, subdivision 2.
The payment must be made in four installments per year. The
commissioner may certify the payments for the first three months
of a calendar year. Subsequent payments must be made on April
1, July 1, and October 1, of each calendar year.
Subd. 5. [INAPPROPRIATE EXPENDITURES.] Permanency planning
grant money must not be used for:
(1) child day care necessary solely because of the
employment or training to prepare for employment, of a parent or
other relative with whom the child is living;
(2) residential facility payments;
(3) adoption assistance payments;
(4) public assistance payments for aid to families with
dependent children, supplemental aid, medical assistance,
general assistance, general assistance medical care, or
community health services authorized by sections 145.911 to
145.922; or
(5) administrative costs for local social services agency
public assistance staff.
Subd. 6. [TERMINATION OF GRANT.] A grant may be reduced or
terminated by the commissioner when the county agency has failed
to comply with the terms of the grant or sections 69 to 75.
Subd. 7. [TRANSFER OF FUNDS.] Notwithstanding subdivision
1, the commissioner may transfer money from the appropriation
for permanency planning grants to counties into the subsidized
adoption account when a deficit in the subsidized adoption
program occurs. The amount of the transfer must not exceed five
percent of the appropriation for permanency planning grants to
counties.
Sec. 74. [256F.06] [DUTIES OF COUNTY BOARDS.]
Subdivision 1. [RESPONSIBILITIES.] A county board may,
alone or in combination with other county boards, apply for a
permanency planning grant as provided in section 53, subdivision
2. Upon approval of the permanency planning grant, the county
board may contract for or directly provide placement prevention
and family reunification services.
Subd. 2. [USES OF GRANTS.] The grant must be used
exclusively for placement prevention, family reunification
services and training for family-based service and permanency
planning. The grant may not be used as a match for other
federal money or to meet the requirements of section 256E.06,
subdivision 5.
Subd. 3. [DESCRIPTION OF FAMILY-BASED SERVICE.] When a
county board elects to provide family-based service as a part of
its permanency plan, its written description of family-based
service must include the number of families to be served in each
caseload, the provider of the service, the planned frequency of
contacts with the families, and the maximum length of time
family-based service will be provided to families.
Subd. 4. [FINANCIAL STATEMENT BY COUNTIES.] A county
receiving a permanency planning grant shall submit to the
commissioner an accounting of the county's expenditures of grant
money. A quarterly statement must be submitted no later than 15
days after the end of the calendar quarter and must include:
(1) a detailed statement of expenses attributable to the
grant during the preceding quarter; and
(2) a statement of the expenditure of money for placement
prevention and family reunification services by the county
during the preceding quarter, including the number of clients
served and the expenditures, by client, for each service
provided.
Sec. 75. [256F.07] [PLACEMENT PREVENTION AND FAMILY
REUNIFICATION SERVICES.]
Subdivision 1. [PREPLACEMENT REVIEW.] Each county board
shall establish a preplacement procedure to review each request
for substitute care placement and determine if appropriate
community resources have been utilized before making a
substitute care placement.
Subd. 2. [PROCEDURE FOR PLACEMENT.] When the preplacement
review has determined that a substitute care placement is
required because the child is in imminent risk of abuse or
neglect; or requires treatment of an emotional disorder,
chemical dependency, or mental retardation; the agency shall
determine the level of care most appropriate to meet the child's
needs in the least restrictive setting and in closest proximity
to the child's family; and estimate the length of time of the
placement, project a placement goal, and provide a statement of
the anticipated outcome of the placement.
Subd. 3. [TYPES OF SERVICES.] Placement prevention and
family reunification services include:
(1) family-based service;
(2) individual and family counseling;
(3) crisis intervention and crisis counseling;
(4) day care;
(5) 24-hour emergency caretaker and homemaker services;
(6) emergency shelter care up to 30 days in 12 months;
(7) access to emergency financial assistance;
(8) arrangements to provide temporary respite care to the
family for up to 72 hours consecutively or 30 days in 12 months;
and
(9) transportation services to the child and parents in
order to prevent placement or accomplish reunification of the
family.
Subd. 4. [RIGHTS OF THE CHILD AND FAMILY.] The child and
the family may refuse placement prevention and family
reunification services or appeal the denial of the services.
Sec. 76. Minnesota Statutes 1984, section 260.311,
subdivision 5, is amended to read:
Subd. 5. [REIMBURSEMENT OF COUNTIES.] In order to
reimburse the counties for the cost which they assume under Laws
1959, Chapter 698, of providing probation and parole services to
wards of the commissioner of corrections and to aid the counties
in achieving the purposes of this section, the commissioner
shall annually, from funds appropriated for that purpose, pay 50
percent of the costs of probation officers' salaries to all
counties of not more than 200,000 population. Nothing herein
shall be deemed to invalidate any payments to counties made
pursuant to this section before the effective date of Laws 1963,
Chapter 694. Salary costs include fringe benefits, but only to
the extent that fringe benefits do not exceed those provided for
state civil service employees. On or before July 1 of each even
numbered year each county or group of counties shall submit to
the commissioner of corrections an estimate of its costs under
this section. Reimbursement shall be made on the basis of the
estimate or actual expenditures incurred, whichever is less.
Salary costs shall not be reimbursed unless county probation
officers are paid salaries commensurate with the salaries paid
to comparable positions in the classified service of the state
civil service. The salary range to which each county probation
officer is assigned shall be determined by the authority having
power to appoint probation officers, and shall be based on the
officer's length of service and performance. The appointing
authority shall annually assign each county probation officer to
a position on the salary scale commensurate with the officer's
experience, tenure, and responsibilities. The judge shall file
with the county auditor an order setting each county probation
officer's salary. Time spent by a county probation officer as a
court referee shall not qualify for reimbursement. Reimbursement
shall be prorated if the appropriation is insufficient. A new
position eligible for reimbursement under this section may not
be added by a county without the written approval of the
commissioner of corrections. When a new position is approved,
the commissioner shall include the cost of the position in
calculating each county's share.
Sec. 77. Minnesota Statutes 1984, section 260.38, is
amended to read:
260.38 [COST, PAYMENT.]
In addition to the usual care and services given by public
and private agencies, the necessary cost incurred by the
commissioner of human services in providing care for such child
shall be paid by the county committing such child which, subject
to uniform regulations established by the commissioner of human
services, may receive a reimbursement not exceeding one-half of
such costs from funds made available for this purpose by the
legislature during the period beginning July 1, 1985, and ending
December 31, 1985. Beginning January 1, 1986, the necessary
cost incurred by the commissioner of human services in providing
care for the child must be paid by the county committing the
child. Where such child is eligible to receive a grant of aid
to families with dependent children or supplemental security
income for the aged, blind, and disabled, or a foster care
maintenance payment under Title IV-E of the Social Security Act,
United States Code, title 42, sections 670 to 676, his needs
shall be met through these programs.
Sec. 78. Minnesota Statutes 1984, section 268.672,
subdivision 6, is amended to read:
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.
In addition, A farmer who resides in a county qualified
under Federal Disaster Relief and or any member of a farm family
household who can demonstrate severe household financial
need may shall be considered unemployed under this subdivision.
Sec. 79. Minnesota Statutes 1984, section 268.672,
subdivision 11, is amended to read:
Subd. 11. [PROGRAM.] "Program" means the Minnesota
emergency employment and economic development program created by
sections 268.671 to 268.686 consisting of temporary work relief
projects in the government and nonprofit agencies and
new permanent job creation in the private sector.
Sec. 80. Minnesota Statutes 1984, section 268.673,
subdivision 2, is amended to read:
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 and economic
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 and aid to families with dependent
children programs and make maximum use of grant diversions from
those programs;
(f) Set policy regarding disbursement of program funds; and
(g) Perform general program marketing and monitoring
functions.
Sec. 81. Minnesota Statutes 1984, section 268.674,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] There is created a
Minnesota emergency employment and economic development task
force to advise the coordinator in the administration of
sections 268.671 to 268.686.
Sec. 82. Minnesota Statutes 1984, section 268.675, is
amended to read:
268.675 [ALLOCATION OF FUNDS AMONG SERVICE DELIVERY AREAS.]
Subdivision 1. [SERVICE DELIVERY AREA PORTION.] Eighty (a)
Seventy percent of the funds available for allocation to
employment administrators for the program must be allocated
among service delivery areas as follows: (1) 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; (2) however, 15 percent of the
amount which would be allocated under paragraph (1) to each
service delivery area in which the unemployment rate, for the
12-month period ending the most recent March 31, is less than
the statewide unemployment rate on that date shall not be
allocated according to paragraph (1). This amount shall be
pooled and distributed at the discretion of the coordinator only
to employment administrators in these service delivery areas
with lower than average unemployment rates who have demonstrated
outstanding performance from May 1, 1984, to August 1, 1984, in
placement of persons applicants whose income and resources are
less than the standard of assistance established under section
256D.05, subdivision 1, or who would otherwise be eligible to
receive general assistance aid to families with dependent
children, as shown by:
(i) the proportion of general assistance-eligible the
applicants who have been placed in permanent private sector jobs
under the program, relative to the total number of general
assistance-eligible the applicants placed under the program; or
(ii) the proportion of general assistance-eligible the
applicants placed in all jobs under the program, relative to
total job placements under the program.
(b) Ten Five 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);
(3) who have demonstrated outstanding performance in job
creation; or
(4) who have demonstrated that the unemployed persons in
the service delivery area incur unusual costs related to
employment under sections 268.671 to 268.686.
(c) Five percent of the funds available to employment
administrators under the program must be allocated for necessary
costs of relocation.
Subd. 2. [HIGH UNEMPLOYMENT REGIONS.] Ten (a) Twenty
percent of the funds available for allocation to employment
administrators under the program must be allocated by the
coordinator to employment administrators for use in regions that
have unemployment rates for the 12-month period ending the most
recent March 31 which meet or exceed 140 percent of the
statewide unemployment rate. Funds must be allocated to regions
in proportion to the number of unemployed persons within the
region distressed counties. A county is distressed if it has an
average unemployment rate of ten percent or more for the
one-year period ending on April 30 of the year in which the
designation is made.
(b) The commissioner shall designate a contiguous portion
of a county containing a city of the first class located outside
of the metropolitan area as a distressed county if:
(1) that portion of the county has an unemployment rate of
ten percent or more for the one-year period ending on April 30
of the year in which the designation is made; and
(2) that portion of the county has a population of at least
50,000 as determined by the 1980 federal census.
Sec. 83. Minnesota Statutes 1984, section 268.676,
subdivision 1, is amended to read:
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 whose income and resources are less than the
standard of assistance established under section 256D.05,
subdivision 1;
(3) applicants who are eligible to receive aid to families
with dependent children; and
(4) applicants living in farm households who can
demonstrate severe household financial need.
In service delivery areas where the unemployment rate for
the 12-month period ending the most recent March 31 is below the
statewide unemployment rate at that time, the employment
administrator shall give higher priority to only those
applicants described in clause(2) than to those described in
clause (1) clauses (1) to (4), and who otherwise satisfy the
definition of an "eligible job applicant" in section 268.672,
subdivision 6, are eligible for a job or job training program
under section 268.677.
Sec. 84. Minnesota Statutes 1984, section 268.676,
subdivision 2, is amended to read:
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 268.68 and 268.681. The
employment administrator shall give priority to
funding permanent private sector jobs to the extent that
eligible businesses apply for funds. If possible, no more
than 40 25 percent of the funds may be allocated for temporary
nonprofit jobs with eligible government and nonprofit agencies
during the biennium.
Sec. 85. Minnesota Statutes 1984, section 268.677, is
amended to read:
268.677 [USE OF FUNDS.]
Funds appropriated for the purposes of sections 268.671 to
268.686 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) Notwithstanding the limitations of paragraph (a), funds
may be used to provide a state contribution for wages and fringe
benefits in permanent private sector jobs for eligible job
applicants who had previously held temporary nonprofit jobs with
eligible government and nonprofit agencies for which a state
contribution had been made, and who:
(1) are priority job applicants provided by section
268.676, subdivision 1; and
(2) have been unemployed for a period of one year.
The use of funds under this paragraph shall be for a maximum of
1,040 hours over a maximum period of 26 weeks per job applicant.
(b) (c) 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 268.671 to
268.686, and to reimburse the employment administrators in an
amount not to exceed 4-1/2 five percent of the funds
appropriated for their actual cost of administering sections
268.671 to 268.686. 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) (d) To provide child care services or subsidies to
applicants employed under sections 268.671 to 268.686;
(d) (e) To provide workers' compensation coverage to
applicants employed in temporary nonprofit jobs by government or
nonprofit agencies under sections 268.671 to 268.686;
(e) (f) To provide job search assistance, labor market
orientation, job seeking skills, and referral for other services;
(f) (g) 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
in the manner required by sections 268.671 to 268.686. 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 and economic development
account and may be reallocated by the coordinator to other
employment administrators.
Sec. 86. Minnesota Statutes 1984, section 268.678,
subdivision 2, is amended to read:
Subd. 2. [EMPLOYMENT AND ECONOMIC DEVELOPMENT PLAN.] Each
employment administrator shall develop an emergency employment
and economic 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.
Sec. 87. Minnesota Statutes 1984, section 268.679,
subdivision 1, is amended to read:
Subdivision 1. [ENERGY AND ECONOMIC DEVELOPMENT
AUTHORITY.] The energy and economic development authority shall
publicize the Minnesota emergency employment and economic
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.
Sec. 88. Minnesota Statutes 1984, section 268.68, is
amended to read:
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. Employment
administrators to the greatest extent practicable shall place
only those applicants deemed hard to employ by the administrator
in temporary nonprofit jobs.
Sec. 89. Minnesota Statutes 1984, section 268.685, is
amended to read:
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 Laws 1983,
chapter 312, article 1, section 3 or under this act for the
program remains. The commissioner of economic security shall
immediately notify the commissioner of human services of the
program's termination. The commissioner of human services shall
immediately notify each local agency referring recipients under
section 256D.112 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 268.681, subdivision 4 shall cancel, cancels to the
general fund. Any Payments received under section 268.681,
subdivisions 3 and 4, on or after that date shall must be
deposited in the general fund.
Sec. 90. Minnesota Statutes 1984, section 390.11, is
amended by adding a subdivision to read:
Subd. 11. [AUTOPSY FEES.] The coroner may charge a
reasonable fee to a person requesting an autopsy if the autopsy
would not otherwise be conducted under subdivisions 1, 2, or 3.
Sec. 91. Minnesota Statutes 1984, section 390.11, is
amended by adding a subdivision to read:
Subd. 12. [AUTHORIZED REMOVAL OF THE BRAIN.] If the
coroner is informed by a physician or pathologist that a dead
person is suspected of having had Alzheimer's disease, the
coroner shall authorize the removal of the brain of the dead
person for the purposes of sections 14 and 15.
Sec. 92. Minnesota Statutes 1984, section 393.07,
subdivision 2, is amended to read:
Subd. 2. [ADMINISTRATION OF PUBLIC WELFARE.] The county
welfare board, subject to the supervision of the commissioner of
human services, shall administer all forms of public welfare,
both for children and adults, responsibility for which now or
hereafter may be imposed on the commissioner of human services
by law, including general assistance, aid to dependent children,
county supplementation, if any, or state aid to recipients of
supplemental security income for aged, blind and disabled, child
welfare services, mental health services, and other public
assistance or public welfare services, provided that the county
welfare board shall not employ public health nursing or home
health service personnel other than homemaker-home help aides,
but shall contract for or purchase the necessary services from
existing community agencies. The duties of the county welfare
board shall be performed in accordance with the standards, rules
and regulations which may be promulgated by the commissioner of
human services to achieve the purposes intended by law and in
order to comply with the requirements of the federal social
security act in respect to public assistance and child welfare
services, so that the state may qualify for grants-in-aid
available under that act. The county welfare board shall
supervise wards of the commissioner and, when so designated, act
as agent of the commissioner of human services in the placement
of his wards in adoptive homes or in other foster care
facilities. The county welfare board may contract with a bank
or other financial institution to provide services associated
with the processing of public assistance checks and pay a
service fee for these services, provided the fee charged does
not exceed the fee charged to other customers of the institution
for similar services.
Sec. 93. Minnesota Statutes 1984, section 401.01,
subdivision 1, is amended to read:
Subdivision 1. For the purpose of more effectively
protecting society and to promote efficiency and economy in the
delivery of correctional services, the commissioner is hereby
authorized to make grants to assist counties in the development,
implementation, and operation of community based corrections
programs including, but not limited to preventive or
diversionary correctional programs, probation, parole, community
corrections centers, and facilities for the detention or
confinement, care and treatment of persons convicted of crime or
adjudicated delinquent. The commissioner 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 a
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.
Sec. 94. Minnesota Statutes 1984, section 401.13, is
amended to read:
401.13 [CHARGES MADE TO COUNTIES.]
Each participating county will be charged a sum equal to
the per diem cost of confinement of those juveniles committed to
the commissioner after August 1, 1973, and confined in a state
correctional facility. Provided, however, that the amount
charged a participating county for the costs of confinement
shall not exceed the amount of subsidy to which the county is
eligible, and provided further that the counties of commitment
shall also pay the per diem herein provided for all persons
convicted of a felony for which the penalty provided by law does
not exceed five years and confined in a state correctional
facility prior to January 1, 1981. A county or group of
counties participating in the community corrections act may not
be charged for 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 shall
annually determine costs and deduct them from the subsidy due
and payable to the respective participating counties, making
necessary adjustments to reflect the actual costs of
confinement. However, in no case shall the percentage increase
in the amount charged to the counties exceed the percentage by
which the appropriation for the purposes of sections 401.01 to
401.16 was increased over the preceding biennium. All charges
shall be a charge upon the county of commitment.
Sec. 95. Minnesota Statutes 1984, 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 $40 $45 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. 96. Minnesota Statutes 1984, 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 $25 $30 to the state treasurer to be deposited in the
special revenue fund to be used as follows: $15 $6.75 is
appropriated to the commissioner of corrections for the purposes
of funding grant programs for emergency shelter services and
support services to battered women under sections 611A.31 to
611A.36, and $23.25 is appropriated to the commissioner of
economic security 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 611A.31 to 611A.36 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 commissioner of economic security may transfer
money to and from the appropriation designated in this
subdivision for the administration of displaced homemaker
programs established by July 1, 1983, and the appropriation
designated for programs established after July 1, 1983, if
necessary to continue the administration of programs established
by July 1, 1983, while developing and administering programs
established after that date as required in this
subdivision. The commissioner of economic security may use
money appropriated in this subdivision for the administration of
a displaced homemaker program regardless of the date on which
the program was established.
Sec. 97. Minnesota Statutes 1984, section 611A.34,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] Within 60 days after the
effective date of sections 611A.31 to 611A.36, the commissioner
shall appoint a nine member advisory council to advise him on
the implementation of sections 611A.31 to 611A.36. The
provisions of section 15.059 shall govern the terms, and removal
of members, and expiration of the advisory council.
Notwithstanding section 15.059, the council shall not expire.
Council members shall not receive per diem, but shall receive
expenses in the same manner and amount as state employees.
Sec. 98. Minnesota Statutes 1984, section 624.713,
subdivision 1, is amended to read:
Subdivision 1. [INELIGIBLE PERSONS.] The following persons
shall not be entitled to possess a pistol:
(a) A person under the age of 18 years except that a person
under 18 may carry or possess a pistol (i) in the actual
presence or under the direct supervision of his parent or
guardian, (ii) for the purpose of military drill under the
auspices of a legally recognized military organization and under
competent supervision, (iii) for the purpose of instruction,
competition, or target practice on a firing range approved by
the chief of police or county sheriff in whose jurisdiction the
range is located and under direct supervision; or (iv) if the
person has successfully completed a course designed to teach
marksmanship and safety with a pistol and approved by the
commissioner of natural resources;
(b) A person who has been convicted in this state or
elsewhere of a crime of violence unless ten years have elapsed
since the person has been restored his civil rights or the
sentence has expired, whichever occurs first, and during that
time he has not been convicted of any other crime of violence.
For purposes of this section, crime of violence includes crimes
in other states or jurisdictions which would have been crimes of
violence as herein defined if they had been committed in this
state;
(c) A person who is or has ever been confined or committed
in Minnesota or elsewhere as a "mentally ill," "mentally
retarded," or "mentally ill and dangerous to the public" person
as defined in section 253B.02, to a treatment facility, unless
he possesses a certificate of a medical doctor or psychiatrist
licensed in Minnesota, or other satisfactory proof that he is no
longer suffering from this disability;
(d) A person who has been convicted in Minnesota or
elsewhere for the unlawful use, possession, or sale of a
controlled substance other than conviction for possession of a
small amount of marijuana, as defined in section 152.01,
subdivision 16, or a person who is or has ever been hospitalized
or committed for treatment for the habitual use of a controlled
substance or marijuana, as defined in sections 152.01 and
152.02, unless he possesses a certificate of a medical doctor or
psychiatrist licensed in Minnesota, or other satisfactory proof,
that he has not abused a controlled substance or marijuana
during the previous two years;
(e) A person who has been confined or committed to a
treatment facility in Minnesota or elsewhere as "chemically
dependent" as defined in section 253B.02, or for alcoholic
problems, unless he possesses a certificate of a medical doctor
or psychiatrist licensed in Minnesota, or other satisfactory
proof, that he has not abused alcohol during the previous two
years or she has completed treatment. Property rights may not
be abated but access may be restricted by the courts; or
(f) A peace officer who is informally admitted to a
treatment facility pursuant to section 253B.04 for chemical
dependency, unless he possesses a certificate from the head of
the treatment facility that he has been discharged or
provisionally discharged from the treatment facility. Property
rights may not be abated but access may be restricted by the
courts.
A person who issues a certificate pursuant to this
subdivision in good faith shall is not be liable for damages in
an action arising out of the issuance resulting or arising from
the actions or misconduct with a firearm committed by the
individual who is the subject of the certificate.
Sec. 99. Laws 1984, chapter 616, section 1, is amended to
read:
Section 1. [DEMONSTRATION PROJECT FOR TREATMENT OF
COMPULSIVE GAMBLERS.]
Subdivision 1. [AUTHORIZATION.] The commissioner of public
welfare human services is authorized to establish a pilot
demonstration project to be completed no later than June
30, 1985 1987, for the treatment of compulsive gamblers. For
purposes of this act, a "compulsive gambler" means a person who
is chronically and progressively preoccupied with gambling and
the urge to gamble, and with gambling behavior that compromises,
disrupts, or damages personal, family, or vocational pursuits.
Subd. 2. [SERVICES.] The services provided shall may
include outpatient services, consultation and educational
services, and other forms of preventive treatment, or
rehabilitation services for compulsive gamblers. The
commissioner may enter into agreements with county agencies or
other organizations and may employ consultants as necessary to
assist in providing these services or in training individuals to
qualify them to provide these services.
Subd. 3. [REPORT.] The commissioner shall report to the
legislature during the 1985 1986 session on the progress of the
demonstration project. The commissioner shall deliver a final
report to the legislature by January 15, 1986 1987. The report
shall consider, among other things, the following issues:
(1) the nature of compulsive gambling and current practices
in diagnosing and treating it;
(2) the extent of compulsive gambling in this state and the
effect of current and proposed forms of legalized gambling on
the incidence of compulsive gambling;
(3) existing programs in this state to deal with compulsive
gambling;
(4) proposals for additional efforts to deal with
compulsive gambling by both public and private agencies;
(5) coverage of compulsive gambling under existing health
insurance policies and proposals to change that coverage;
(6) recommendations for a coordinated program of public and
private action to deal with compulsive gambling by means of both
treatment and public information, with recommended funding
levels and implementation strategy; and
(7) the estimated annual cost of establishing compulsive
gambling treatment programs.
Sec. 100. [REIMBURSEMENT STUDY; REPORTS.]
Subdivision 1. The commissioner of human services shall
study mechanisms for reimbursement of providers of services for
mentally retarded people in intermediate care facilities,
developmental achievement centers and waivered services under
section 256B.501. The mechanisms studied must base
reimbursement on the developmental progress of people receiving
those services and the individual needs and resource use of the
people served by the provider, with incentives designed to
encourage quality care. The commissioner shall report to the
legislative long-term care commission no later than July 1,
1986, with recommendations on the implementation of a new
reimbursement system.
Subd. 2. The commissioner of economic security shall
report to the commission no later than March 1, 1986, on the
proposed rules to evaluate sheltered workshops.
Sec. 101. [FEASIBILITY STUDY OF HOME EQUITY CONVERSION FOR
LONG-TERM HEALTH CARE.]
Subdivision 1. [FEASIBILITY STUDY.] The commissioner of
human services, with the assistance of the commissioner of
commerce, shall contract with the director of the housing
finance agency to study and report to the legislature concerning
the feasibility of a home equity conversion program to finance
long-term health care insurance. The study must examine and
provide recommendations concerning:
(1) methods of encouraging participation, including public
subsidy mechanisms;
(2) the characteristics of target populations;
(3) federal and state legislative and regulatory barriers;
(4) the role of the medical assistance program, insurance
carriers and other forms of health care coverage, lending
institutions, employers, investors, consumer organizations, and
other programs and interests;
(5) estimates of demand and participation;
(6) estimates of cost;
(7) methods of addressing adverse selection; and
(8) other considerations affecting the desirability and
feasibility of home equity conversion to finance long-term
health care and long-term health care insurance.
Subd. 2. [REPORT.] By February 15, 1986, the director of
the housing finance agency shall report to the legislature on
the study required under subdivision 1. In addition to the
information required under subdivision 1, the report must
include recommendations concerning the value of a project to
demonstrate the use of home equity conversion to finance
long-term health care and long-term health care insurance. If
the report recommends establishing a demonstration project, the
report must include recommendations for designing, implementing,
and funding the project.
Sec. 102. [PUBLIC GUARDIANSHIP STUDY.]
Subdivision 1. [TASK FORCE.] The commissioner of human
services shall establish a task force to study public
guardianship under Minnesota Statutes, chapter 252A. The task
force shall consist of representatives from counties, the
legislature, state agencies and councils, attorneys, and other
groups that act as advocates for mentally retarded, chemically
dependent, mentally ill, and elderly persons.
Subd. 2. [FOCUS OF STUDY.] The task force shall collect
information on at least the following items:
(1) the number of people under public guardianship and
their place of residence;
(2) the amount of staff resources available to perform the
role of state guardian;
(3) the duties of the county case manager as the
commissioner's designee; and
(4) the types of disabilities of people who are under
public guardianship.
The task force shall make recommendations for changes in
the public guardianship system. In developing the
recommendations, the task force shall consider at least the
following factors:
(1) the extent that persons who are in need of some form of
guardianship are not receiving protective services;
(2) the feasibility and economic impact of extending public
guardianship to persons with other disabilities;
(3) the success of models used in other states to provide
protective services;
(4) methods to improve the accountability for and increase
visits to persons under public guardianship;
(5) differences between public and private guardianship
systems; and
(6) the feasibility of alternatives to the present public
guardianship system.
Subd. 3. [REPORT.] The commissioner shall submit a report
to the appropriate standing committees of the legislature by
January 1, 1986, containing the findings and recommendations of
the task force and proposals for legislative action.
Sec. 103. [INSTRUCTION TO REVISOR.]
The revisor of statutes is directed to change the
references to "Minnesota emergency employment development (MEED)"
wherever they appear in Minnesota Statutes to "Minnesota
employment and economic development (MEED)" in Minnesota
Statutes 1985 Supplement and subsequent editions of the statutes.
Sec. 104. [REPEALER.]
Minnesota Statutes 1984, sections 62D.25; 62D.26; 62D.28;
62D.29; 62E.17; 145.912, subdivisions 16, 17, and 18; and
268.686, are repealed.
Minnesota Statutes 1984, section 256D.111, subdivisions 1,
2, 3, and 4, are repealed effective August 1, 1985.
Minnesota Statutes 1984, section 256.967, is repealed
effective November 1, 1985.
Minnesota Statutes 1984, section 259.405, is repealed
effective December 31, 1985.
Section 22 is repealed effective January 2, 1986.
Sec. 105. [EFFECTIVE DATE.]
Sections 5, 9, and 10 are effective August 1, 1985.
Section 6 is effective retroactively to October 1, 1984.
Section 22 is effective without local approval the day following
final enactment. Sections 39, 47 to 51, and 54 are effective
the day following final enactment. Section 55 is effective July
1, 1986, except that paragraph (b) is effective July 1, 1985.
Sections 59, 60, 61, 62, 63, and 64, are effective August 1,
1985. Sections 65 and 66 are effective January 1, 1986.
Sections 78 to 88 are effective if no other law is enacted
during the 1985 special session that amends these sections.
Approved June 27, 1985
Official Publication of the State of Minnesota
Revisor of Statutes