Office of the Revisor of Statutes
Minnesota Session Laws - 1987, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1987
CHAPTER 403-H.F.No. 243
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 1986, sections 15A.081, subdivision
1; 86.33, subdivisions 2 and 3; 136C.06; 144.122;
144.123, subdivision 2; 144.219; 144.55, subdivision
6; 144.68; 144.69; 144A.05; 144A.071, subdivision 3;
144A.27; 144A.33, subdivisions 3 and 4; 171.29,
subdivision 2; 245.713, subdivision 2; 245.782,
subdivision 5; 246.18, subdivision 1, and by adding a
subdivision; 246.50, subdivisions 3, 4a, 5, 7, and by
adding a subdivision; 246.51; 246.511; 246.57, by
adding a subdivision; 251.011, subdivision 6; 252.21;
252.22; 252.23; 252.24, subdivisions 1 and 4; 252.25;
252.275, subdivisions 1, 2, 4, and 7; 256.01,
subdivisions 2 and 4; 256.045, subdivision 3; 256.73,
by adding a subdivision; 256.736, subdivisions 3, 4,
6, 7, 8, and by adding subdivisions; 256.737,
subdivision 1; 256.74, subdivision 1; 256.969,
subdivisions 2 and 3; 256.98; 256B.02, subdivision 8,
and by adding a subdivision; 256B.03, subdivision 1;
256B.04, subdivisions 14 and 15; 256B.06, subdivision
1, and by adding a subdivision; 256B.064, subdivision
1a; 256B.15; 256B.17, subdivisions 4 and 5; 256B.19,
subdivision 1; 256B.35, subdivisions 1 and 2; 256B.37,
by adding a subdivision; 256B.421, subdivision 1;
256B.431, subdivisions 2b, 2e, 3a, 4, and by adding
subdivisions; 256B.433; 256B.47, subdivision 1, and by
adding subdivisions; 256B.48, subdivision 1; 256B.50,
subdivision 2; 256B.501, subdivisions 1, 2, and 8;
256B.69, subdivisions 6, 11, and by adding
subdivisions; 256C.26; 256D.01, subdivision 1a;
256D.02, subdivisions 5 and 8; 256D.03, subdivisions
2, 3, 4, and by adding a subdivision; 256D.05,
subdivision 1, and by adding a subdivision; 256D.051
subdivisions 1, 2, 6, 8, and by adding a subdivision;
256D.06, subdivisions 1, 1b, and 2; 256D.08,
subdivision 1; 256D.101; 256D.15; 256D.22; 256D.37,
subdivision 1; 256E.09, subdivision 3; 256E.12,
subdivision 3; 257.33; 257.34, subdivision 1; 257.35;
257.351, subdivision 15, and by adding subdivisions;
257.354, subdivision 4, and by adding a subdivision;
257.57, subdivision 2; 257.60; 257.62, by adding a
subdivision; 257.63, subdivision 2; 268.0111,
subdivision 8; 268.0122, subdivisions 2 and 3; 268.36;
268.37, subdivision 3; 268.53, subdivision 1; 268.673,
subdivision 5, and by adding a subdivision; 268.6751;
268.676; 268.677, subdivision 1; 268.678, subdivisions
1 and 4; 268.681, subdivisions 2 and 3; 268.85,
subdivision 2; 268.86, subdivisions 1, 2, and 4;
268.871, subdivisions 1, 2, and by adding a
subdivision; 268.88; 268.89, subdivision 2; 268.91,
subdivisions 1, 2, 3, 4, 5, 6, 11, and by adding
subdivisions; 268.911, subdivision 1; 287.05,
subdivision 1; 287.12; 287.21, subdivision 1; 393.07,
subdivision 10; 510.07; 518.131, subdivision 7;
518.171, subdivision 1; 518.24; 518.551, subdivision
1, and by adding a subdivision; 518.57, subdivision 1;
518.611, subdivisions 1, 2, 3, 4, 6, 8, and by adding
a subdivision; 518.64, subdivision 2; 524.3-1201;
525.56, subdivision 3; and Laws 1986, chapter 394,
section 24; proposing coding for new law in Minnesota
Statutes, chapters 62D; 144; 144A; 245; 246; 252; 256;
256B; 256D; 257; and 518; repealing Minnesota Statutes
1986, sections 116J.035, subdivision 3; 116L.04,
subdivision 3; 136.63, subdivision 1b; 144.66; 144.67;
178.03, subdivision 5; 245.69, subdivision 1a;
245.713, subdivisions 1 and 3; 245.74; 245.76;
256.966, subdivision 2; 256B.05, subdivision 4;
256B.07; 256B.501, subdivisions 5, 6, 7, and 9;
256D.051, subdivisions 4, 5, 11, and 12; 256E.06,
subdivision 2a; 257.34, subdivision 2; 267.01; 267.02;
267.03; 267.04; 267.05; 267.06; 268.0111, subdivision
3; and 268.86, subdivisions 1, 3, 4, and 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATIONS
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 "1987," "1988," and
"1989," where used in this act, mean that the appropriation or
appropriations listed under them are available for the year
ending June 30, 1987, June 30, 1988, or June 30, 1989,
respectively.
SUMMARY BY FUND
1987 1988 1989 TOTAL
General
$1,919,400 $1,083,715,000 $1,132,831,800 $2,218,466,200
Special Revenue
$ 3,642,100 $ 3,661,100 $ 7,303,200
Public Health Fund
$ 7,403,000 $ 7,344,200 $ 14,747,200
Metropolitan
Landfill
$ 140,100 $ 140,100 $ 280,200
Trunk Highway
$ 536,000 $ 535,400 $ 1,071,400
Total
$1,919,400 $1,095,436,200 $1,144,512,600 $2,241,868,200
APPROPRIATIONS
Available for the Year
Ending June 30,
1988 1989
Sec. 2. COMMISSIONER OF HUMAN
SERVICES
Subdivision 1. Appropriation by Fund
General Fund 918,949,700 969,235,400
Public Health Fund 3,982,600 3,924,900
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 1987 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 76th
legislature in addition to an estimate
of similar federal money anticipated
for the 1989-1991 biennium.
The commissioner may use up to $180,000
from the account authorized by
Minnesota Statutes, section 256.01,
subdivision 2, clause (15), to maximize
collections of federal Title IV-E money
through automation of the
administrative functions associated
with the licensing of foster care and
family day care homes.
The information system project
appropriations must be deposited in the
special systems account according to
Minnesota Statutes, section 256.014,
and, except for development costs under
the child support enforcement project,
are not available until September 1,
1987. Money appropriated for computer
projects may be transferred from one
project to another as the commissioner
considers necessary. The commissioner
shall report quarterly to the chair of
the senate finance committee and the
chair of the house of representatives
appropriations committee detailing the
progress made, the nature and amount of
expenditures made, and future
development plans. On January 1 of
each year the commissioner must also
report to the legislature under
Minnesota Statutes, section 256.014,
subdivision 3, on the steps taken to
integrate these projects with the
information systems architecture of the
state. Any unexpended balance in the
appropriation for these projects
remaining in the first year does not
cancel but is available in the second
year.
Subd. 2. Human Services
Management 7,594,300 7,604,400
The first year appropriation for
equalization aid must be allocated to
the same counties and in the same
proportion as the distribution of
equalization aid for fiscal year 1986.
Subd. 3. Policy and Program
Support Services 4,113,000 4,263,000
Subd. 4. Community Social
Services 77,563,600 79,906,100
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.
Of this appropriation, $48,799,000 the
first year and $50,599,000 the second
year are for community social services
subsidies.
For purposes of the 1989-1991 biennial
budget, the base level for community
social services is $49,699,000.
$447,400 each year of the county
allocation for Title XX community
social services is for migrant day care.
$82,637 of the second year
appropriation in Laws 1985, chapter 9,
article 1, section 2, subdivision 4,
for Title XX community social services
is transferred from the county
allocation to the migrant day care
allocation.
Of the amount appropriated to the day
care sliding fee program, $121,700 is
allocated each year of the biennium to
the migrant day care program.
$125,000 each year of the appropriation
for child care must be used for grants
for new or expanding child care
resource and referral programs under
Minnesota Statutes, section 268.911,
subdivision 3. No more than 20 percent
of the money may be expended for
programs in the seven-county
metropolitan area.
$125,000 each year of the appropriation
for child care must be used for grants
for the development of child care
services under Minnesota Statutes,
section 245.84, subdivision 1.
Any unexpended balance remaining in the
first year appropriation for the
subsidized adoption program does not
cancel but is available for the second
year.
By January 15, 1988, the commissioner
of human services shall report to the
chairs of the health and human services
committee in the senate and the house
of representatives on information
systems needed to support improved
accountability from the general fund
and monitoring for county social
service expenditures. The report must
include at least the following: the
identification of minimum data elements
required for federal compliance
purposes; an inventory and description
of current social services data
collection activities; an assessment of
specific data elements needed to
monitor major state social services
policy goals; an analysis of any
difficulties imposed by data collection
by target population; and opportunities
for improving the reliability and
accuracy of data submitted by
counties. The commissioner shall also
recommend future technical improvements
and identify any needed strategies for
transition from current reporting
mechanisms to systems with better
reliability, timeliness, and county
participation.
Notwithstanding the criteria in
Minnesota Rules, part 9525.0960,
subpart 3, for the biennium ending June
30, 1989, the commissioner shall use
semi-independent living services
funding for new persons first to reduce
the number of inappropriate nursing
home placements and then to provide
alternative community services to those
recipients in intermediate care
facilities for the mentally retarded or
waivered services who are no longer
eligible for those services. This
provision supersedes any inconsistent
provision of Minnesota Statutes,
section 252.275, or any other law.
The commissioner shall review social
services programs offered and proposed
to be offered to senior citizens
including but not limited to the foster
grandparent, retired senior volunteer,
and senior companion programs. The
commissioner shall prepare a report as
follows: (1) outlining the purposes,
funding, target populations, and
counties served by each program; (2)
identifying areas of overlap among the
programs; and (3) examining
alternatives that would allow
flexibility in design and delivery of
programs for senior citizens. The
commissioner shall present the report
to the legislature by January 1, 1988.
Subd. 5. Mental Health 17,892,500 17,783,500
The $50,000 appropriated for the study
of Alzheimer's disease in Laws 1985,
First Special Session chapter 9,
article 1, section 2, subdivision 6c is
available until expended. St. Paul
Ramsey Medical Center is responsible
for reimbursing Minnesota physicians
and pathologists for their services and
other expenses related to the removal,
transportation, and storage of
decedents' brains.
$25,000 of the appropriation for mental
health program administration must be
used to fund the study and report to
the legislature on issues related to
involuntary outpatient commitment.
Subd. 6. Income Maintenance
General Fund 596,364,300 652,852,700
Public Health Fund 3,982,600 3,924,900
Money appropriated for income
maintenance programs must not be
transferred for other purposes except
as allowed in this subdivision,
subdivision 1, section 14, or as
otherwise authorized by law.
$2,500,000 is available for each year
of the biennium for case management
services to caretakers in priority
groups receiving aid to families with
dependent children. The unencumbered
balance remaining at the end of the
first year does not cancel but is
available for the second year of the
biennium.
The public health fund appropriation is
for the Children's Health Plan and is
available until expended. The staff
complement of the department of human
services reflects an increase of 7
positions to administer the program.
Of this amount, $25,000 is for training
welfare fraud prosecutors, $25,000 is
for training welfare fraud
investigators, and $80,000 is for staff
and equipment for the fraud training
and control function.
The staff complement of the department
of human services reflects an increase
of one position to carry out duties
formerly assigned to the coordinator of
full productivity and opportunity.
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Aid to Families with Dependent
Children, General Assistance, Work
Readiness, Minnesota Supplemental
Aid
$135,268,400 $142,897,400
$1,900,000 is appropriated for fiscal
year 1987 to fund the deficiency in the
work readiness account.
Money appropriated in the first year
for employment and training services
for AFDC recipients does not cancel but
is available for the second year of the
biennium.
If the appropriation for AFDC, general
assistance, work readiness, and
Minnesota supplemental aid 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,
1989, 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 transportation and
educational expenses. Of this amount,
$616,800 is for employment-related
transportation and educational expenses.
When federal money is available to
match state money, any part of the
appropriation for day care sliding fee
services provided to persons or
families who are receiving AFDC may be
transferred to the special needs
account of the AFDC program. 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, except as provided in
Minnesota Statutes, section 268.91,
subdivision 2.
If a county's mortgage and deed tax
receipts under Minnesota Statutes 1986,
section 287.12, exceed the state share
of AFDC grants for the county, the
excess amount must be offset against
state payments to the county for the
state share of the income maintenance
programs. Any excess remaining after
offsetting all state payments for
income maintenance programs must be
paid to the commissioner of human
services and credited to the AFDC
account.
The commissioner of human services
shall set the standard of assistance
for general assistance and work
readiness assistance units consisting
of an adult recipient who is childless
and unmarried or living apart from his
or her parents or a legal guardian at
$203.
For the AFDC entrepreneurship program
appropriation, any unencumbered balance
remaining in the first year does not
cancel and is available for the second
year.
(b) Medical Assistance and General
Assistance Medical Care
$417,678,400 $464,670,700
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.
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.
For medical assistance services
rendered on or after July 1, 1987,
payments to medical assistance 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
based on payments in effect on June 30,
1987, reduced by five percent. This
percentage reduction does not apply to
prenatal care and delivery services.
The medical assistance appropropriation
includes $300,000 the second year for
the increased costs of exceptions to
the moratorium on licensure and
certification of long-term care beds.
The commissioner of health may license
or certify beds through the exception
review process, provided the projected
total annual increased state medical
assistance costs of all licenses or
certifications granted during the
biennium under any exception to the
moratorium do not exceed $300,000.
The commissioner of human services
shall contract for a study that
includes quality assurance evaluations
and medical record audits of prepaid
health plans under contract to the
commissioner to provide medical
assistance services. Federal money
received during the biennium to fund
this project 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.
$6,100,000 of the amount remaining in
the medical assistance and general
assistance medical care account at the
end of fiscal year 1987 does not cancel
but is available for fiscal year 1988.
$7,100,000 of the appropriation in Laws
1985, First Special Session chapter 9,
article 1, section 2, subdivision 5,
does not cancel and is available during
the first year to pay medical
assistance costs of acute care hospital
outlier charges incurred prior to July
1, 1987.
The maximum pharmacy dispensing fee
under medical assistance and general
assistance medical care is $4.
The commissioner shall study and
develop recommendations regarding
implementing an alternative payment
mechanism for reimbursing hospitals for
inpatient mental health services.
Notwithstanding the allocation
provisions of Minnesota Statutes,
section 254B.02, and until such time as
the federal waiver required to be
applied for by Minnesota Statutes,
section 254B.08 is obtained, the
department shall withhold sufficient
funds from the consolidated chemical
dependency treatment fund, established
under Minnesota Statutes, chapter 254B,
to pay the state share of chemical
dependency treatment services provided
after January 1, 1988, through the
medical assistance program.
(c) Preadmission Screening and
Alternative Care Grants
$11,914,000 $17,580,000
Up to $3,500,000 of any balance
remaining at the end of fiscal year
1987 in the appropriation for
preadmission screening and alternative
care grants does not cancel but is
available for fiscal year 1988.
(d) Other Income Maintenance Activities
$31,503,500 $27,704,600
This appropriation includes $100,000
each year to contract for the provision
of training and technical assistance to
counties to: (1) facilitate the
transfer of general assistance
recipients to federal disability
programs by identifying recipients who
are potentially eligible for benefits
and helping them with the application
and appeals process; and (2) facilitate
the transfer of general assistance
medical care recipients to the medical
assistance program by identifying
recipients who are potentially eligible
for medical assistance benefits and
helping them establish eligibility.
Subd. 7. Long-Term Care
Management 4,735,000 4,847,600
Subd. 8. Chemical Dependency,
Hearing Impaired, and Protection
Services 6,256,500 6,411,300
$100,000 of the money appropriated each
year for services to deaf persons is
for grants for specialized mental
health services for deaf and
multiple-handicapped deaf persons at St.
Paul-Ramsey Medical Center.
The commissioner of finance shall
transfer money as necessary to
implement the chemical dependency
consolidated fund program.
The entire sum of the money made
available to the state as a result of
Public Law Number 99-570, title 4,
subtitle A, section 4002, of the
federal Alcohol and Drug Abuse
Amendments of 1986, must be deposited
in the chemical dependency fund.
The commissioner shall prepare a report
to the chairs of the human services
division of house appropriations and
the health and human services
subcommittee of senate finance
containing details concerning the
provision of chemical dependency
services by regional treatment centers,
including utilization rates, staffing
levels, costs incurred, and rates
charged. The commissioner shall
deliver the report before February 1,
1988.
Subd. 9. Reimbursement and
Facilities Administration 204,430,500 195,566,800
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Regional Treatment Centers
Approved Complement
June 30, 1988 June 30, 1989
5,049 4,895
(1) Salaries
$158,702,600 $155,621,000
(2) Current Expense
$ 15,273,000 $ 15,269,000
(3) Repairs and Betterments
$ 2,875,000 $ 1,875,000
(4) Special Equipment
$ 1,114,000
The commissioner of human services
shall consolidate both program and
support functions at each of the
regional centers and state nursing
homes to ensure efficient and effective
space utilization which is consistent
with applicable licensing and
certification standards. The
commissioner may transfer residents and
positions among the regional center and
state nursing home system as necessary
to promote the most efficient use of
available state buildings. Surplus
buildings shall be reported to the
commissioner of administration for
appropriate disposition in accordance
with Minnesota Statutes, section 16B.24.
Provided there is no conflict with any
collective bargaining agreement, any
state hospital or state nursing home
reduction in the human services
technician classifications and other
nonprofessional, nonsupervisory direct
care positions must only be
accomplished through attrition,
transfers, and retirement and must not
be accomplished through layoff, unless
the position reduction is due to the
relocation of residents to a different
state facility and the employee
declines to accept a transfer to a
comparable position in another state
facility.
This appropriation includes $3,000,000
to be retained in a separate
interest-bearing account established in
accordance with Minnesota Statutes,
section 246.18, subdivision 3, for use
by the commissioner of human services
in contingency situations related to
chemical dependency programs operated
by the regional centers or state
nursing homes. Up to $250,000 must be
provided to each regional treatment
center in advance, at the request of
the chief executive officer, for
remodeling or other expenses identified
by the chief executive officer as
necessary to allow the facility to
compete with other chemical dependency
providers. The remaining money must be
used to enable state institutions to
continue to provide at least the
current level of chemical dependency
services for the biennium.
Effective January 1, 1988, 329 staff
positions related to the provision of
chemical dependency services in the
regional treatment centers and funded
by general fund appropriations are
transferred to each regional treatment
center's chemical dependency account
established under Minnesota Statutes,
section 246.18, subdivision 3.
The commissioner may continue to
operate and may expand the
state-operated, community-based program
pilot projects established under Laws
1985, chapter 9, article 1, subdivision
6(a)(1), within the limits of available
appropriations. State-operated,
community-based service positions must
not be counted for position reduction
purposes. These positions remain part
of the authorized complement.
Any unexpended balance remaining in the
regional treatment center fuel and
utilities appropriations for fiscal
year 1987 is reappropriated for the
biennium ending June 30, 1989, to be
used as follows: $175,000 to repair a
boiler at Oak Terrace Nursing Home; up
to $400,000 to the regional treatment
centers for furniture replacement;
$180,000 for the purpose of conducting
reimbursement projects to increase
collections and better manage client
programs in the regional treatment
centers; and up to $450,000 for
department computer charges incurred in
fiscal year 1987.
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.
Four of the mental health enrichment
positions are for the dual disabilities
program at St. Peter regional treatment
center.
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.
(b) Nursing Homes
Approved Complement - 616.5 605.5
(1) Salaries
$17,501,100 $17,144,700
This appropriation includes $300,000
the first 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.
(2) Current Expense
$ 2,250,000 $ 2,267,000
(3) Repairs and Betterments
$ 382,000 $ 232,000
For the biennium ending June 30, 1989,
the commissioner may reallocate repair
and betterment funds among projects as
the commissioner determines necessary.
Wages for project labor may be paid
from repair and replacement money if
the employee is to be engaged in a
construction or repair project of a
short-term and nonrecurring nature.
(4) Special Equipment
$ 74,000
(c) Other Reimbursement and Facilities
Administration Activities
$ 6,258,800 $ 3,158,100
For the child support enforcement
activity, during the biennium ending
June 30, 1989, 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.
Any balance remaining in the
appropriation for the administrative
process pilot program at the end of the
first year does not cancel but is
available for the second year.
Sec. 3. OFFICE OF FULL PRODUCTIVITY
AND OPPORTUNITY 153,200 0
Sec. 4. COMMISSIONER OF JOBS AND
TRAINING
Subdivision 1. Total
Appropriation 34,899,000 33,128,000
The amounts that may be spent from this
appropriation for each program are more
specifically described in the following
subdivisions.
Subd. 2. Employment and
Training
$12,697,000 $11,213,000
Of this appropriation, $9,000,000 each
year is for Minnesota employment and
economic development wage subsidies.
Any unencumbered balance remaining in
the first year 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 Minnesota Statutes,
section 268.677, subdivision 2, the
commissioner may spend up to one
percent of the appropriation for wage
subsidy for each fiscal year for the
department's administrative costs and
may allocate five percent of the
appropriation for wage subsidy for each
fiscal year to local service units for
administrative costs.
Of the money appropriated for the
summer youth employment program for
fiscal year 1988, $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 1987
program must be written for the entire
period of the calendar year 1987
program.
The commissioner of jobs and training
shall develop, in consultation with the
commissioners of education, human
services, and natural resources, a
coordinated plan for enhanced youth
education, employment, and service
opportunities. This plan shall
consider the current programming of the
Minnesota conservation corps, the
Minnesota youth program, the summer
youth employment and training program,
community and secondary vocational
education, and other appropriate
programs in designing a coordinated
cost-effective model which would
enlarge opportunities for youth. The
plan should also recommend a model for
coordinated funding. The commissioners
shall report to the appropriate
committees of the legislature by
January 1, 1988.
The commissioner may spend up to one
percent of the appropriation for
employment programs for each fiscal
year for the department's
administrative costs and for program
operators' administrative costs.
In the event the federal work incentive
program is ended before June 30, 1989,
any remaining funds appropriated from
the general fund to the department of
human services to operate the work
incentive program shall transfer to a
federal program enacted to replace the
work incentive program. If no
replacement program is enacted, any
remaining funds shall transfer to the
Minnesota employment and economic
development wage subsidy program in the
department of jobs and training. This
transfer is in addition to funds
appropriated to the wage subsidy
program for the biennium.
The staff complement of the department
of jobs and training reflects an
increase of two positions to carry out
duties formerly assigned to the
coordinator of full productivity and
opportunity.
Subd. 3. Rehabilitation Services
$20,281,000 $20,395,000
Any unexpended balance remaining in the
first year does not cancel and is
available for the second year.
Subd. 4. Community Services
$ 1,921,000 $ 1,520,000
Of this appropriation, $200,000 the
first year and $200,000 the second year
are to provide for the local storage,
transportation, processing, and
distribution of United States
Department of Agriculture surplus
commodities. The department of jobs
and training shall report on the
surplus commodities program to the
state legislature by January 15 of each
year.
Notwithstanding any law to the
contrary, for the biennium ending June
30, 1989, the commissioner of jobs and
training shall transfer to the
community services block grant program
ten percent of the 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 or the year following the
transfer. None of the transferred
money may be used by the commissioner
of jobs and training for administrative
costs, except that up to two percent of
the funds used to supplement the
federal funding for Project Head Start
may be used for administrative costs.
Twenty-five percent of the money
transferred by the commissioner of jobs
and training from the low-income home
energy assistance block grant to the
community services block grant shall be
used to supplement the federal funding
of Project Head Start for children from
low-income families. Notwithstanding
any law to the contrary, these
transferred funds shall be allocated
through the existing Project Head Start
formula to existing Project Head Start
grantees for the purpose of expanding
services to additional low-income
families. The transferred funds shall
be expended according to the federal
regulations governing Project Head
Start, including Code of Federal
Regulations, title 45, sections 1302
through 1305. Each local Project Head
Start shall expend the supplemental
funds during the year of their receipt
or the year following their receipt.
The commissioner of jobs and training
shall prepare an annual report to the
legislature describing the uses and
impacts of the Project Head Start
supplemental funding. The first annual
report shall be delivered to the
appropriate committees of the
legislature on January 1 following the
first full school year for which
supplemental funding is available.
For the biennium ending June 30, 1989,
the commissioner of jobs and training
shall shift to the low-income home
weatherization program at least 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
or the year following the transfer.
None of the transferred money may be
used by the commissioner of jobs and
training for administrative costs.
To the extent allowed by federal
regulations, the commissioner of jobs
and training shall ensure that the same
income eligibility criteria apply to
both the weatherization program and the
energy assistance program.
For the biennium ending June 30, 1989,
no more than 1.11 percent of funds
received under the total low-income
home energy assistance program may be
used by the commissioner for
departmental administrative costs.
Discretionary money from the community
services block grant (regular) must be
used to supplement the appropriation
for local storage, transportation,
processing, and distribution of United
States Department of Agriculture
surplus commodities to the extent
supplementary funding is required. Any
remaining funds shall be allocated to
state-designated and state-recognized
community action agencies, Indian
reservations, and the Minnesota migrant
council.
In the event that the federal office of
community services does not recognize
the Olmsted and Freeborn county
community action agencies as eligible
entities for full funding, the
commissioner shall provide full funding
for those agencies from discretionary
funds resulting from block grant
transfers to the community services
block grant. The balance of these
funds may be used by the commissioner
for discretionary purposes consistent
with federal community services block
grant guidelines stated in Public Law
Number 97-35. The commissioner shall
by January 1, 1988, report to the
legislature on the use of these funds.
The commissioner shall by January 1,
1988, provide to the chairs of the
health and human services divisions of
the house appropriations committee and
the senate finance committee a written
plan describing how the department's
division of community services will
issue one contract for human service
programs, with the community action
agencies, the Indian reservations, and
the Minnesota migrant council,
including but not limited to, the
community services block grant program,
the low-income home weatherization
program, the low-income energy
assistance program, the USDA Surplus
Commodities Program, and all other
programs for which the division has
contractual responsibility.
Sec. 5. COMMISSIONER OF
CORRECTIONS
Subdivision 1. Appropriation by Fund
General Fund 97,655,600 98,730,400
Special Revenue Fund 126,500 126,500
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.
For the biennium ending June 30, 1989,
the commissioner of corrections may,
with the approval of the commissioner
of finance and upon notification of the
chairs of the health and human services
divisions of the house appropriations
committee and the senate finance
committee, transfer funds to or from
salaries.
Any unencumbered balances within this
section remaining in the first year
shall not cancel but are available for
the second year of the biennium.
Subd. 2. Management Services 3,714,900 3,928,000
Subd. 3. Community Services 23,383,700 24,633,400
Of this appropriation, $13,329,000 the
first year and $14,829,000 the second
year are for community corrections act
subsidies.
$50,000 from the general fund is to
provide a state match for county funds
used by the Hennepin county department
of community services to establish a
juvenile residential facility as
defined in Minnesota Rules, part
2935.0100, subpart 13, in Hennepin
county. The facility shall be used
exclusively as a residential placement
for American Indian juveniles who are
referred for placement by the juvenile
court or the commissioner of
corrections. Money appropriated under
this section may be used to acquire a
facility, provide equipment and
furnishings for the facility, employ
staff, and make modifications necessary
to meet the licensing standards of the
commissioner under Minnesota Rules,
chapter 2935.
Notwithstanding any other law to the
contrary, the commissioner of finance
shall deposit in the special revenue
account receipts from the provision of
juvenile probation services to Lincoln,
Lyon, and Faribault counties. These
receipts are appropriated to fund
battered women grants for the biennium
ending June 30, 1989.
There is appropriated for fiscal year
1987, $19,400 from the general fund for
probation and supervised release.
This appropriation includes $76,000 for
a grant under Minnesota Statutes,
section 241.022, to the West Central
Juvenile Center in Moorhead.
Any unencumbered balance remaining in
the county probation reimbursement
account at the end of the first year
does not cancel but is available for
the second year of the biennium. Any
surplus remaining in the account at the
end of the biennium cancels to the
general fund.
Subd. 4. Correctional
Institutions 70,557,000 70,169,000
(a) Salaries
$52,610,400 $52,438,400
(b) Current Expense
$12,252,000 $12,254,000
(c) Repairs and Betterments
$ 1,368,000 $ 1,164,000
For the biennium ending June 30, 1989,
the commissioner may reallocate repair
and betterment funds among projects as
the commissioner determines necessary.
(d) Special Equipment
$ 342,000 $ 334,000
(e) Institution Support
$ 3,984,600 $3,978,600
The commissioner may enter into
agreements with the appropriate Alaskan
officials, or officials of any state,
political subdivision, or the United
States, for housing prisoners in
Minnesota correctional facilities.
Money received under the agreements is
appropriated to the commissioner for
correctional purposes.
Any unencumbered balances in special
equipment, repairs and replacement,
food provisions, and central office
health care, remaining in the first
year do not cancel and are available
for the second year.
Wages for project labor may be paid
from repair and replacement money if
the employee is to be engaged in a
construction or repair project of a
short-term and nonrecurring nature.
Notwithstanding Minnesota Statutes,
sections 94.09 to 94.16, the
commissioner may sell surplus property
at Lino Lakes Correctional Facility to
Anoka county and the proceeds from a
sale are appropriated to the
commissioner to expand living quarters
at the facility after review by the
chair of the house human services
division of appropriations and the
chair of the senate health and human
services subommittee of finance.
Sec. 6. SENTENCING GUIDELINES
COMMISSION 198,000 201,100
Sec. 7. CORRECTIONS OMBUDSMAN 331,000 331,000
Sec. 8. COMMISSIONER OF HEALTH
Subdivision 1. Appropriation by Fund
General Fund 31,528,500 31,205,900
Public Health Fund 3,420,400 3,419,300
Trunk Highway Fund 536,000 535,400
Metropolitan Landfill Contingency Fund 140,100 140,100
The amounts that may be spent from this
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
health as the commissioner considers
necessary, with the advance approval of
the commissioner of finance.
Subd. 2. Preventive and Protective
Health Services
General Fund 8,032,000 7,494,000
Public Health Fund 1,727,200 1,726,800
Metropolitan Landfill Contingency Fund 140,100 140,100
Of this general fund appropriation
$50,000 in 1988 is to pay the St. Paul
Ramsey Medical Center for autopsies for
the purposes of Laws 1985, First
Special Session chapter 9, article 2,
sections 14, 15, and 91, except that
payments may be made to physicians and
pathologists statewide for their
services and expenses related to the
removal, transportation and storage of
decedents' brains. The number of
autopsies that may be performed is
limited only by the amount of the
appropriation. The appropriation is
available until expended.
Of this appropriation, $140,100 each
year is appropriated from the
metropolitan landfill contingency fund
for monitoring well water supplies in
the metropolitan area.
The appropriation for preventive and
protective health services reflects an
increase of $54,000 the first year and
$53,000 the second year for swimming
pool surveillance and monitoring. The
increase is not available until the
department has established a fee system
that will allow the increased costs to
be fully recovered.
Subd. 3. Health Delivery
Systems
General Fund 20,437,000 20,591,400
Public Health Fund 1,693,200 1,692,500
Trunk Highway Fund 536,000 535,400
Of this appropriation, $11,828,000 from
the general fund each year is 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.
The state appropriation to supplement
the federal Women, Infants and Children
(WIC) program in each year is to be
spent consistent with federal
requirements. Any balance remaining in
the first year does not cancel but is
available for the second year.
Of this appropriation, $536,000 the
first year and $535,400 the second year
are appropriated from the trunk highway
fund for emergency medical services
activities.
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.
Notwithstanding any law to the
contrary, appropriations from the
general fund for services to children
with handicaps for fiscal years 1987,
1988, and 1989 are available until
expended and may be used in the
maternal and child health activity for
grants, staff and supplies consistent
with section 8, page 37 of the
governor's 1987-1989 biennial budget
document. All receipts generated by
the services to children with handicaps
program are to be deposited as
dedicated receipts and appropriated to
the commissioner of health for use in
the maternal and child health program.
Subd. 4. Health Support Services
General Fund 3,059,500 3,120,500
Sec. 9. HAZARDOUS SUBSTANCE
INJURY COMPENSATION BOARD
The $2,000,000 appropriated to the
Hazardous Substance Injury Compensation
Board in Laws 1985, First Special
Session, chapter 8, section 18 is
available until expended.
Sec. 10. HEALTH-RELATED BOARDS
Subdivision 1. Total for this
section 3,515,600 3,534,600
The appropriations in this section are
from the special revenue fund.
Subd. 2. Board of Chiropractic
Examiners 174,200 162,200
Subd. 3. Board of Dentistry 317,100 317,400
Subd. 4. Board of Medical
Examiners 1,323,100 1,353,000
The board of medical examiners shall
establish fees for individuals licensed
or registered by it at a level which
nearly equals the board's
appropriation, general support costs,
indirect costs, and attorney general
costs. The fees must be set in
accordance with the procedure
established by Minnesota Statutes,
section 16A.128, subdivision 2a, in
effect on August 1, 1984.
Subd. 5. Board of Nursing 867,100 867,700
The board of nursing may supplement its
appropriation by receipts from the
board of podiatry for services provided
to the board of podiatry.
Subd. 6. Board of Examiners for
Nursing Home Administrators 131,900 132,000
Subd. 7. Board of Optometry 46,900 47,000
Subd. 8. Board of Pharmacy 405,300 405,500
Subd. 9. Board of Podiatry 9,600 9,600
Subd. 10. Board of Psychology 160,300 160,100
Subd. 11. Board of Veterinary
Medicine 80,100 80,100
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.
Subd. 13. Attorney General Services
Notwithstanding any law to the
contrary, in the event the office of
the attorney general does not provide
legal and investigative services to the
health-related licensing boards in
either fiscal year 1988 or fiscal year
1989 in an amount at least equal to the
services provided in fiscal year 1986,
the boards are authorized to contract
with the office of the attorney general
for such services in amounts not to
exceed fee revenues for the year
affected.
Sec. 11. BUDGET BOOK FORMAT
Notwithstanding Minnesota Statutes,
section 16A.11, the commissioner of
finance shall consult with and seek the
recommendations of the chair of the
house appropriations committee and the
chair of the senate finance committee
and their respective division chairs
prior to adopting a format for the
1989-1991 biennial budget document.
The commissioner of finance shall not
adopt a format for the 1989-1991
biennial budget document until the
commissioner has received the positive
recommendations of the chair of the
house appropriations committee and the
chair of the senate finance committee.
Sec. 12. FEDERAL RECEIPTS
For the biennium ending June 30, 1989,
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. 13. PROVISIONS
For the biennium ending June 30, 1989,
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 1988 and fiscal year
1989 must be based on the June 1987,
and June 1988, 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. 14. TRANSFERS OF MONEY
Subdivision 1. Governor's Approval
Required
For the biennium ending June 30, 1989,
the commissioners of human services,
corrections, jobs and training, and
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,
basic client rehabilitation services,
and rehabilitation services for
workers' compensation recipients, 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, 1989,
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. 15. APPROVED COMPLEMENT
For the biennium ending June 30, 1989,
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
consulting with the legislative
advisory commission.
Subd. 2. Transfers of Unencumbered
Appropriations
For the biennium ending June 30, 1989,
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. 16. APPROVED COMPLEMENT
For the biennium ending June 30, 1989,
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 house committee on
appropriations and Senate committee on
finance at least 30 days before the
legislative advisory commission meeting.
Sec. 17. MASTER LEASE
If an amount is appropriated in this
act to purchase equipment, and the
equipment is instead acquired using a
master lease, the commissioner of
finance shall reduce the allotment for
equipment by the amount of the savings
after written consultation with the
chairs of the house appropriations
committee and the senate finance
committee. Any unencumbered balance
allotted for this equipment remaining
in the first year does not cancel and
is available for the second year.
ARTICLE 2
Section 1. Minnesota Statutes 1986, section 15A.081,
subdivision 1, is amended to read:
Subdivision 1. The governor shall set the salary rate
within the ranges listed below for positions specified in this
subdivision, upon approval of the legislative commission on
employee relations and the legislature as provided by section
43A.18, subdivisions 2 and 5:
Salary Range
Effective
July 1, 1983
Commissioner of education; $57,500-$70,000
Commissioner of finance;
Commissioner of transportation;
Commissioner of human services;
Executive director, state board of
investment;
Commissioner of administration; $50,000-$60,000
Commissioner of agriculture;
Commissioner of commerce;
Commissioner of corrections;
Commissioner of jobs and training;
Commissioner of employee relations;
Commissioner of energy and economic
development;
Commissioner of health;
Commissioner of labor and industry;
Commissioner of natural resources;
Commissioner of revenue;
Commissioner of public safety;
Chair, waste management board;
Chief administrative law judge; office of
administrative hearings;
Director, pollution control agency;
Director, state planning agency;
Executive director, housing finance
agency;
Executive director, public employees
retirement association;
Executive director, teacher's
retirement association;
Executive director, state retirement
system;
Chair, metropolitan council;
Chair, regional transit board;
Coordinator of full productivity and
opportunity;
Commissioner of human rights; $40,000-$52,500
Director, department of public service;
Commissioner of veterans' affairs;
Director, bureau of mediation services;
Commissioner, public utilities commission;
Member, transportation regulation board.
Sec. 2. [62D.211] [RENEWAL FEE.]
Each health maintenance organization subject to sections
62D.01 to 62D.29 shall submit to the commissioner of health each
year before April 1 a certificate of authority renewal fee in
the amount of $10,000 each plus 20 cents per person enrolled in
the health maintenance organization on December 31 of the
preceding year. The commissioner may adjust the renewal fee in
rule under the provisions of chapter 14.
Sec. 3. [REPORT.]
The commissioner shall report to the legislature before
January 15, 1988, assessing the effect of the renewal fee
structure upon health maintenance organizations and making any
necessary recommendations for changes in this method of
computing certificate of authority renewal fees.
Sec. 4. Minnesota Statutes 1986, section 86.33,
subdivision 2, is amended to read:
Subd. 2. [PROJECT COORDINATION.] The commissioner of
natural resources shall consult with the full productivity and
opportunity coordinator and develop a plan that establishes: a
priority for unemployed youths who are economically, socially,
physically, or educationally disadvantaged; the ways in which
participants will be assisted in gaining ongoing employment or
training upon completing the projects; the ways in which
exclusive bargaining representatives are to be consulted in
regard to the positions and job duties of persons employed in
projects; and how the projects are coordinated with other
publicly authorized or subsidized programs.
The commissioner shall submit the plan to the full
productivity and opportunity coordinator in each even-numbered
year, according to standards established by the coordinator for
use in developing a biennial statewide employment and training
plan.
Sec. 5. Minnesota Statutes 1986, section 86.33,
subdivision 3, is amended to read:
Subd. 3. [REPORTING; CORPS MEMBER STATUS; FEES.] The
commissioner of natural resources shall cooperate with the full
productivity and opportunity coordinator in developing and
implementing any evaluation and reporting systems for employment
and training programs. All camp staff except camp directors in
the young adult program are corps members. Corps members are
not eligible for unemployment compensation or other benefits
except workers' compensation, and they are not employees of the
state of Minnesota within the meaning of section 43A.02,
subdivision 21. The commissioner may charge a fee for any
service performed by the corps.
Sec. 6. Minnesota Statutes 1986, section 136C.06, is
amended to read:
136C.06 [SOLE STATE AGENCY.]
The state board of vocational technical education is the
sole state agency to receive and disburse federal funds
authorized by the Vocational Education Act of 1963, as amended
in the education amendments of 1976, Public Law Number 94-482,
and Code of Federal Regulations, title 34, part 400. The state
board shall develop and submit the state plan for vocational
technical education. The state board shall develop the state
plan according to terms of agreement with the state board of
education. Before developing and submitting the state plan, the
state board shall consult with the full productivity and
opportunity coordinator. The state board shall submit the state
plan to the full productivity and opportunity coordinator for
use in developing a biennial statewide employment and training
plan.
Sec. 7. Minnesota Statutes 1986, section 144.122, is
amended to read:
144.122 [LICENSE AND PERMIT FEES.]
(a) The state commissioner of health, by rule, may
prescribe reasonable procedures and fees for filing with the
commissioner as prescribed by statute and for the issuance of
original and renewal permits, licenses, registrations and
certifications issued under authority of the commissioner. The
expiration dates of the various licenses, permits, registrations
and certifications as prescribed by the rules shall be plainly
marked thereon. Fees may include application and examination
fees and a penalty fee for renewal applications submitted after
the expiration date of the previously issued permit, license,
registration, and certification. The commissioner may also
prescribe, by rule, reduced fees for permits, licenses,
registrations, and certifications when the application therefor
is submitted during the last three months of the permit,
license, registration, or certification period. Fees proposed
to be prescribed in the rules shall be first approved by the
department of finance. All fees proposed to be prescribed in
rules shall be reasonable. The fees shall be in an amount so
that the total fees collected by the commissioner will, where
practical, approximate the cost to the commissioner in
administering the program. All fees collected shall be
deposited in the state treasury and credited to the general fund
unless otherwise specifically appropriated by law for specific
purposes.
(b) The commissioner may charge a fee for voluntary
certification of medical laboratories and environmental
laboratories, and for environmental and medical laboratory
services provided by the department, without complying with
subdivision 1 or chapter 14. Fees charged for environment and
medical laboratory services provided by the department must be
approximately equal to the costs of providing the services.
Sec. 8. Minnesota Statutes 1986, section 144.123,
subdivision 2, is amended to read:
Subd. 2. The commissioner of health shall promulgate
rules, in accordance with chapter 14, which shall specify the
amount of the handling fee prescribed in subdivision 1. The fee
shall approximate the costs to the department of handling
specimens including reporting, postage, specimen kit
preparation, and overhead costs. The fee prescribed in
subdivision 1 shall be $1.50 $5 per specimen until the
commissioner promulgates rules pursuant to this subdivision.
Sec. 9. [144.671] [CANCER SURVEILLANCE SYSTEM; PURPOSE.]
The commissioner of health shall establish a statewide
population-based cancer surveillance system. The purpose of
this system is to:
(1) monitor incidence trends of cancer to detect potential
public health problems, predict risks, and assist in
investigating cancer clusters;
(2) more accurately target intervention resources for
communities and patients and their families;
(3) inform health professionals and citizens about risks,
early detection, and treatment of cancers known to be elevated
in their communities; and
(4) promote high quality research to provide better
information for cancer control and to address public concerns
and questions about cancer.
Sec. 10. [144.672] [DUTIES OF COMMISSIONER; RULES.]
Subdivision 1. [RULE AUTHORITY.] The commissioner of
health shall collect cancer incidence information, analyze the
information, and conduct special studies designed to determine
the potential public health significance of an increase in
cancer incidence.
The commissioner shall adopt rules to administer the
system, collect information, and distribute data. The rules
must include, but not be limited to, the following:
(1) the type of data to be reported;
(2) standards for reporting specific types of data;
(3) payments allowed to hospitals, pathologists, and
registry systems to defray their costs in providing information
to the system;
(4) criteria relating to contracts made with outside
entities to conduct studies using data collected by the system.
The criteria may include requirements for a written protocol
outlining the purpose and public benefit of the study, the
description, methods, and projected results of the study, peer
review by other scientists, the methods and facilities to
protect the privacy of the data, and the qualifications of the
researcher proposing to undertake the study;
(5) specification of fees to be charged under section
13.03, subdivision 3, for all out-of-pocket expenses for data
summaries or specific analyses of data requested by public and
private agencies, organizations, and individuals, and which are
not otherwise included in the commissioner's annual summary
reports. Fees collected are appropriated to the commissioner to
offset the cost of providing the data; and
(6) establishment of a committee to assist the commissioner
in the review of system activities.
Subd. 2. [BIENNIAL REPORT REQUIRED.] The commissioner of
health shall prepare and transmit to the governor and to members
of the legislature a biennial report on the incidence of cancer
in Minnesota and a compilation of summaries and reports from
special studies and investigations performed to determine the
potential public health significance of an increase in cancer
incidence, together with any findings and recommendations. The
first report shall be delivered by February 1989, with
subsequent reports due in February of each of the following
odd-numbered years.
Sec. 11. Minnesota Statutes 1986, section 144.68, is
amended to read:
144.68 [RECORDS AND REPORTS REQUIRED.]
Subdivision 1. [PERSON PRACTICING HEALING ARTS.] Every
person licensed to practice the healing arts in any form, upon
request of the state commissioner of health, shall prepare and
forward to the commissioner, in the manner and at such times as
the commissioner designates, a detailed record of each case of
malignant disease cancer treated or seen by the person
professionally.
Subd. 2. [HOSPITALS AND SIMILAR INSTITUTIONS.] Every
hospital, sanatorium, nursing home medical clinic, medical
laboratory, or other institution for the hospitalization,
clinical or laboratory diagnosis, or care of human beings, upon
request of the state commissioner of health, shall prepare and
forward to the commissioner, in the manner and at the times
designated by the commissioner, a detailed record of each case
of malignant disease having been therein cancer.
Subd. 3. [INFORMATION REPORTING WITHOUT LIABILITY.] The
furnishing of the information required under subdivisions 1 and
2 shall not subject the person, hospital, sanatorium, nursing
home medical clinic, medical laboratory, or other place
institution furnishing the information, to any action for
damages or other relief.
Sec. 12. Minnesota Statutes 1986, section 144.69, is
amended to read:
144.69 [INFORMATION NOT AVAILABLE TO THE PUBLIC
CLASSIFICATION OF DATA ON INDIVIDUALS.]
No such report, or part thereof, nor any copy of the same
or part thereof, shall be open to the public, nor shall any of
the contents thereof be disclosed, in any manner, by any
official or clerk or other employee or person having access
thereto, but all such information Notwithstanding any law to the
contrary, including section 13.05, subdivision 9, data collected
on individuals by the cancer surveillance system, including the
names and personal identifiers of persons required in section
144.68 to report, shall be confidential private and may only be
used for the purposes set forth in sections 144.66 to 144.671,
144.672, 144.68, and 144.69. And any such disclosure other than
is provided for in sections 144.66 to 144.671, 144.672, 144.68,
and 144.69, is hereby declared to be a misdemeanor and
punishable as such. No Except as provided by rule, and as part
of an epidemiologic investigation, an officer or employee of the
board shall commissioner of health may interview any patient
patients named in any such report, nor a relative or relatives
of any such patient, unless only after the consent of the
attending physician and or surgeon is first obtained.
Sec. 13. Minnesota Statutes 1986, section 144A.33,
subdivision 3, is amended to read:
Subd. 3. [FUNDING OF ADVISORY COUNCIL EDUCATION.] A
license application or renewal fee for nursing homes and
boarding care homes under section 144.53 or 144A.07 must be
increased by $1.73 $2.75 per bed to fund the development and
education of resident and family advisory councils.
Sec. 14. Minnesota Statutes 1986, section 144A.33,
subdivision 4, is amended to read:
Subd. 4. [SPECIAL ACCOUNT.] All money collected by the
commissioner of health under subdivision 3 must be deposited in
the state treasury and credited to a special account called the
nursing home advisory council fund. Money credited to the fund
is appropriated to the Minnesota board on aging for the purposes
of this section.
Sec. 15. Minnesota Statutes 1986, section 171.29,
subdivision 2, is amended to read:
Subd. 2. (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 the person's
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 $150 $200 fee before the person's drivers license is
reinstated to be credited as follows:
(1) 50 25 percent shall be credited to the trunk highway
fund;
(2) 25 50 percent shall be credited to 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; and
(3) 25 percent shall be credited to a separate account to
be known as the alcohol impaired driver education account.
Money in the account is appropriated to the commissioner of
education for grants to develop alcohol impaired driver
education programs in elementary, secondary, and post-secondary
schools. The state board of education shall establish
guidelines for the distribution of the grants. The commissioner
of education shall report to the legislature by January 15,
1988, on the expenditure of grant funds under this clause.
Sec. 16. [245.461] [POLICY AND CITATION.]
Subdivision 1. [CITATION.] Sections 245.461 to 245.486 may
be cited as the "Minnesota comprehensive mental health act."
Subd. 2. [MISSION STATEMENT.] The commissioner shall
create and ensure a unified, accountable, comprehensive mental
health service system that:
(1) recognizes the right of people with mental illness to
control their own lives as fully as possible;
(2) promotes the independence and safety of people with
mental illness;
(3) reduces chronicity of mental illness;
(4) reduces abuse of people with mental illness;
(5) provides services designed to:
(i) increase the level of functioning of people with mental
illness or restore them to a previously held higher level of
functioning;
(ii) stabilize individuals with mental illness;
(iii) prevent the development and deepening of mental
illness;
(iv) support and assist individuals in resolving emotional
problems that impede their functioning;
(v) promote higher and more satisfying levels of emotional
functioning; and
(vi) promote sound mental health; and
(6) provides a quality of service that is effective
efficient, appropriate, and consistent with contemporary
professional standards in the field of mental health.
Subd. 3. [REPORT.] By February 15, 1988, and annually
after that until February 15, 1990, the commissioner shall
report to the legislature on all steps taken and recommendations
for full implementation of sections 245.461 to 245.486 and on
additional resources needed to further implement those sections.
Sec. 17. [245.462] [DEFINITIONS.]
Subdivision 1. [DEFINITIONS.] The definitions in this
section apply to sections 245.461 to 245.486.
Subd. 2. [ACUTE CARE HOSPITAL INPATIENT TREATMENT.] "Acute
care hospital inpatient treatment" means short-term medical,
nursing, and psychosocial services provided in an acute care
hospital licensed under chapter 144.
Subd. 3. [CASE MANAGEMENT ACTIVITIES.] "Case management
activities" means activities that are part of the community
support services program as defined in subdivision 6 and are
designed to help people with serious and persistent mental
illness in gaining access to needed medical, social,
educational, vocational, and other necessary services as they
relate to the client's mental health needs. Case management
activities include obtaining a diagnostic assessment, developing
an individual community support plan, referring the person to
needed mental health and other services, coordinating services,
and monitoring the delivery of services.
Subd. 4. [CASE MANAGER.] "Case manager" means an
individual authorized by the county board to provide case
management activities as part of a community support services
program. A case manager must be qualified at the mental health
practitioner level, skilled in the process of identifying and
assessing a wide range of client needs, and knowledgeable about
local community resources and how to use those resources for the
benefit of the client.
Subd. 5. [COMMISSIONER.] "Commissioner" means the
commissioner of human services.
Subd. 6. [COMMUNITY SUPPORT SERVICES PROGRAM] "Community
support services program" means services, other than inpatient
or residential treatment services, provided or coordinated by an
identified program and staff under the clinical supervision of a
mental health professional designed to help people with serious
and persistent mental illness to function and remain in the
community. A community support services program includes case
management activities provided to persons with serious and
persistent mental illness, client outreach, medication
management, assistance in independent living skills, development
of employability and supportive work opportunities, crisis
assistance, psychosocial rehabilitation, help in applying for
government benefits, and the development, identification, and
monitoring of living arrangements.
Subd. 7. [COUNTY BOARD.] "County board" means the county
board of commissioners or board established pursuant to the
joint powers act, section 471.59, or the human services board
act, sections 402.01 to 402.10.
Subd. 8. [DAY TREATMENT SERVICES.] "Day treatment services"
means a structured program of intensive therapeutic and
rehabilitative services at least one day a week for a minimum
three-hour time block that is provided within a group setting by
a multidisciplinary staff under the clinical supervision of a
mental health professional. Day treatment services are not a
part of inpatient or residential treatment services, but may be
part of a community support services program.
Subd. 9. [DIAGNOSTIC ASSESSMENT.] "Diagnostic assessment"
means a written summary of the history, diagnosis, strengths,
vulnerabilities, and general service needs of a person with
mental illness using diagnostic, interview, and other relevant
mental health techniques provided by a mental health
professional used in developing an individual treatment plan or
individual community support plan.
Subd. 10. [EDUCATION AND PREVENTION SERVICES.] "Education
and prevention services" means services designed to educate the
general public or special high-risk target populations about
mental illness, to increase the understanding and acceptance of
problems associated with mental illness, to increase people's
awareness of the availability of resources and services, and to
improve people's skills in dealing with high-risk situations
known to affect people's mental health and functioning.
Subd. 11. [EMERGENCY SERVICES.] "Emergency services" means
an immediate response service available on a 24-hour,
seven-day-a-week basis for persons having a psychiatric crisis
or emergency.
Subd. 12. [INDIVIDUAL COMMUNITY SUPPORT PLAN.] "Individual
community support plan" means a written plan developed by a case
manager on the basis of a diagnostic assessment. The plan
identifies specific services needed by a person with serious and
persistent mental illness to develop independence or improved
functioning in daily living, health and medication management,
social functioning, interpersonal relationships, financial
management, housing, transportation, and employment.
Subd. 13. [INDIVIDUAL PLACEMENT AGREEMENT.] "Individual
placement agreement" means a written agreement or supplement to
a service contract entered into between the county board and a
service provider on behalf of an individual client to provide
residential treatment services.
Subd. 14. [INDIVIDUAL TREATMENT PLAN.] "Individual
treatment plan" means a written plan of intervention, treatment,
and services for a person with mental illness that is developed
by a service provider under the clinical supervision of a mental
health professional on the basis of a diagnostic assessment.
The plan identifies goals and objectives of treatment, treatment
strategy, a schedule for accomplishing treatment goals and
objectives, and the individual responsible for providing
treatment to the person with mental illness.
Subd. 15. [LOCAL MENTAL HEALTH PROPOSAL.] "Local mental
health proposal" means the proposal developed by the county
board, reviewed by the commissioner, and described in section 18.
Subd. 16. [MENTAL HEALTH FUNDS.] "Mental health funds" are
funds expended under sections 245.73 and 256E.12, federal mental
health block grant funds, and funds expended under sections
256D.06 and 256D.37 to facilities licensed under Minnesota
Rules, parts 9520.0500 to 9520.0690.
Subd. 17. [MENTAL HEALTH PRACTITIONER.] "Mental health
practitioner" means a person providing services to persons with
mental illness who is qualified in at least one of the following
ways:
(1) holds a bachelor's degree in one of the behavioral
sciences or related fields from an accredited college or
university, and has 2,000 hours of supervised experience in the
delivery of services to persons with mental illness;
(2) has 6,000 hours of supervised experience in the
delivery of services to persons with mental illness;
(3) is a graduate student in one of the behavioral sciences
or related fields formally assigned to an agency or facility for
clinical training by an accredited college or university; or
(4) holds a master's or other graduate degree in one of the
behavioral sciences or related fields from an accredited college
or university with less than 4,000 hours post-master's
experience in the treatment of mental illness.
Subd. 18. [MENTAL HEALTH PROFESSIONAL.] "Mental health
professional" means a person providing clinical services in the
treatment of mental illness who is qualified in at least one of
the following ways:
(1) in psychiatric nursing: a registered nurse with a
master's degree in one of the behavioral sciences or related
fields from an accredited college or university or its
equivalent, who is licensed under sections 148.171 to 148.285,
with at least 4,000 hours of post-master's supervised experience
in the delivery of clinical services in the treatment of mental
illness;
(2) in clinical social work: a person with a master's
degree in social work from an accredited college or university,
with at least 4,000 hours of post-master's supervised experience
in the delivery of clinical services in the treatment of mental
illness;
(3) in psychology: a psychologist licensed under sections
148.88 to 148.98 who has stated to the board of psychology
competencies in the diagnosis and treatment of mental illness;
(4) in psychiatry: a physician licensed under chapter 147
and certified by the American board of psychiatry and neurology
or eligible for board certification in psychiatry; or
(5) in allied fields: a person with a master's degree from
an accredited college or university in one of the behavioral
sciences or related fields, with at least 4,000 hours of
post-master's supervised experience in the delivery of clinical
services in the treatment of mental illness.
Subd. 19. [MENTAL HEALTH SERVICES.] "Mental health
services" means all of the treatment services and management
activities that are provided to persons with mental illness and
are described in sections 245.468 to 245.476.
Subd. 20. [MENTAL ILLNESS.] (a) "Mental illness" means an
organic disorder of the brain or a clinically significant
disorder of thought, mood, perception, orientation, memory, or
behavior that is listed in the clinical manual of the
International Classification of Diseases (ICD-9-CM), current
edition, code range 290.0 to 302.99 or 306.0 to 316.0 or the
corresponding code in the American Psychiatric Association's
Diagnostic and Statistical Manual of Mental Disorders (DSM-MD),
current edition, Axes I, II, or III, and that seriously limits a
person's capacity to function in primary aspects of daily living
such as personal relations, living arrangements, work, and
recreation.
(b) A "person with acute mental illness" means a person who
has a mental illness that is serious enough to require prompt
intervention.
(c) For purposes of sections 245.461 to 245.486, a "person
with serious and persistent mental illness" means a person who
has a mental illness and meets at least one of the following
criteria:
(1) The person has undergone two or more episodes of
inpatient care for a mental illness within the preceding 24
months.
(2) The person has experienced a continuous psychiatric
hospitalization or residential treatment exceeding six months'
duration within the preceding 12 months.
(3) The person has had a history of recurring inpatient or
residential treatment episodes of a frequency described in
clause (1) or (2), but not within the preceding 24 months.
There must also be a written opinion of a mental health
professional stating that the person is reasonably likely to
have future episodes requiring inpatient or residential
treatment unless an ongoing community support services program
is provided.
Subd. 21. [OUTPATIENT SERVICES.] "Outpatient services"
means mental health services, excluding day treatment and
community support services programs, provided by or under the
clinical supervision of a mental health professional to persons
with a mental illness who live outside a hospital or residential
treatment setting. Outpatient services include clinical
activities such as individual, group, and family therapy;
individual treatment planning; diagnostic assessments;
medication management; and psychological testing.
Subd. 22. [REGIONAL TREATMENT CENTER INPATIENT
SERVICES.] "Regional treatment center inpatient services" means
the medical, nursing, or psychosocial services provided in a
regional treatment center operated by the state.
Subd. 23. [RESIDENTIAL TREATMENT.] "Residential treatment"
means a 24-hour-a-day residential program under the clinical
supervision of a mental health professional, other than an acute
care hospital or regional treatment center, which must be
licensed as a residential treatment facility for mentally ill
persons under Minnesota Rules, parts 9520.0500 to 9520.0690 for
adults, 9545.0900 to 9545.1090 for children, or other rule
adopted by the commissioner.
Subd. 24. [SERVICE PROVIDER.] "Service provider" means
either a county board or an individual or agency including a
regional treatment center under contract with the county board
that provides mental health services funded by sections 245.461
to 245.486.
Subd. 25. [CLINICAL SUPERVISION.] "Clinical supervision,"
when referring to the responsibilities of a mental health
professional, means the oversight responsibility of a mental
health professional for individual treatment plans, service
delivery, and program activities. Clinical supervision may be
accomplished by full or part-time employment of or contracts
with mental health professionals. Clinical supervision must be
documented by the mental health professional cosigning
individual treatment plans and evidence of input into service
delivery and program development.
Sec. 18. [245.463] [PLANNING FOR A MENTAL HEALTH SYSTEM.]
Subdivision 1. [PLANNING EFFORT.] Starting on the
effective date of sections 245.461 to 245.486 and ending June
30, 1988, the commissioner and the county agencies shall plan
for the development of a unified, accountable, and comprehensive
statewide mental health system. The system must be planned and
developed by stages until it is operating at full capacity.
Subd. 2. [TECHNICAL ASSISTANCE.] The commissioner shall
provide ongoing technical assistance to county boards to develop
local mental health proposals as specified in section 245.479,
to improve system capacity and quality. The commissioner and
county boards shall exchange information as needed about the
numbers of persons with mental illness residing in the county
and extent of existing treatment components locally available to
serve the needs of those persons. County boards shall cooperate
with the commissioner in obtaining necessary planning
information upon request.
Sec. 19. [245.464] [COORDINATION OF MENTAL HEALTH SYSTEM.]
Subdivision 1. [SUPERVISION.] The commissioner shall
supervise the development and coordination of locally available
mental health services by the county boards in a manner
consistent with sections 245.461 to 245.486. The commissioner
shall coordinate locally available services with those services
available from the regional treatment center serving the area.
The commissioner shall review local mental health service
proposals developed by county boards as specified in section 18
and provide technical assistance to county boards in developing
and maintaining locally available mental health services. The
commissioner shall monitor the county board's progress in
developing its full system capacity and quality through ongoing
review of the county board's mental health proposals, quarterly
reports, and other information as required by sections 245.461
to 245.486.
Subd. 2. [PRIORITIES.] By January 1, 1990, the
commissioner shall require that each of the treatment services
and management activities described in sections 245.469 to
245.477 are developed for persons with mental illness within
available resources based on the following ranked priorities:
(1) the provision of locally available emergency services;
(2) the provision of locally available services to all
persons with serious and persistent mental illness and all
persons with acute mental illness;
(3) the provision of specialized services regionally
available to meet the special needs of all persons with serious
and persistent mental illness and all persons with acute mental
illness;
(4) the provision of locally available services to persons
with other mental illness; and
(5) the provision of education and preventive mental health
services targeted at high-risk populations.
Sec. 20. [245.465] [DUTIES OF COUNTY BOARD.]
The county board in each county shall use its share of
mental health and community social service act funds allocated
by the commissioner according to a biennial local mental health
service proposal approved by the commissioner. The county board
must:
(1) develop and coordinate a system of affordable and
locally available mental health services in accordance with
sections 245.466 to 245.474;
(2) provide for case management services to persons with
serious and persistent mental illness in accordance with section
245.475;
(3) provide for screening of persons specified in section
245.476 upon admission to a residential treatment facility or
acute care hospital inpatient, or informal admission to a
regional treatment center; and
(4) prudently administer grants and purchase-of-service
contracts that the county board determines are necessary to
fulfill its responsibilities under sections 245.461 to 245.486.
Sec. 21. [245.466] [LOCAL SERVICE DELIVERY SYSTEM.]
Subdivision 1. [DEVELOPMENT OF SERVICES.] The county board
in each county is responsible for using all available resources
to develop and coordinate a system of locally available and
affordable mental health services. The county board may provide
some or all of the mental health services and activities
specified in subdivision 2 directly through a county agency or
under contracts with other individuals or agencies. A county or
counties may enter into an agreement with a regional treatment
center to enable the county or counties to provide the treatment
services in subdivision 2. Services provided through an
agreement between a county and a regional treatment center must
meet the same requirements as services from other service
providers. County boards shall demonstrate their continuous
progress toward full implementation of sections 245.461 to
245.486 during the period July 1, 1987 to January 1, 1990.
County boards must develop fully each of the treatment services
and management activities prescribed by sections 245.461 to
245.486 by January 1, 1990, according to the priorities
established in section 245.464 and local mental health services
proposal approved by the commissioner under section 245.478.
Subd. 2. [MENTAL HEALTH SERVICES.] The mental health
service system developed by each county board must include the
following treatment services:
(1) education and prevention services in accordance with
section 245.468;
(2) emergency services in accordance with section 245.469;
(3) outpatient services in accordance with section 245.470;
(4) community support program services in accordance with
sections 245.471 and 245.475;
(5) residential treatment services in accordance with
section 245.472;
(6) acute care hospital inpatient treatment services in
accordance with section 245.473;
(7) regional treatment center inpatient services in
accordance with section 245.474; and
(8) screening in accordance with section 245.476.
Subd. 3. [LOCAL CONTRACTS.] Effective January 1, 1988, the
county board shall review all proposed county agreements,
grants, or other contracts related to mental health services for
funding from any local, state, or federal governmental sources.
Contracts with service providers must:
(1) name the commissioner as a third party beneficiary;
(2) identify monitoring and evaluation procedures not in
violation of the Minnesota government data practices act,
chapter 13, which are necessary to ensure effective delivery of
quality services;
(3) include a provision that makes payments conditional on
compliance by the contractor and all subcontractors with
sections 245.461 to 245.486 and all other applicable laws,
rules, and standards; and
(4) require financial controls and auditing procedures.
Subd. 4. [JOINT COUNTY MENTAL HEALTH AGREEMENTS.] In order
to provide efficiently the services required by sections 245.461
to 245.486, counties are encouraged to join with one or more
county boards to establish a multicounty local mental health
authority pursuant to the joint powers act, section 471.59, the
human service board act, sections 402.01 to 402.10, community
mental health center provisions, section 245.62, or enter into
multicounty mental health agreements. Participating county
boards shall establish acceptable ways of apportioning the cost
of the services.
Subd. 5. [LOCAL ADVISORY COUNCIL.] The county board,
individually or in conjunction with other county boards, shall
establish a local mental health advisory council or mental
health subcommittee of an existing advisory council. The
council's members must reflect a broad range of community
interests. They must include at least one consumer, one family
member of a person with mental illness, one mental health
professional, and one community support services program
representative. The local mental health advisory council or
mental health subcommittee of an existing advisory council shall
meet at least quarterly to review, evaluate, and make
recommendations regarding the local mental health system.
Annually, the local advisory council or mental health
subcommittee of an existing advisory council shall arrange for
input from the regional treatment center review board regarding
coordination of care between the regional treatment center and
community-based services. The county board shall consider the
advice of its local mental health advisory council or mental
health subcommittee of an existing advisory council in carrying
out its authorities and responsibilities.
Subd. 6. [OTHER LOCAL AUTHORITY.] The county board may
establish procedures and policies that are not contrary to those
of the commissioner or sections 245.461 to 245.486 regarding
local mental health services and facilities. The county board
shall perform other acts necessary to carry out sections 245.461
to 245.486.
Sec. 22. [245.467] [QUALITY OF SERVICES.]
Subdivision 1. [CRITERIA.] Mental health services required
by this chapter must be:
(1) based, when feasible, on research findings;
(2) based on individual clinical needs, cultural and ethnic
needs, and other special needs of individuals being served;
(3) provided in the most appropriate, least restrictive
setting available to the county board;
(4) accessible to all age groups;
(5) delivered in a manner that provides accountability;
(6) provided by qualified individuals as required in this
chapter;
(7) coordinated with mental health services offered by
other providers; and
(8) provided under conditions which protect the rights and
dignity of the individuals being served.
Subd. 2. [DIAGNOSTIC ASSESSMENT.] All providers of
residential, acute care hospital inpatient and regional
treatment centers must complete a diagnostic assessment for each
of their clients within five days of admission. Providers of
outpatient and day treatment services must complete a diagnostic
assessment within ten days of admission. In cases where a
diagnostic assessment is available and has been completed within
90 days preceding admission, only updating is necessary.
Subd. 3. [INDIVIDUAL TREATMENT PLANS.] All providers of
outpatient, residential treatment, acute care hospital inpatient
treatment, and all regional treatment centers must develop an
individual treatment plan for each of their clients. The
individual treatment plan must be based on a diagnostic
assessment. To the extent possible, the client shall be
involved in all phases of developing and implementing the
individual treatment plan. The individual treatment plan must
be developed within ten days of client intake and reviewed every
90 days thereafter.
Sec. 23. [245.468] [EDUCATION AND PREVENTION SERVICES.]
By July 1, 1988, county boards must provide or contract for
education and prevention services to persons residing in the
county. Education and prevention services must be designed to:
(1) convey information regarding mental illness and
treatment resources to the general public or special high-risk
target groups;
(2) increase understanding and acceptance of problems
associated with mental illness;
(3) improve people's skills in dealing with high-risk
situations known to have an impact on people's mental health
functioning; and
(4) prevent development or deepening of mental illness.
Sec. 24. [245.469] [EMERGENCY SERVICES.]
Subdivision 1. [AVAILABILITY OF EMERGENCY SERVICES.] By
July 1, 1988, county boards must provide or contract for enough
emergency services within the county to meet the needs of
persons in the county who are experiencing an emotional crisis
or mental illness. Clients may be required to pay a fee based
on their ability to pay. Emergency services must include
assessment, intervention, and appropriate case disposition.
Emergency services must:
(1) promote the safety and emotional stability of people
with mental illness or emotional crises;
(2) minimize further deterioration of people with mental
illness or emotional crises;
(3) help people with mental illness or emotional crises to
obtain ongoing care and treatment; and
(4) prevent placement in settings that are more intensive,
costly, or restrictive than necessary and appropriate to meet
client needs.
Subd. 2. [SPECIFIC REQUIREMENTS.] The county board shall
require that all service providers of emergency services provide
immediate direct access to mental health professionals during
regular business hours. For evenings, weekends, and holidays,
the service may be by direct toll free telephone access to a
mental health professional, a mental health practitioner, or a
designated person with training in human services who is under
the supervision of a mental health professional. Whenever
emergency service during nonbusiness hours is provided by anyone
other than a mental health professional, a mental health
professional must be available for consultation within 30
minutes.
Sec. 25. [245.470] [OUTPATIENT SERVICES.]
Subdivision 1. [AVAILABILITY OF OUTPATIENT SERVICES.] (a)
By July 1, 1988, county boards must provide or contract for
enough outpatient services within the county to meet the needs
of persons with mental illness residing in the county. Clients
may be required to pay a fee based on their ability to pay.
Outpatient services include:
(1) conducting diagnostic assessments;
(2) conducting psychological testing;
(3) developing or modifying individual treatment plans;
(4) making referrals and recommending placements as
appropriate;
(5) treating a person's mental health needs through therapy;
(6) prescribing and managing medication; and
(7) preventing placement in settings that are more
intensive, costly, or restrictive than necessary and appropriate
to meet client needs.
(b) County boards may request a waiver allowing outpatient
services to be provided in a nearby trade area if it is
determined that the client can best be served outside the county.
Subd. 2. [SPECIFIC REQUIREMENTS.] The county board shall
require that all service providers of outpatient services:
(1) meet the professional qualifications contained in
sections 245.461 to 245.486;
(2) use a multidisciplinary mental health professional
staff including at a minimum, arrangements for psychiatric
consultation, licensed consulting psychologist consultation, and
other necessary multidisciplinary mental health professionals;
(3) develop individual treatment plans;
(4) provide initial appointments within three weeks, except
in emergencies where there must be immediate access as described
in section 245.469; and
(5) establish fee schedules approved by the county board
that are based on a client's ability to pay.
Sec. 26. [245.471] [COMMUNITY SUPPORT SERVICES PROGRAM.]
Subdivision 1. [AVAILABILITY OF COMMUNITY SUPPORT SERVICES
PROGRAM.] By July 1, 1988, county boards must provide or
contract for sufficient community support services within the
county to meet the needs of persons with serious and persistent
mental illness residing in the county. Clients may be required
to pay a fee. The county board shall require that all service
providers of community support services set fee schedules
approved by the county board which are based on the client's
ability to pay. The community support services program must be
designed to improve the ability of persons with serious and
persistent mental illness to:
(1) work in a regular or supported work environment;
(2) handle basic activities of daily living;
(3) participate in leisure time activities;
(4) set goals and plans;
(5) obtain and maintain appropriate living arrangements;
and
(6) reduce the use of more intensive, costly, or
restrictive placements both in number of admissions and lengths
of stay as determined by client need.
Subd. 2. [CASE MANAGEMENT ACTIVITIES.] (a) By January 1,
1989, case management activities must be developed as part of
the community support program available to all persons with
serious and persistent mental illness residing in the county.
Staffing ratios must be sufficient to serve the needs of the
clients. The case manager must at a minimum qualify as a mental
health practitioner.
(b) All providers of case management activities must
develop an individual community support plan. The individual
community support plan must state for each of their clients:
(1) the goals of each service;
(2) the activities for accomplishing each goal;
(3) a schedule for each activity; and
(4) the frequency of face-to-face client contacts, as
appropriate to client need and the implementation of the
community support plan.
The individual community support plan must incorporate the
individual treatment plan. The individual treatment plan may
not be a substitute for the development of an individual
community support plan. The individual community support plan
must be developed within 30 days of client intake and reviewed
every 90 days after it is developed. The case manager is
responsible for developing the individual community support plan
based on a diagnostic assessment and for implementing and
monitoring the delivery of services according to the individual
community support plan. To the extent possible, the person with
serious and persistent mental illness, the person's family,
advocates, service providers, and significant others must be
involved in all phases of development and implementation of the
individual community support plan.
Subd. 3. [DAY TREATMENT ACTIVITIES PROVIDED.] (a) By July
1, 1989, day treatment activities must be developed as a part of
the community support program available to persons with serious
and persistent mental illness residing in the county. Day
treatment services must be available to persons with serious and
persistent mental illness residing in the county as part of the
community support program of each county. Clients may be
required to pay a fee. Day treatment services must be designed
to:
(1) provide a structured environment for treatment;
(2) provide family and community support;
(3) prevent placement in settings that are more intensive,
costly, or restrictive than necessary and appropriate to meet
client need; and
(4) establish fee schedules approved by the county board
that are based on a client's ability to pay.
(b) County boards may request a waiver from including day
treatment services if they can document that:
(1) an alternative plan of care exists through the county's
community support program for clients who would otherwise need
day treatment services;
(2) that day treatment, if included, would be duplicative
of other components of the community support program; and
(3) that county demographics and geography make the
provision of day treatment services cost ineffective and
unfeasible.
Subd. 4. [BENEFITS ASSISTANCE.] By July 1, 1988, help in
applying for federal benefits, including supplemental security
income, medical assistance, and Medicare, must be offered as a
part of the community support program available to individuals
with serious and persistent mental illness for whom the county
is financially responsible and who may qualify for these
benefits. The county board must offer help in applying for
federal benefits to all persons with serious and persistent
mental illness.
Sec. 27. [245.472] [RESIDENTIAL TREATMENT SERVICES.]
Subdivision 1. [AVAILABILITY OF RESIDENTIAL TREATMENT
SERVICES.] By July 1, 1988, county boards must provide or
contract for enough residential treatment services to meet the
needs of all persons with mental illness residing in the
county. Residential treatment services include both intensive
and structured residential treatment with length of stay based
on client residential treatment need. Services must be as close
to the county as possible. Residential treatment must be
designed to:
(1) prevent placement in settings that are more intensive,
costly, or restrictive than necessary and appropriate to meet
client needs;
(2) help clients achieve the highest level of independent
living;
(3) help clients gain the necessary skills to be referred
to a community support services program or outpatient services;
and
(4) stabilize crisis admissions.
Subd. 2. [SPECIFIC REQUIREMENTS.] Providers of residential
services must be licensed under applicable rules adopted by the
commissioner and must be clinically supervised by a mental
health professional.
Sec. 28. [245.473] [ACUTE CARE HOSPITAL INPATIENT
SERVICES.]
Subdivision 1. [AVAILABILITY OF ACUTE CARE INPATIENT
SERVICES.] By July 1, 1988, county boards must make available
through contract or direct provision enough acute care hospital
inpatient treatment services as close to the county as possible
to meet the needs of persons with mental illness residing in the
county. Acute care hospital inpatient treatment services must
be designed to:
(1) stabilize the medical condition of people with acute or
serious and persistent mental illness;
(2) improve functioning; and
(3) facilitate appropriate referrals, follow-up, and
placements.
Subd. 2. [SPECIFIC REQUIREMENTS.] Providers of acute care
hospital inpatient services must meet applicable standards
established by the commissioners of health and human services.
Sec. 29. [245.474] [REGIONAL TREATMENT CENTER INPATIENT
SERVICES.]
Subdivision 1. [AVAILABILITY OF REGIONAL TREATMENT CENTER
INPATIENT SERVICES.] By July 1, 1987, the commissioner shall
make sufficient regional treatment center inpatient services
available to people with mental illness throughout the state.
Regional treatment centers are responsible to:
(1) stabilize the medical condition of the person with
mental illness;
(2) improve functioning;
(3) strengthen family and community support; and
(4) facilitate appropriate discharge, aftercare, and
follow-up placements in the community.
Subd. 2. [QUALITY OF SERVICE.] The commissioner shall
biennially determine the needs of all mentally ill patients
served by regional treatment centers by administering a
client-based evaluation system. The client-based evaluation
system must include at least the following independent
measurements: behavioral development assessment; habilitation
program assessment; medical needs assessment; maladaptive
behavioral assessment; and vocational behavior assessment. The
commissioner shall propose staff ratios to the legislature for
the mental health and support units in regional treatment
centers as indicated by the results of the client-based
evaluation system. The proposed staffing ratios shall include
professional, nursing, direct care, medical, clerical, and
support staff based on the client-based evaluation system. The
commissioner shall recompute staffing ratios and recommendations
on a biennial basis.
Sec. 30. [245.475] [COUNTY RESPONSIBILITY TO PROVIDE
COMMUNITY SUPPORT SERVICES.]
Subdivision 1. [CLIENT ELIGIBILITY.] The county board
shall provide case management and other appropriate community
support services to all persons with serious and persistent
mental illness. Case management services provided to people
with serious and persistent mental illness eligible for medical
assistance must be billed to the medical assistance program
under section 256B.02, subdivision 8.
Subd. 2. [DESIGNATION OF CASE MANAGER.] The county board
shall designate a case manager within five working days after
receiving an application for community support services or
immediately after authorizing payment for residential, acute
care hospital inpatient, or regional treatment center services
under section 245.476.
The county board shall send a written notice to the
applicant and the applicant's representative, if any, that
identifies the designated case manager.
Subd. 3. [DIAGNOSTIC ASSESSMENT.] The case manager shall
promptly arrange for a diagnostic assessment of the applicant
when one is not available as described in section 245.467,
subdivision 2, to determine the applicant's eligibility as a
person with serious and persistent mental illness for community
support services. The county board shall notify in writing the
applicant and the applicant's representative, if any, if the
applicant is determined ineligible for community support
services.
Subd. 4. [COMMUNITY SUPPORT SERVICES.] Upon a
determination of eligibility for community support services, the
case manager shall develop an individual community support plan
as specified in section 245.471, subdivision 2, paragraph (b),
arrange and authorize payment for appropriate community support
services, review the client's progress, and monitor the
provision of services. If services are to be provided in a host
county that is not the county of financial responsibility, the
case manager shall consult with the host county and obtain a
letter demonstrating the concurrence of the host county
regarding the provision of services.
Sec. 31. [245.476] [SCREENING FOR INPATIENT AND
RESIDENTIAL TREATMENT.]
Subdivision 1. [SCREENING REQUIRED.] By January 1, 1989,
the county board shall screen all persons before they may be
admitted for treatment of mental illness to a residential
treatment facility, an acute care hospital, or informally
admitted to a regional treatment center if public funds are used
to pay for the services. Screening prior to admission must
occur within ten days. If a person is admitted for treatment of
mental illness on an emergency basis to a residential facility
or acute care hospital or held for emergency care by a regional
treatment center under section 253B.05, subdivision 1, screening
must occur within five days of the admission. Persons must be
screened within ten days before or within five days after
admission to ensure that: (1) an admission is necessary, (2)
the length of stay is as short as possible consistent with
individual client need, and (3) a case manager is immediately
assigned to individuals with serious and persistent mental
illness and an individual community support plan is developed.
The screening process and placement decision must be documented.
Subd. 2. [QUALIFICATIONS.] Screening for residential and
inpatient services must be conducted by a mental health
professional. Mental health professionals providing screening
for inpatient and residential services must not be financially
affiliated with any acute care inpatient hospital, residential
treatment facility, or regional treatment center. The
commissioner may waive this requirement in sparsley populated
areas.
Subd. 3. [INDIVIDUAL PLACEMENT AGREEMENT.] The county
board shall enter into an individual placement agreement with a
provider of residential services to a person eligible for
services under this section. The agreement must specify the
payment rate and terms and conditions of county payment for the
placement.
Sec. 32. [245.477] [APPEALS.]
Any person who applies for mental health services under
sections 245.461 to 245.486 must be advised of services
available and the right to appeal at the time of application and
each time the community service plan is reviewed. Any person
whose application for mental health services under sections
245.468 to 245.476 is denied, not acted upon with reasonable
promptness, or whose services are suspended, reduced, or
terminated may contest that action before the state agency as
specified in section 256.045. The commissioner shall monitor
the nature and frequency of administrative appeals under this
section.
Sec. 33. [245.478] [LOCAL MENTAL HEALTH PROPOSAL.]
Subdivision 1. [TIME PERIOD.] The first local mental
health proposal period is from July 1, 1988, to December 31,
1989. The county board shall submit its first proposal to the
commissioner by January 1, 1988. Subsequent proposals must be
on the same two-year cycle as community social service plans
required by section 256E.09. The proposal must be made
available upon request to all residents of the county at the
same time it is submitted to the commissioner.
Subd. 2. [PROPOSAL CONTENT.] The local mental health
proposal must include:
(1) the local mental health advisory council's or mental
health subcommittee of an existing advisory council's report on
unmet needs and any other needs assessment used by the county
board in preparing the local mental health proposal;
(2) a description of the local mental health advisory
council's or the mental health subcommittee of an existing
advisory council's involvement in preparing the local mental
health proposal and methods used by the county board to obtain
participation of citizens, mental health professionals, and
providers in development of the local mental health proposal;
(3) information for the preceding year, including the
actual number of clients who received each of the mental health
services listed in sections 245.468 to 245.476, and actual
expenditures and revenues for each mental health service;
(4) for the first proposal period only, information for the
year during which the proposal is being prepared:
(i) a description of the current mental health system
identifying each mental health service listed in sections
245.468 to 245.476;
(ii) a description of each service provider, including a
listing of the professional qualifications of the staff involved
in service delivery, that is either the sole provider of one of
the treatment services or management activities described in
sections 8 to 16 or that provides over $10,000 of mental health
services per year;
(iii) a description of how the mental health services in
the county are unified and coordinated;
(iv) the estimated number of clients receiving each mental
health service;
(v) estimated expenditures and revenues for each mental
health service; and
(5) the following information describing how the county
board intends to meet the requirements of sections 245.461 to
245.486 during the proposal period:
(i) specific objectives and outcome goals for each mental
health service listed in sections 245.468 to 245.476;
(ii) a description of each service provider, including
county agencies, contractors, and subcontractors, that is
expected to either be the sole provider of one of the treatment
services or management activities described in sections 8 to 16
or to provide over $10,000 of mental health services per year,
including a listing of the professional qualifications of the
staff involved in service delivery;
(iii) a description of how the mental health services in
the county will be unified and coordinated;
(iv) the estimated number of clients who will receive each
mental health service; and
(v) estimated expenditures and revenues for each mental
health service.
Subd. 3. [PROPOSAL FORMAT.] The local mental health
proposal must be made in a format prescribed by the commissioner.
Subd. 4. [PROVIDER APPROVAL.] The commissioner's review of
the local mental health proposal must include a review of the
qualifications of each service provider required to be
identified in the local mental health proposal under subdivision
2. The commissioner may reject a county board's proposal for a
particular provider if:
(1) the provider does not meet the professional
qualifications contained in sections 245.461 to 245.486;
(2) the provider does not possess adequate fiscal stability
or controls to provide the proposed services as determined by
the commissioner; or
(3) the provider is not in compliance with other applicable
state laws or rules.
Subd. 5. [SERVICE APPROVAL.] The commissioner's review of
the local mental health proposal must include a review of the
appropriateness of the amounts and types of mental health
services in the local mental health proposal. The commissioner
may reject the county board's proposal if the commissioner
determines that the amount and types of services proposed are
not cost effective, do not meet client needs, or do not comply
with sections 245.461 to 245.486.
Subd. 6. [PROPOSAL APPROVAL.] The commissioner shall
review each local mental health proposal within 90 days and work
with the county board to make any necessary modifications to
comply with sections 245.461 to 245.486. After the commissioner
has approved the proposal, the county board is eligible to
receive an allocation of mental health and community social
service act funds.
Subd. 7. [PARTIAL OR CONDITIONAL APPROVAL.] If the local
mental health proposal is in substantial, but not in full
compliance with sections 245.461 to 245.486 and necessary
modifications cannot be made before the proposal period begins,
the commissioner may grant partial or conditional approval and
withhold a proportional share of the county board's mental
health and community social service act funds until full
compliance is achieved.
Subd. 8. [AWARD NOTICE.] Upon approval of the county board
proposal, the commissioner shall send a notice of approval for
funding. The notice must specify any conditions of funding and
is binding on the county board. Failure of the county board to
comply with the approved proposal and funding conditions may
result in withholding or repayment of funds as specified in
section 21.
Subd. 9. [PLAN AMENDMENT.] If the county board finds it
necessary to make significant changes in the approved local
proposal, it must present the proposed changes to the
commissioner for approval at least 60 days before the changes
take effect. "Significant changes" means:
(1) the county board proposes to provide a mental health
service through a provider other than the provider listed for
that service in the approved local proposal;
(2) the county board expects the total annual expenditures
for any single mental health service to vary more than ten
percent from the amount in the approved local proposal;
(3) the county board expects a combination of changes in
expenditures per mental health service to exceed more than ten
percent of the total mental health services expenditures; or
(4) the county board proposes a major change in the
specific objectives and outcome goals listed in the approved
local proposal.
Sec. 34. [MAINTENANCE OF EFFORT.] Counties must continue
to spend for mental health services an amount equal to the total
expenditures shown in the county's approved 1987 Community
Social Services Act plan under "State CSSA, Title XX and County
Tax" for services to persons with mental illness plus the total
for Rule 5 facilities under target populations other than mental
illness in the approved 1987 CSSA plan.
Sec. 35. [245.79] [COUNTY OF FINANCIAL RESPONSIBILITY.] For
purposes of section 245.476, the county of financial
responsibility is the same as that for community social services
under section 256E.08, subdivision 7. Disputes between counties
regarding financial responsibility must be resolved by the
commissioner in accordance with section 256D.18, subdivision 4.
Sec. 36. [245.482] [REPORTING AND EVALUATION.]
Subdivision 1. [FISCAL REPORTS.] The commissioner shall
develop a unified format for quarterly fiscal reports that will
include information that the commissioner determines necessary
to carry out sections 245.461 to 245.486 and section 256E.08.
The county board shall submit a completed fiscal report in the
required format no later than 15 days after the end of each
quarter.
Subd. 2. [PROGRAM REPORTS.] The commissioner shall develop
a unified format for a semiannual program report that will
include information that the commissioner determines necessary
to carry out sections 245.461 to 245.486 and section 256E.10.
The county board shall submit a completed program report in the
required format no later than 75 days after each six-month
period.
Subd. 3. [PROVIDER REPORTS.] The commissioner may develop
a format and procedures for direct reporting from providers to
the commissioner to include information that the commissioner
determines necessary to carry out sections 245.461 to 245.486.
In particular, the provider reports must include aggregate
information by county of residence about mental health services
paid for by funding sources other than counties.
Subd. 4. [INACCURATE OR INCOMPLETE REPORTS.] The
commissioner shall promptly notify a county or provider if a
required report is clearly inaccurate or incomplete. The
commissioner may delay all or part of a mental health fund
payment if an appropriately completed report is not received as
required by this section.
Subd. 5. [STATEWIDE EVALUATION.] The commissioner shall
use the county and provider reports required by this section to
complete the statewide report required in section 245.461.
Sec. 37. [245.483] [TERMINATION OR RETURN OF AN
ALLOCATION.]
Subdivision 1. [FUNDS NOT PROPERLY USED.] If the
commissioner determines that a county is not meeting the
requirements of sections 245.461 to 245.486 or that funds are
not being used according to the approved local proposal, all or
part of the mental health and community social service act funds
may be terminated upon 30 days notice to the county board. The
commissioner may require repayment of any funds not used
according to the approved local proposal. If the commissioner
receives a written appeal from the county board within the
30-day period, opportunity for a hearing under the Minnesota
administrative procedure act, chapter 14, must be provided
before the allocation is terminated or is required to be
repaid. The 30-day period begins when the county board receives
the commissioner's notice by certified mail.
Subd. 2. [USE OF RETURNED FUNDS.] The commissioner may
reallocate the funds returned.
Subd. 3. [DELAYED PAYMENTS.] If the commissioner finds
that a county board or its contractors are not in compliance
with the approved local proposal or sections 245.461 to 245.486,
the commissioner may delay payment of all or part of the
quarterly mental health and community social service act funds
until the county board and its contractors meet the
requirements. The commissioner shall not delay a payment longer
than three months without first issuing a notice under
subdivision 2 that all or part of the allocation will be
terminated or required to be repaid. After this notice is
issued, the commissioner may continue to delay the payment until
completion of the hearing in subdivision 2.
Subd. 4. [STATE ASSUMPTION OF RESPONSIBILITY.] If the
commissioner determines that services required by sections
245.461 to 245.486 will not be provided by the county board in
the manner or to the extent required by sections 245.461 to
245.486, the commissioner shall contract directly with providers
to ensure that clients receive appropriate services. In this
case, the commissioner shall use the county's community social
service act and mental health funds to the extent necessary to
carry out the county's responsibilities under sections 245.461
to 245.486. The commissioner shall work with the county board
to allow for a return of authority and responsibility to the
county board as soon as compliance with sections 245.461 to
245.486 can be assured.
Sec. 38. [245.484] [RULES.]
The commissioner shall adopt permanent rules as necessary
to carry out this act.
Sec. 39. [245.485] [NO RIGHT OF ACTION.]
Sections 245.461 to 245.484 do not independently establish
a right of action on behalf of recipients of services or service
providers against a county board or the commissioner. A claim
for monetary damages must be brought under section 3.736 or
3.751.
Sec. 40. [245.486] [LIMITED APPROPRIATIONS.]
Nothing in sections 245.461 to 245.485 shall be construed
to require the commissioner or county boards to fund services
beyond the limits of legislative appropriations.
Sec. 41. Minnesota Statutes 1986, section 245.713,
subdivision 2, is amended to read:
Subd. 2. [TOTAL FUNDS AVAILABLE; REDUCTIONS
ALLOCATION.] The amount of funds available for allocation to
counties for use by qualified community mental health centers
shall be the total amount of Funds granted to the state by the
federal government under United States Code, title 42, sections
300X to 300X-9 each federal fiscal year for mental health
services reduced by the sum of the following must be allocated
as follows:
(a) Any amount set aside by the commissioner of human
services for American Indian tribal organizations within the
state, which funds shall not duplicate any direct federal
funding of American Indian tribal organizations and which funds
shall not exceed 12 be at least 25 percent of the total block
grant federal allocation to the state for mental health
services; provided that sufficient applications for funding are
received by the commissioner which meet the specifications
contained in requests for proposals and,. Money from this
source may be used for special committees to advise the
commissioner on mental health programs and services for American
Indians and other minorities or underserved groups; and,. For
purposes of this subdivision, "American Indian organization"
means an American Indian tribe or band or an organization
providing mental health services that is legally incorporated as
a nonprofit organization registered with the secretary of state
and governed by a board of directors having at least a majority
of American Indian directors.
(b) Any amount calculated into the base of the block grant
that is made available by the commissioner for qualified
community mental health centers that were receiving grants for
operations or other continuing grant obligations defined in
United States Code, title 42, sections 300X to 300X-9
immediately prior to its enactment.
(c) An amount not to exceed ten percent of the total
federal block grant allocation for mental health services to be
retained by the commissioner for administration.
(d) (c) Any amount permitted under federal law which the
commissioner approves for demonstration or research projects for
severely disturbed children and adolescents, the underserved,
special populations or multiply disabled mentally ill persons.
The groups to be served, the extent and nature of services to be
provided, the amount and duration of any grant awards are to be
based on criteria set forth in the Alcohol, Drug Abuse and
Mental Health Block Grant Law, United States Code, title 42,
sections 300X to 300X-9, and on state policies and procedures
determined necessary by the commissioner. Grant recipients must
comply with applicable state and federal requirements and
demonstrate fiscal and program management capabilities that will
result in provision of quality, cost-effective services.
(e) (d) The amount required under federal law, for
federally mandated expenditures.
(e) An amount not to exceed ten percent of the federal
block grant allocation for mental health services to be retained
by the commissioner for planning and evaluation.
Sec. 42. [245.721] [MENTAL ILLNESS INFORMATION MANAGEMENT
SYSTEM.]
By January 1, 1990, the commissioner of human services
shall establish an information management system for collecting
data about individuals who suffer from severe and persistent
mental illness and who receive publicly funded services for
mental illness.
Sec. 43. [245.775] [EQUALIZATION AID.]
Subdivision 1. [TERMS DEFINED.] As used in subdivisions 1
to 6, the terms defined in this section have the meanings given
them.
(a) [RECIPIENT RATE.] "Recipient rate" means the number of
individual income maintenance program recipients per 10,000
people in a county during the calendar year ending immediately
before the fiscal year for which equalization aid is paid.
(b) [PER CAPITA INCOME.] "Per capita income" means the
estimate of income per person in a county most recently
published by the United States Bureau of the Census on October 1
of the fiscal year for which equalization aid is paid.
(c) [PER CAPITA TAXABLE VALUE.] "Per capita taxable value"
means the adjusted assessed value of taxable property within a
county reported by the department of revenue for the calendar
year ending immediately before the fiscal year, divided by the
population of the county. The adjusted assessed value of
taxable property in counties receiving taconite production tax
revenue shall be increased by an amount equal to the taconite
regular production tax revenue divided by the county's mill rate.
(d) [COUNTY INCOME MAINTENANCE EXPENDITURES.] "County
income maintenance expenditures" means the income maintenance
program expenditures, including administrative costs, of a
county for income maintenance programs, minus federal, state,
and other revenue received for income maintenance programs
during the calendar year ending immediately before the fiscal
year for which equalization aid is paid.
(e) [PER CAPITA COUNTY INCOME MAINTENANCE
EXPENDITURES.] "Per capita county income maintenance
expenditures" means county income maintenance expenditures
divided by the population of the county.
(f) [INCOME MAINTENANCE PROGRAMS.] "Income maintenance
programs" include, for equalization aid purposes, aid to
families with dependent children, general assistance, general
assistance medical care, work readiness, and medical assistance.
(g) [POPULATION.] "Population" means the estimate of
population in a county most recently issued by the state
demographer's office on October 1 of the fiscal year for which
equalization aid is paid.
Subd. 2. [COUNTY ELIGIBILITY.] The commissioner of human
services shall establish a county's eligibility for equalization
aid using the following formula:
(a) A statewide standard deviation from the mean shall be
calculated for each of the following factors: recipient rate,
per capita income, per capita taxable value, and per capita
income maintenance expenditures.
(b) A standard score shall be calculated for each factor;
the standard score is the factor minus the state mean for that
factor divided by the statewide standard deviation from the mean
for that factor.
(c) The standard score for per capita income and per capita
taxable value shall be multiplied by negative one.
(d) The county's average score of the standard scores of
the four factors shall be computed.
Every county with an average score equal to one or higher shall
be eligible for equalization aid.
Subd. 3. [AMOUNT OF EQUALIZATION AID.] The commissioner
shall establish a distress indicator for each county eligible
for equalization aid by multiplying the county's average
standard score by its population. Equalization aid shall be
allocated to all eligible counties in proportion to each
eligible county's distress indicator.
Subd. 4. [PHASE-IN.] Notwithstanding the provisions of
subdivisions 2 and 3, the commissioner of human services shall
make minimum equalization aid payments to counties during fiscal
years 1989 and 1990 as follows:
(a) A base amount equal to the average amount of
equalization aid received for fiscal years 1981 to 1987 shall be
calculated for every county.
(b) If the appropriation for equalization aid during fiscal
year 1989 or 1990 is less than the average of all equalization
aid appropriations for fiscal years 1981 to 1987, the base
amount for each county shall be reduced by that proportion for
that fiscal year.
(c) In fiscal year 1989, each county shall receive 100
percent of its base amount within the limit of available
appropriations. In fiscal year 1990, each county shall receive
90 percent of its base amount within the limit of available
appropriations.
Subd. 5. [LIMIT.] No county shall receive equalization aid
for any fiscal year amounting to more than 75 percent of county
income maintenance expenditures.
Subd. 6. [PAYMENT.] The commissioner of human services
shall make preliminary payments for equalization aid for a
fiscal year by December 15th of the fiscal year. The
commissioner shall adjust each county's equalization aid in
accordance with the allocation formula established in
subdivision 3 and make final payments by June 30 of the fiscal
year.
Sec. 44. Minnesota Statutes 1986, section 246.18,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] Except as provided in
subdivision subdivisions 2 and 4, every officer and employee of
the several institutions under the jurisdiction of the
commissioner of human services who has money belonging to an
institution shall pay the money to the accounting officer
thereof. Every accounting officer, at the close of each month
or oftener, shall forward to the commissioner of human services
a statement of the amount and sources of all money received. On
receipt of such statement, the commissioner shall transmit the
same to the commissioner of finance, who shall deliver to the
state treasurer a draft upon the accounting officer for the same
specifying the funds to which it is to be credited. Upon
payment of such draft, the amount shall be so credited.
Sec. 45. Minnesota Statutes 1986, section 246.18, is
amended by adding a subdivision to read:
Subd. 4. [COLLECTIONS DEPOSITED IN MEDICAL ASSISTANCE
ACCOUNT.] Except as provided in subdivision 2, all receipts from
collection efforts for the regional treatment centers and state
nursing homes must be deposited in the medical assistance
account and are appropriated for that purpose. The commissioner
shall ensure that the departmental financial reporting systems
and internal accounting procedures comply with federal standards
for reimbursement for program and administrative expenditures
and fulfill the purpose of this paragraph.
Sec. 46. Minnesota Statutes 1986, section 246.50,
subdivision 3, is amended to read:
Subd. 3. [REGIONAL TREATMENT CENTER.] "State
hospital" "Regional treatment center" means a state facility for
treating persons with mental illness, mental retardation, or
chemical dependency now existing or hereafter established.
Sec. 47. Minnesota Statutes 1986, section 246.50, is
amended by adding a subdivision to read:
Subd. 3a. [STATE NURSING HOME.] "State nursing home" means
Ah-Gwah-Ching and Oak Terrace facilities.
Sec. 48. Minnesota Statutes 1986, section 246.50,
subdivision 4a, is amended to read:
Subd. 4a. [RESIDENT.] "Resident" means any mentally
retarded person receiving care or treatment at a state hospital
regional treatment center, whether the person entered such
hospital voluntarily or under commitment, and any person
residing at or receiving care in a state nursing home.
Sec. 49. Minnesota Statutes 1986, section 246.50,
subdivision 5, is amended to read:
Subd. 5. [COST OF CARE.] "Cost of care" means the
commissioner's determination of the anticipated average per
capita cost of all maintenance, treatment and expense, including
depreciation of buildings and equipment, interest paid on bonds
issued for capital improvements to state hospitals facilities,
and indirect costs related to the operation other than that paid
from the Minnesota state building fund, at all of the
state hospitals facilities during the current year for which
billing is being made. The commissioner shall determine the
anticipated average per capita cost. The commissioner may
establish one all inclusive rate or separate rates for each
patient or resident disability group, and may establish separate
charges for each hospital facility. "Cost of care" for
outpatient or day-care patients or residents shall be on a cost
for service basis under a schedule the commissioner shall
establish.
For purposes of this subdivision "resident patient" means a
person who occupies a bed while housed in a hospital state
facility for observation, care, diagnosis, or treatment.
For purposes of this subdivision "outpatient" or "day-care"
patient or resident means a person who makes use of diagnostic,
therapeutic, counseling, or other service in a state hospital
facility or through state hospital personnel but does not occupy
a hospital bed overnight.
For the purposes of collecting from the federal government
for the care of those patients eligible for medical care under
the Social Security Act "cost of care" shall be determined as
set forth in the rules and regulations of the Department of
Health and Human Services or its successor agency.
Sec. 50. Minnesota Statutes 1986, section 246.50,
subdivision 7, is amended to read:
Subd. 7. [PATIENT'S OR RESIDENT'S COUNTY.] "Patient's or
resident's county" means the county of the patient's or
resident's legal settlement for poor relief purposes at the time
of commitment or voluntary admission to a state hospital
facility, or if the patient or resident has no such legal
settlement in this state, it means the county of commitment,
except that where a patient or resident with no such legal
settlement is committed while serving a sentence at a penal
institution, it means the county from which the patient or
resident was sentenced.
Sec. 51. Minnesota Statutes 1986, section 246.51, is
amended to read:
246.51 [PAYMENT FOR CARE AND TREATMENT; DETERMINATION.]
Subdivision 1. [PROCEDURES.] The commissioner shall make
investigation as necessary to determine, and as circumstances
require redetermine, what part of the cost of care, if any, the
patient or resident is able to pay. If the patient or resident
is unable to pay the full cost of care the commissioner shall
make a determination as to the ability of the relatives to pay.
The patient or, resident, and relatives or both shall provide
the commissioner documents and proofs necessary to determine
their ability to pay. Failure to provide the commissioner with
sufficient information to determine ability to pay may make the
patient, resident, or relatives, both, liable for the full cost
of care until the time when sufficient information is provided.
No parent shall be liable for the cost of care given a patient
at a regional treatment center after the patient has reached the
age of 18 years. The commissioner's determination shall be
conclusive in any action to enforce payment of the cost of care
unless appealed from as provided in section 246.55. All money
received, except for chemical dependency receipts, shall be paid
to the state treasurer and placed in the general fund of the
state and a separate account kept of it. Responsibility under
this section shall not apply to those relatives having gross
earnings of less than $11,000 per year.
Subd. 2. [RULES.] The commissioner shall adopt, pursuant
to the administrative procedure act, rules establishing uniform
standards for determination of patient liability and relative,
guardian or conservator responsibility for care provided at
state hospitals facilities. These rules shall have the force
and effect of law.
Sec. 52. Minnesota Statutes 1986, section 246.511, is
amended to read:
246.511 [RELATIVE RESPONSIBILITY.]
In no case, shall a patient's or resident's relatives,
pursuant to the commissioner's authority under section 246.51,
be ordered to pay more than ten percent of the cost of care,
unless they reside outside the state. Parents of children in
state hospitals facilities shall have their responsibility to
pay determined according to section 252.27, subdivision 2. The
commissioner may accept voluntary payments in excess of ten
percent. The commissioner may require full payment of the full
per capita cost of care in state hospitals facilities for
patients or residents whose parent, parents, spouse, guardian,
or conservator do not reside in Minnesota.
Sec. 53. [246.531] [SUBROGATION OF INSURANCE SETTLEMENTS.]
Subdivision 1. [SUBROGATION TO PATIENT'S RIGHTS.] The
department of human services shall be subrogated, to the extent
of the cost of care for services given, to the rights a patient
or resident who receives treatment or care at a state facility
may have under private health care coverage. The right of
subrogation does not attach to benefits paid or provided under
private health care coverage before the carrier issuing the
health care coverage receives written notice of the exercise of
subrogation rights.
Subd. 2. [CIVIL ACTION.] To recover under this section,
the department of human services, with counsel of the attorney
general, may institute or join in a civil action against the
carrier issuing the private health care coverage.
Sec. 54. Minnesota Statutes 1986, section 246.57, is
amended by adding a subdivision to read:
Subd. 5. [LAUNDRY EQUIPMENT.] The commissioner of human
services may provide for the replacement of laundry equipment by
including a charge for depreciation as part of the service costs
charged by a regional treatment center operating a laundry
service. Receipts for laundry services attributable to
depreciation of laundry equipment must be deposited in a laundry
equipment depreciation account within the general fund. All
money deposited in the account is appropriated to the
commissioner of human services for the replacement of laundry
equipment. Any balance remaining in the account at the end of a
fiscal year does not cancel and is available until expended.
Sec. 55. Minnesota Statutes 1986, section 251.011,
subdivision 6, is amended to read:
Subd. 6. [RULES.] The commissioner of human services may
promulgate rules for the operation of, and for the admission of
residents in, and to establish charges for care in the state
nursing homes at Ah-Gwah-Ching and Oak Terrace. Charges for
care in the state nursing homes shall be established under
sections 246.50 to 246.55. For the purposes of collecting from
the federal government for the care of those residents in the
state nursing homes eligible for medical care under the Social
Security Act, "cost of care" shall be determined as set forth in
the rules and regulations of the department of health and human
services or its successor agency.
Sec. 56. Minnesota Statutes 1986, section 252.275,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM.] The commissioner of human
services shall establish a statewide program to assist counties
in reducing the utilization of intermediate care services in
state hospitals and in community residential facilities,
including nursing homes, for persons with mental retardation or
related conditions. The commissioner shall make grants to
county boards to establish, operate, or contract for the
provision of semi-independent living services licensed by the
commissioner pursuant to sections 245.781 to 245.812 and 252.28.
Sec. 57. Minnesota Statutes 1986, section 252.275,
subdivision 2, is amended to read:
Subd. 2. [APPLICATION; CRITERIA.] To apply for a grant, a
county board shall submit an application and budget for use of
grant money in the form specified by the commissioner. The
commissioner shall make grants only to counties whose
applications and budgets or portions thereof are approved by the
commissioner.
Sec. 58. Minnesota Statutes 1986, section 252.275,
subdivision 4, is amended to read:
Subd. 4. [FORMULA.] From the appropriations made available
for this program, the commissioner shall allocate grants under
this section to finance up to 95 percent, but not less than 80
percent, of each county's cost approved budget for
semi-independent living services for mentally retarded persons
with mental retardation or related conditions. The commissioner
shall not approve budgeted costs for services for any person
which exceed the state share of the average medical assistance
costs for services provided by intermediate care facilities for
a person with mental retardation or a related condition for the
same fiscal year. Nothing in this subdivision prevents a county
from using other funds to pay for additional costs of
semi-independent living services.
As of July 1, 1987, the commissioner shall allocate funds
and reimburse county costs for persons approved for funding.
The commissioner shall proportionally allocate funds to counties
based on the approved budgeted costs for persons approved for
funding. The commissioner shall adjust county grants based on
actual approved expenditures and shall reallocate funds to the
extent necessary. The commissioner may set aside up to two
percent of the appropriations to fund county demonstration
projects that improve the efficiency and effectiveness of
semi-independent living services.
Sec. 59. Minnesota Statutes 1986, section 252.275,
subdivision 7, is amended to read:
Subd. 7. [REPORTS.] The commissioner shall require
collection of data and periodic reports necessary to demonstrate
the effectiveness of semi-independent living services in helping
persons with mental retardation or related conditions achieve
self-sufficiency and independence. The commissioner shall
report to the legislature no later than January 15, 1984, on the
effectiveness of the program, its effect on reducing the number
of persons with mental retardation or related conditions in
state hospitals and in intermediate care facilities, and the
commissioner's recommendations regarding making this program an
integral part of the social services programs administered by
the counties.
Sec. 60. Minnesota Statutes 1986, section 256.01,
subdivision 4, is amended to read:
Subd. 4. [DUTIES AS STATE AGENCY.] The state agency shall:
(1) supervise the administration of assistance to dependent
children under Laws 1937, chapter 438, by the county agencies in
an integrated program with other service for dependent children
maintained under the direction of the state agency;
(2) may subpoena witnesses and administer oaths, make
rules, and take such action as may be necessary, or desirable
for carrying out the provisions of Laws 1937, chapter 438. All
rules made by the state agency shall be binding on the counties
and shall be complied with by the respective county agencies;
(3) establish adequate standards for personnel employed by
the counties and the state agency in the administration of Laws
1937, chapter 438, and make the necessary rules to maintain such
standards;
(4) prescribe the form of and print and supply to the
county agencies blanks for applications, reports, affidavits,
and such other forms as it may deem necessary and advisable;
(5) cooperate with the federal government and its public
welfare agencies in any reasonable manner as may be necessary to
qualify for federal aid for aid to dependent children and in
conformity with the provisions of Laws 1937, chapter 438,
including the making of such reports and such forms and
containing such information as the Federal Social Security Board
may from time to time require, and comply with such provisions
as such board may from time to time find necessary to assure the
correctness and verification of such reports; and
(6) may cooperate with other state agencies in establishing
reciprocal agreements in instances where a child receiving aid
to dependent children moves or contemplates moving into or out
of the state, in order that such child may continue to receive
supervised aid from the state moved from until the child shall
have resided for one year in the state moved to; and
(7) on or before October 1 in each even-numbered year make
a biennial report to the governor concerning the activities of
the agency;
(8) prepare a plan and submit it to the full productivity
and opportunity coordinator in each even-numbered year,
according to standards established by the coordinator, for use
in developing a biennial statewide employment and training plan
design, develop, and administer an intake, referral, and
inventory system that provides localized, single-point intake
with a direct access to a statewide data base to match client
needs with employment opportunities and public and private
services. The system must include information on all available
public and private programs for employment and training services
and income maintenance and support services as defined in
section 268.0111. The state agency shall cooperate with the
department of jobs and training, counties and other local
service units, service providers, and clients in the development
and operation of the system. The system is not subject to
sections 16B.40 to 16B.45; and
(9) enter into agreements with other departments of the
state as necessary to meet all requirements of the federal
government.
Sec. 61. Minnesota Statutes 1986, section 256.045,
subdivision 3, is amended to read:
Subd. 3. [STATE AGENCY HEARINGS.] In counties in which the
commissioner of human services has not appointed a local welfare
referee, (a) Any person applying for, receiving or having
received any of the forms of public assistance described in
subdivision 2 public assistance or a program of social services
granted by a local agency under sections 256.72 to 256.879,
chapters 256B, 256D, 256E, 261, or the federal Food Stamp Act
whose application for assistance is denied, not acted upon with
reasonable promptness, or whose assistance is suspended,
reduced, terminated, or claimed to have been incorrectly paid,
or any patient or relative aggrieved by an order of the
commissioner under section 252.27, or a party aggrieved by a
ruling of a prepaid health plan, may contest that action or
decision before the state agency by submitting a written request
for a hearing to the state agency within 30 days after receiving
written notice of the action or decision, or within 90 days of
such written notice if the applicant, recipient, patient or
relative shows good cause why the request was not submitted
within the 30 day time limit.
(b) All prepaid health plans under contract to the
commissioner pursuant to chapter 256B or 256D must provide for a
complaint system according to section 62D.11. The prepaid
health plan must notify the ombudsman within three working days
of any formal complaint made under section 62D.11 by persons
enrolled in a prepaid health plan under chapter 256B or 256D.
At the time a complaint is made, the prepaid health plan must
notify the recipient of the name and telephone number of the
ombudsman. Recipients may request the assistance of the
ombudsman in the complaint system process. The prepaid health
plan shall issue a written resolution within 30 days of filing
with the prepaid health plan. The ombudsman may waive the
requirement that the complaint system procedures be exhausted
prior to an appeal if the ombudsman determines that the
complaint must be resolved expeditiously in order to provide
care in an urgent situation.
(c) A local agency or party aggrieved by a ruling of a
local welfare referee may appeal the ruling to the state agency
by filing a notice of appeal with the state agency within 30
days after receiving the ruling of the local welfare referee. A
state welfare human services referee shall conduct a hearing on
the matter and shall recommend an order to the commissioner of
human services. In appeals from rulings of local welfare
referees, the hearing may be limited, upon stipulation of the
parties, to a review of the record of the local welfare
referee. The commissioner need not grant a hearing if the sole
issue raised by an appellant is the commissioner's authority to
require mandatory enrollment in a prepaid health plan in a
county where prepaid health plans are under contract with the
commissioner.
(d) In a notice of appeal from a ruling of a prepaid health
plan, a recipient may request an expedited hearing. The
ombudsman, after discussing with the recipient his or her
condition and in consultation with a health practitioner who
practices in the specialty area of the recipient's primary
diagnosis, shall investigate and determine whether an expedited
appeal is warranted. In making the determination, the ombudsman
shall evaluate whether the medical condition of the recipient,
if not expeditiously diagnosed and treated, could cause physical
or mental disability, substantial deterioration of physical or
mental health, continuation of severe pain, or death. The
ombudsman may order a second medical opinion from the prepaid
health plan or order a second medical opinion from a nonprepaid
health plan provider at prepaid health plan expense. If the
ombudsman determines that an expedited appeal is warranted, the
state welfare referee shall hear the appeal and render a
decision within a time commensurate with the level of urgency
involved, based on the individual circumstances of the case. In
urgent or emergency situations in which a prepaid health plan
provider has prescribed treatment, and the prepaid health plan
has denied authorization for that treatment, the referee may
order the health plan to authorize treatment pending the outcome
of the appeal.
Sec. 62. Minnesota Statutes 1986, section 256.737,
subdivision 1, is amended to read:
Subdivision 1. [PILOT PROGRAMS.] 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 under this subdivision. 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, 1985. 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 end As the commissioner phases in case management
and other employment and training services under section
256.736, and no later than June 30, 1987 1989, and a report
the commissioner may phase out projects under this section.
shall be made to the legislature by February 15, 1987, on the
feasibility of permanent implementation and on the cost
effectiveness of each of the demonstration programs.
Sec. 63. [256.936] [CHILDREN'S HEALTH PLAN.]
Subdivision 1. [DEFINITIONS.] For purposes of this section
the following terms shall have the meanings given them:
(a) "Eligible persons" means pregnant women and children
under six years old who have gross family incomes that are equal
to or less than 185 percent of the federal poverty guidelines
and who are not eligible for medical assistance under chapter
256B or general assistance medical care under chapter 256D and
who are not otherwise insured for the covered services.
Eligibility for pregnant women shall continue for 60 days
post-partum to allow for follow-up visits.
(b) "Covered services" means prenatal care services and
children's health services.
(c) "Prenatal care services" means the outpatient services
provided to pregnant women which are medically necessary for the
pregnancy. Physician or certified nurse-midwife services for
delivery are included but inpatient hospital services are not
included.
(d) "Children's health services" means the health services
reimbursed under chapter 256B, with the exception of inpatient
hospital services, nursing home or intermediate care facilities
services, and mental health and chemical dependency services.
(e) "Eligible providers" means those health care providers
who provide prenatal care services and children's health
services to medical assistance clients under rules established
by the commissioner for that program. Reimbursement under this
section shall be at the same rates and conditions established
for medical assistance. A provider of prenatal care services
shall assess whether the pregnant woman is at risk of delivering
a low birth weight baby or has a health condition which may
increase the probability of a problem birth.
(f) "Commissioner" means the commissioner of human services.
Subd. 2. [FUND ADMINISTRATION.] The children's health plan
is established to promote access to appropriate health care for
pregnant women and to assure healthy babies and healthy
children. The commissioner shall establish an office for the
state administration of this plan. The plan shall be used to
provide prenatal care and children's health services for
eligible persons. Payment for these services shall be made to
all eligible providers. The commissioner shall establish
marketing efforts to encourage potentially eligible persons to
receive information about the program. A toll-free telephone
number must be used to provide information about the plan and to
promote access to the covered services. The commissioner must
make a quarterly assessment of the expected expenditures for the
covered services and the appropriation. Based on this
assessment the commissioner may limit enrollments and target
former aid to families with dependent children recipients. If
sufficient money is not available to cover all costs incurred in
one quarter, the commissioner may seek an additional
authorization for funding from the legislative advisory
committee.
Subd. 3. [APPLICATION PROCEDURES.] Applications and other
information must be available in provider offices, local human
services agencies, community health offices, and Women, Infants
and Children (WIC) program sites. These sites may accept
applications, collect the enrollment fee, and forward the forms
and fees to the commissioner. Otherwise, applicants may apply
directly to the commissioner. The commissioner may use
individuals' social security numbers as identifiers for purposes
of administering the plan and conduct data matches to verify
income. Applicants shall submit evidence of family income,
earned and unearned, that will be used to verify income
eligibility. Notwithstanding any other law to the contrary,
benefits under this section are secondary to any plan of
insurance or benefit program under which an eligible person may
have coverage. The commissioner shall identify eligible persons
who may have coverage or benefits under other plans of insurance
or who become eligible for medical assistance.
Subd. 4. [ENROLLMENT FEE.] An enrollment fee of $35 is
required from eligible persons for prenatal care services and an
annual enrollment fee of $25 is required from eligible persons
for children's health services. The fees may be paid together
at the time of enrollment or as two payment installments. The
commissioner shall make an annual redetermination of continued
eligibility and identify people who may become eligible for
medical assistance.
Sec. 64. Minnesota Statutes 1986, 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 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. Effective August 1, 1985, The
computation of the base year cost per admission and the
computation of the relative values of the diagnostic categories
must include identified outlier cases and their weighted costs
up to the point that they become outlier cases, but must exclude
costs and days beyond that point. Claims paid for care provided
on or after August 1, 1985, shall be adjusted to reflect a
recomputation of rates, unless disapproved by the federal Health
Care Financing Administration. The state shall pay the state
share of the adjustment for care provided on or after August 1,
1985, up to and including June 30, 1987, whether or not the
adjustment is approved by the federal Health Care Financing
Administration. The commissioner may reconstitute the
diagnostic categories to reflect actual hospital practices, the
specific character of specialty hospitals, or to reduce
variances within the diagnostic categories after notice in the
State Register and a 30-day comment period. After May 1, 1986,
acute care hospital billings under the medical assistance and
general assistance medical care programs must not be submitted
until the recipient is discharged. However, the commissioner
shall establish monthly interim payments with inpatient
hospitals that have individual patient lengths of stay in excess
of 30 days regardless of diagnosis-related group. For purposes
of establishing interim rates, the commissioner is exempt from
the requirements of chapter 14. 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. Effective July 1, 1988, the commissioner shall limit
the annual increase in pass-through cost payments for
depreciation, rents and leases, and interest expense to the
annual growth in the consumer price index for all urban
consumers (CPI-U). When computing budgeted pass-through cost
payments, the commissioner shall use the annual increase in the
CPI-U forecasted by Data Resources, Inc. consistent with the
quarter of the hospital's fiscal year end. In final settlement
of pass-through cost payments, the commissioner shall use the
CPI-U for the month in which the hospital's fiscal year ends
compared to the same month one year earlier.
Sec. 65. Minnesota Statutes 1986, section 256.969,
subdivision 3, is amended to read:
Subd. 3. [SPECIAL CONSIDERATIONS.] (a) In determining the
rate the commissioner of human services will take into
consideration whether the following circumstances exist:
(a) (1) minimal medical assistance and general assistance
medical care utilization;
(b) (2) unusual length of stay experience; and
(c) (3) disproportionate numbers of low income patients
served.
(b) To the extent of available appropriations, the
commissioner shall provide supplemental grants directly to a
hospital described in section 87, paragraph (a), that receives
medical assistance payments through a county-managed health plan
that serves only residents of the county. The payments must be
designed to compensate for actuarially demonstrated higher
health care costs within the county, for the population served
by the plan, that are not reflected in the plan's rates under
section 87, subdivision 4.
Sec. 66. [256.974] [OFFICE OF OMBUDSMAN FOR OLDER
MINNESOTANS; LOCAL PROGRAMS.]
The ombudsman for older Minnesotans serves in the
classified service under section 256.01, subdivision 7, in an
office within the Minnesota board on aging that incorporates the
long-term care ombudsman program required by the Older Americans
Act, Public Law 98-456, United States Code, title 42, section
3027(a)(12), and established within the Minnesota board on
aging. The Minnesota board on aging may make grants to local
programs or area agencies on aging for the provision of
ombudsman services to clients in county or multicounty areas.
Individuals providing local ombudsman services must be qualified
to perform the duties required by section 256.9742.
Sec. 67. [256.9741] [DEFINITIONS.]
Subdivision 1. "Long-term care facility" means a nursing
home licensed under sections 144A.02 to 144A.10 or boarding care
home licensed under sections 144.50 to 144.56.
Subd. 2. "Acute care facility" means a facility licensed
as a hospital under sections 144.50 to 144.56.
Subd. 3. "Client" means an individual who requests, or on
whose behalf a request is made for, ombudsman services and is (a)
a resident of a long-term care facility or (b) a patient in an
acute care facility who is eligible for Medicare and requests
assistance relating to admission or discharge from an acute care
facility.
Subd. 4. "Area agency on aging" means an agency
responsible for coordinating a comprehensive aging services
system within a planning and service area that has been
designated an area agency on aging by the Minnesota board on
aging.
Subd. 5. "Office" means the office of ombudsman
established within the Minnesota board on aging or local
ombudsman programs.
Sec. 68. [256.9742] [DUTIES AND POWERS OF THE OFFICE.]
Subdivision 1. [DUTIES.] The ombudsman shall:
(1) gather information and evaluate any act, practice,
policy, procedure, or administrative action of a long-term care
facility, acute care facility, or government agency that may
adversely affect the health, safety, welfare, or rights of any
client;
(2) mediate or advocate on behalf of clients;
(3) monitor the development and implementation of federal,
state, or local laws, regulations, and policies affecting the
rights and benefits of clients;
(4) comment on and recommend to the legislature and public
and private agencies regarding laws, regulations, and policies
affecting clients;
(5) inform public agencies about the problems of clients;
(6) provide for training of volunteers and promote the
development of citizen participation in the work of the office;
(7) conduct public forums to obtain information about and
publicize issues affecting clients;
(8) provide public education regarding the health, safety,
welfare, and rights of clients; and
(9) collect and analyze data relating to complaints and
conditions in long-term care facilities.
Subd. 2. [IMMUNITY FROM LIABILITY.] A person designated as
an ombudsman under this section is immune from civil liability
that otherwise might result from the person's actions or
omissions if the person's actions are in good faith, are within
the scope of the person's responsibilities as an ombudsman, and
do not constitute willful or reckless misconduct.
Subd. 3. [POSTING.] Every long-term care facility and
acute care facility shall post in a conspicuous place the
address and telephone number of the office. The posting is
subject to approval by the ombudsman.
Subd. 4. [ACCESS TO LONG-TERM CARE AND ACUTE CARE
FACILITIES AND CLIENTS.] The ombudsman may:
(1) enter any long-term care facility without notice at any
time;
(2) enter any acute care facility without notice during
normal business hours;
(3) communicate privately and without restriction with any
client in accordance with section 144.651; and
(4) inspect records of a long-term care facility or acute
care facility that pertain to the care of the client according
to sections 144.335 and 144.651.
Subd. 5. [ACCESS TO STATE RECORDS.] The ombudsman has
access to data of a state agency necessary for the discharge of
the ombudsman's duties, including records classified
confidential or private under chapter 13, or any other law. The
data requested must be related to a specific case and is subject
to section 13.03, subdivision 4. If the data concerns an
individual, the ombudsman shall first obtain the individual's
consent.
Each state agency responsible for licensing, regulating,
and enforcing state and federal laws and regulations concerning
long-term care and acute care facilities shall forward to the
ombudsman on a quarterly basis, copies of all correction orders,
penalty assessments, and complaint investigation reports, for
all long-term care facilities and acute care facilities.
Sec. 69. [256.9743] [REPORTING.]
By February 1, 1989, the board on aging shall recommend
methods for expanding and funding local ombudsman programs to
serve clients receiving in-home services or care in acute care
facilities.
Sec. 70. [256.9744] [OFFICE DATA.]
Subdivision 1. [CLASSIFICATION.] Except as provided in
this section, data maintained by the office under sections
256.974 to 256.9744 are private data on individuals or nonpublic
data as defined in section 13.02, subdivision 9 or 12, and must
be maintained in accordance with the requirements of Public Law
98-459, United States Code, title 42, section 3027(a)(12)(D).
Subd. 2. [RELEASE.] Data maintained by the office that
does not relate to the identity of a complainant or a resident
of a long-term facility may be released at the discretion of the
ombudsman responsible for maintaining the data. Data relating
to the identity of a complainant or a resident of a long-term
facility may be released only with the consent of the
complainant or resident or by court order.
Sec. 71. [256.9745] [IN-HOME SERVICES ADVISORY TASK
FORCE.]
The Minnesota board on aging shall appoint an advisory task
force to make recommendations for expanding ombudsman services
to recipients of in-home services. The task force shall include
clients or representatives of clients, providers of in-home
services, representatives of the Minnesota department of health,
department of human services, counties, area agencies on aging,
and members of the public at large. Compensation, terms, and
removal of members shall be as provided in section 15.059. The
Minnesota board on aging shall issue a report of the
recommendations of the task force by February 1, 1989.
Sec. 72. Minnesota Statutes 1986, section 256.98, is
amended to read:
256.98 [WRONGFULLY OBTAINING ASSISTANCE; THEFT.]
Subdivision 1. [WRONGFULLY OBTAINING ASSISTANCE.] A person
who obtains, or attempts to obtain, or aids or abets any person
to obtain by means of a willfully false statement or
representation, by intentional concealment of a material fact,
or by impersonation or other fraudulent device, assistance to
which the person is not entitled or assistance greater than that
to which the person is entitled, or who knowingly aids or abets
in buying or in any way disposing of the property of a recipient
or applicant of assistance without the consent of the local
agency with intent to defeat the purposes of sections 256.12,
256.72 to 256.872 256.871, and chapter 256B, or all of these
sections is guilty of theft and shall be sentenced pursuant to
section 609.52, subdivision 3, clauses (1), (2) and (5).
Subd. 2. [JOINT TRIALS.] When two or more defendants are
jointly charged with the same offense under subdivision 1, or
are jointly charged with different offenses under subdivision 1
arising from the same course of conduct, they shall be tried
jointly; however, if it appears to the court that a defendant or
the state is substantially prejudiced by the joinder for trial,
the court may order an election or separate trial of counts,
grant a severance of defendants, or provide other relief.
Subd. 3. [AMOUNT OF ASSISTANCE INCORRECTLY PAID.] The
amount of the assistance incorrectly paid shall be under this
section is the difference between the amount of assistance
actually received on the basis of misrepresented or concealed
facts and the amount to which the recipient would have been
entitled under state and federal law had the welfare agency been
informed of all material facts specific concealment or
misrepresentation not occurred. Unless required by law, rule,
or regulation, earned income disregards shall not be applied to
earnings not reported by the recipient.
Subd. 4. [RECOVERY OF ASSISTANCE.] The amount of any
assistance determined to have been incorrectly paid shall be is
recoverable from the recipient or the recipient's estate by the
county or the state as a debt due the county or the state or
both in proportion to the contribution of each. Any amounts
recovered shall be paid to the appropriate units of government
in the same manner as provided in section 256.863.
Subd. 5. [CRIMINAL OR CIVIL ACTION.] To prosecute or to
recover assistance wrongfully obtained under this section, the
attorney general or the appropriate county attorney, acting
independently or at the direction of the attorney general, may
institute a criminal or civil action or both.
Subd. 6. [RULE SUPERSEDED.] Rule 17.03, subdivision 2, of
the Minnesota Rules of Criminal Procedures that relates to joint
trials is superseded by this section to the extent that it
conflicts with this section.
Subd. 7. [DIVISION OF RECOVERED AMOUNTS.] If the state is
responsible for the recovery, the amounts recovered shall be
paid to the appropriate units of government as provided under
section 256.863. If the recovery is directly attributable to a
county, the county may retain one-half of the nonfederal share
of any recovery from a recipient or the recipient's estate.
This subdivision does not apply to recoveries from medical
providers or to recoveries involving the department of human
services, surveillance and utilization review division, state
hospital collections unit, and the benefit recoveries division.
Sec. 73. Minnesota Statutes 1986, section 256B.02,
subdivision 8, is amended to read:
Subd. 8. [MEDICAL ASSISTANCE; MEDICAL CARE.] "Medical
assistance" or "medical care" means payment of part or all of
the cost of the following care and services for eligible
individuals whose income and resources are insufficient to meet
all of this cost:
(1) Inpatient hospital services. A second medical opinion
is required prior to reimbursement for elective
surgeries requiring a second opinion. The commissioner shall
publish in the State Register a proposed list of elective
surgeries that require a second medical opinion prior to
reimbursement, and the criteria and standards for deciding
whether an elective surgery should require a second medical
opinion. The list is and the criteria and standards are not
subject to the requirements of sections 14.01 to 14.70 14.69.
The commissioner's decision whether a second medical opinion is
required, made in accordance with rules governing that decision,
is not subject to administrative appeal;
(2) Skilled nursing home services and services of
intermediate care facilities, including training and
habilitation services, as defined in section 256B.50,
subdivision 1, for persons with mental retardation or related
conditions who are residing in intermediate care facilities for
persons with mental retardation or related conditions. Medical
assistance must not be used to pay the costs of nursing care
provided to a patient in a swing bed as defined in section
144.562;
(3) Physicians' services;
(4) Outpatient hospital or nonprofit community health
clinic services or physician-directed clinic services. The
physician-directed clinic staff shall include at least two
physicians, one of whom is on the premises whenever the clinic
is open, and all services shall be provided under the direct
supervision of the physician who is on the premises. Hospital
outpatient departments are subject to the same limitations and
reimbursements as other enrolled vendors for all services,
except initial triage, emergency services, and services not
provided or immediately available in clinics, physicians'
offices, or by other enrolled providers. A second medical
opinion is required before reimbursement for elective surgeries
requiring a second opinion. The commissioner shall publish in
the State Register a list of elective surgeries that require a
second medical opinion before reimbursement and the criteria and
standards for deciding whether an elective surgery should
require a second surgical opinion. The list and the criteria
and standards are not subject to the requirements of sections
14.01 to 14.69. The commissioner's decision whether a second
medical opinion is required, made in accordance with rules
governing that decision, is not subject to administrative
appeal. "Emergency services" means those medical services means
those medical services required for the immediate diagnosis and
treatment of medical conditions that, if not immediately
diagnosed and treated, could lead to serious physical or mental
disability or death or are necessary to alleviate severe pain.
Neither the hospital, its employees, nor any physician or
dentist, shall be liable in any action arising out of a
determination not to render emergency services or care if
reasonable care is exercised in determining the condition of the
person, or in determining the appropriateness of the facilities,
or the qualifications and availability of personnel to render
these services consistent with this section;
(5) Community mental health center services, as defined in
rules adopted by the commissioner pursuant to section 256B.04,
subdivision 2, and provided by a community mental health center
as defined in section 245.62, subdivision 2;
(6) Home health care services;
(7) Private duty nursing services;
(8) Physical therapy and related services;
(9) Dental services, excluding cast metal restorations;
(10) Laboratory and X-ray services;
(11) The following if prescribed by a licensed practitioner:
drugs, eyeglasses, dentures, and prosthetic devices. The
commissioner shall designate a formulary committee which shall
advise the commissioner on the names of drugs for which payment
shall be made, recommend a system for reimbursing providers on a
set fee or charge basis rather than the present system, and
develop methods encouraging use of generic drugs when they are
less expensive and equally effective as trademark drugs. The
commissioner shall appoint the formulary committee members no
later than 30 days following July 1, 1981. The formulary
committee shall consist of nine members, four of whom shall be
physicians who are not employed by the department of human
services, and a majority of whose practice is for persons paying
privately or through health insurance, three of whom shall be
pharmacists who are not employed by the department of human
services, and a majority of whose practice is for persons paying
privately or through health insurance, a consumer
representative, and a nursing home representative. Committee
members shall serve two-year terms and shall serve without
compensation. The commissioner may establish a drug formulary.
Its establishment and publication shall not be subject to the
requirements of the administrative procedure act, but the
formulary committee shall review and comment on the formulary
contents. Prior authorization may be required by the
commissioner, with the consent of the drug formulary committee,
before certain formulary drugs are eligible for payment. The
formulary shall not include: drugs or products for which there
is no federal funding; over-the-counter drugs, except for
antacids, acetaminophen, family planning products, aspirin,
insulin, prenatal vitamins, and vitamins for children under the
age of seven; or any other over-the-counter drug identified by
the commissioner, in consultation with the appropriate
professional consultants under contract with or employed by the
state agency, as necessary, appropriate and cost effective for
the treatment of certain specified chronic diseases, conditions
or disorders, and this determination shall not be subject to the
requirements of chapter 14, the administrative procedure act;
nutritional products, except for those products needed for
treatment of phenylketonuria, hyperlysinemia, maple syrup urine
disease, a combined allergy to human milk, cow milk, and soy
formula, or any other childhood or adult diseases, conditions,
or disorders identified by the commissioner as requiring a
similarly necessary nutritional product; anorectics; and drugs
for which medical value has not been established. Separate
payment shall not be made for nutritional products for residents
of long-term care facilities; payment for dietary requirements
is a component of the per diem rate paid to these facilities.
Payment to drug vendors shall not be modified before the
formulary is established except that the commissioner shall not
permit payment for any drugs which may not by law be included in
the formulary, and the commissioner's determination shall not be
subject to chapter 14, the administrative procedure act. The
commissioner shall publish conditions for prohibiting payment
for specific drugs after considering the formulary committee's
recommendations.
The basis for determining the amount of payment shall be
the lower of the actual acquisition costs of the drugs plus a
fixed dispensing fee established by the commissioner, the
maximum allowable cost set by the federal government or by the
commissioner plus the fixed dispensing fee or the usual and
customary price charged to the public. Actual acquisition cost
includes quantity and other special discounts except time and
cash discounts. The actual acquisition cost of a drug may be
estimated by the commissioner. The maximum allowable cost of a
multi-source drug may be set by the commissioner and it shall be
comparable to, but no higher than, the maximum amount paid by
other third party payors in this state who have maximum
allowable cost programs. Establishment of this fee the amount
of payment for drugs shall not be subject to the requirements of
the administrative procedure act. An additional dispensing fee
of $.30 may be added to the dispensing fee paid to pharmacists
for prescriptions dispensed to residents of long-term care
facilities when a unit dose blister card system, approved by the
department, is used. Under this type of dispensing system, the
pharmacist must dispense a 30-day supply of drug. The National
Drug Code (NDC) from the drug container used to fill the blister
card must be identified on the claim to the department. The
unit dose blister card containing the drug must meet the
packaging standards set forth in Minnesota Rules, part
6800.2700, that govern the return of unused drugs to the
pharmacy for reuse. The pharmacy provider will be required to
credit the department for the actual acquisition cost of all
unused drugs that are eligible for reuse. Whenever a
generically equivalent product is available, payment shall be on
the basis of the actual acquisition cost of the generic drug,
unless the prescriber specifically indicates "dispense as
written" on the prescription as required by section 151.21,
subdivision 2.
Notwithstanding the above provisions, implementation of any
change in the fixed dispensing fee which has not been subject to
the administrative procedure act shall be limited to not more
than 180 days, unless, during that time, the commissioner shall
have initiated rulemaking through the administrative procedure
act;
(12) Diagnostic, screening, and preventive services.
"Preventive services" include services related to pregnancy,
including services for those conditions which may complicate a
pregnancy and which may be available to a pregnant woman
determined to be at risk of poor pregnancy outcome. Preventive
services available to a woman at risk of poor pregnancy outcome
may differ in an amount, duration, or scope from those available
to other individuals eligible for medical assistance;
(13) Health care prepayment plan premiums and insurance
premiums if paid directly to a vendor and supplementary medical
insurance benefits under Title XVIII of the Social Security
Act. For purposes of obtaining Medicare part B, expenditures
may be made even if federal funding is not available;
(14) Abortion services, but only if one of the following
conditions is met:
(a) The abortion is a medical necessity. "Medical
necessity" means (1) the signed written statement of two
physicians indicating the abortion is medically necessary to
prevent the death of the mother, and (2) the patient has given
her consent to the abortion in writing unless the patient is
physically or legally incapable of providing informed consent to
the procedure, in which case consent will be given as otherwise
provided by law;
(b) The pregnancy is the result of criminal sexual conduct
as defined in section 609.342, clauses (c), (d), (e)(i), and
(f), and the incident is reported within 48 hours after the
incident occurs to a valid law enforcement agency for
investigation, unless the victim is physically unable to report
the criminal sexual conduct, in which case the report shall be
made within 48 hours after the victim becomes physically able to
report the criminal sexual conduct; or
(c) The pregnancy is the result of incest, but only if the
incident and relative are reported to a valid law enforcement
agency for investigation prior to the abortion;
(15) Transportation costs incurred solely for obtaining
emergency medical care or transportation costs incurred by
nonambulatory persons in obtaining emergency or nonemergency
medical care when paid directly to an ambulance company, common
carrier, or other recognized providers of transportation
services. For the purpose of this clause, a person who is
incapable of transport by taxicab or bus shall be considered to
be nonambulatory;
(16) To the extent authorized by rule of the state agency,
costs of bus or taxicab transportation incurred by any
ambulatory eligible person for obtaining nonemergency medical
care;
(17) Personal care attendant assistant services provided by
an individual, not a relative, who is qualified to provide the
services, where the services are prescribed by a physician in
accordance with a plan of treatment and are supervised by a
registered nurse. Payments to personal care attendants
assistants shall be adjusted annually to reflect changes in the
cost of living or of providing services by the average annual
adjustment granted to vendors such as nursing homes and home
health agencies; and
(18) To the extent authorized by rule of the state agency,
case management services to persons with serious and persistent
mental illness;
(19) To the extent authorized by rule of the state agency,
case management services to persons with brain injuries; and
(20) Any other medical or remedial care licensed and
recognized under state law unless otherwise prohibited by law,
except licensed chemical dependency treatment programs or
primary treatment or extended care treatment units in hospitals
that are covered under Laws 1986, chapter 394, sections 8 to
20. The commissioner shall include chemical dependency services
in the state medical assistance plan for federal reporting
purposes, but payment must be made under Laws 1986, chapter 394,
sections 8 to 20. The commissioner shall publish in the State
Register a list of elective surgeries that require a second
medical opinion before medical assistance reimbursement, and the
criteria and standards for deciding whether an elective surgery
should require a second medical opinion. The list and criteria
and standards are not subject to the requirements of sections
14.01 to 14.69. The commissioner shall publish in the State
Register a list of health services that require prior
authorization, as well as the criteria and standards used to
select health services on the list. The list and the criteria
and standards used to formulate it are not subject to the
requirements of sections 14.01 to 14.69. The commissioner's
decision whether prior authorization is required for a health
service or a second medical opinion is required for an elective
surgery is not subject to administrative appeal.
Sec. 74. Minnesota Statutes 1986, section 256B.02, is
amended by adding a subdivision to read:
Subd. 13. [PREPAID HEALTH PLAN.] "Prepaid health plan"
means a vendor who receives a capitation payment and assumes
financial risk for the provision of medical assistance services
under a contract with the commissioner.
Sec. 75. Minnesota Statutes 1986, section 256B.03,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL LIMIT.] All payments for medical
assistance hereunder must be made to the vendor. The maximum
payment for new vendors enrolled in the medical assistance
program after the base year shall be determined from the average
usual and customary charge of the same vendor type enrolled in
the base year.
Sec. 76. [256B.031] [PREPAID HEALTH PLANS.]
Subdivision 1. [CONTRACTS.] The commissioner may contract
with health insurers licensed and operating under chapters 60A
and 62A, nonprofit health service plans licensed and operating
under chapter 62C, health maintenance organizations licensed and
operating under chapter 62D, and vendors of medical care and
organizations participating in prepaid programs under section
256D.03, subdivision 4, clause (b), to provide medical services
to medical assistance recipients. Notwithstanding any other
law, health insurers may enter into contracts with the
commissioner under this section. As a condition of the
contract, health insurers and health service plan corporations
must agree to comply with the requirements of section 62D.04,
subdivision 1, clauses (a), (b), (c), (d), and (f), and provide
a complaint procedure that satisfies the requirements of section
62D.11. Nothing in this section permits health insurers not
licensed as health maintenance organizations under chapter 62D
to offer a prepaid health plan as defined in section 256B.02,
subdivision 12, to persons other than those receiving medical
assistance or general assistance medical care under this
section. Contracts between the commissioner and a prepaid
health plan are exempt from the set-aside and preference
provisions of section 16B.19, subdivisions 5 and 6. Contracts
must specify the services that are included in the per capita
rate. Contracts must specify those services that are to be
eligible for risk sharing between the prepaid health plan and
the state. Contracts must also state that payment must be made
within 60 days after the month of coverage.
Subd. 2. [SERVICES.] State contracts for these services
must assure recipients of at least the comprehensive health
services defined in section 256B.02, subdivision 8, except
services defined in section 256B.02, subdivision 8, paragraphs
(2), (5), (16), and (17), and except services defined as
chemical dependency services and mental health services.
Contracts under this section must include provision for
assessing pregnant women to determine their risk of poor
pregnancy outcome. Contracts must also include provision for
treatment of women found to be at risk of poor pregnancy outcome.
Subd. 3. [INFORMATION REQUIRED.] Prepaid health plans
under contract must provide information to the commissioner
according to the contract specifications. The information must
include, at a minimum, the number of people receiving services,
the number of encounters, the types of services received,
evidence of an operating quality assurance program, and
information about the use of and actual recoveries of available
third-party resources. A plan under contract to provide
services in a county must provide the county agency with the
most current listing of the health care providers whose services
are covered by the plan.
Subd. 4. [PREPAID HEALTH PLAN RATES.] For payments made
during calendar year 1988, the monthly maximum allowable rate
established by the commissioner of human services for payment to
prepaid health plans must not exceed 90 percent of the projected
average monthly per capita fee-for-service medical assistance
costs for state fiscal year 1988 for recipients of aid to
families with dependent children. The base year for projecting
the average monthly per capita fee-for-service medical
assistance costs is state fiscal year 1986. A maximum allowable
per capita rate must be established collectively for Anoka,
Carver, Dakota, Hennepin, Ramsey, St. Louis, Scott, and
Washington counties. A separate maximum allowable per capita
rate must be established collectively for all other counties.
The maximum allowable per capita rate may be adjusted to reflect
utilization differences among eligible classes of recipients.
For payments made during calendar year 1989, the maximum
allowable rate must be calculated in the same way as 1988 rates,
except the base year is state fiscal year 1987. For payments
made during calendar year 1990 and later years, the commissioner
shall contract with an independent actuary to establish
prepayment rates. Rates established for prepaid health plans
must be based on the services that the prepaid health plan
provides under contract with the commissioner.
Subd. 5. [FREE CHOICE LIMITED.] (a) The commissioner may
require recipients of aid to families with dependent children,
except those recipients who are refugees and whose health
services are reimbursed 100 percent by the federal government
for the first 31 months after entry into the United States, to
enroll in a prepaid health plan and receive services from or
through the prepaid health plan. Enrollment in a prepaid health
plan is mandatory only when recipients have a choice of at least
two prepaid health plans.
(b) Recipients who become eligible on or after December 1,
1987, must choose a health plan within 30 days of the date
eligibility is determined. At the time of application, the
local agency shall ask the recipient whether the recipient has a
primary health care provider. If the recipient has not chosen a
health plan within 30 days but has provided the local agency
with the name of a a primary health care provider, the local
agency shall determine whether the provider participates in a
prepaid health plan available to the recipient and, if so, the
local agency shall select that plan on the recipient's behalf.
If the recipient has not provided the name of a primary health
care provider who participates in an available prepaid health
plan, commissioner shall randomly assign the recipient to a
health plan.
(c) Recipients who are eligible on November 30, 1987, must
choose a prepaid health plan by January 15, 1988. If possible,
the local agency shall ask whether the recipient has a primary
health care provider and the procedures under paragraph (b)
shall apply. If a recipient does not choose a prepaid health
plan by this date, the commissioner shall randomly assign the
recipient to a health plan.
(d) Each recipient must be enrolled in the health plan for
a minimum of six months following the effective date of
enrollment, except that the recipient may change health plans
once within the first 60 days after initial enrollment. The
commissioner shall request a waiver from the federal Health Care
Financing Administration to extend the minimum period to 12
months.
(e) Women who are receiving medical assistance due to
pregnancy and later become eligible for aid to families with
dependent children are not required to choose a prepaid health
plan until 60 days postpartum. An infant born as a result of
that pregnancy must be enrolled in a prepaid health plan at the
same time as the mother.
(f) If third-party coverage is available to a recipient
through enrollment in a prepaid health plan through employment,
through coverage by the former spouse, or if a duty of support
has been imposed by law, order, decree, or judgment of a court
under section 518.551, the obligee or recipient shall
participate in the prepaid health plan in which the obligee has
enrolled provided that the commissioner has contracted with the
plan.
Subd. 6. [OMBUDSMAN.] The commissioner shall designate an
ombudsman to advocate for persons required to enroll in prepaid
health plans under this section. The ombudsman shall advocate
for recipients enrolled in prepaid health plans through
complaint and appeal procedures and ensure that necessary
medical services are provided either by the prepaid health plan
directly or by referral to appropriate social services. At the
time of enrollment in a prepaid health plan, the local agency
shall inform recipients about the ombudsman program and their
right to a resolution of a complaint by the prepaid health plan
if they experience a problem with the plan or its providers.
Subd. 7. [SERVICES PENDING APPEAL.] If the recipient
appeals in writing to the state agency on or before the tenth
day after the decision of the prepaid health plan to reduce,
suspend or terminate services which the recipient had been
receiving, and the treating physician or another plan physician
orders the services to be continued at the previous level, the
prepaid health plan must continue to provide services at a level
equal to the level ordered by the plan's physician until the
state agency renders its decision.
Subd. 8. [CASE MANAGEMENT.] The commissioner shall prepare
a report to the legislature by January 1988, that describes the
issues involved in successfully implementing a case management
system in counties where the commissioner has fewer than two
prepaid health plans under contract to provide health care
services to eligible classes of recipients. In the report the
commissioner shall address which health care providers could be
case managers, the responsibilities of the case manager, the
assumption of risk by the case manager, the services to be
provided either directly or by referral, reimbursement concerns,
federal waivers that may be required, and other issues that may
affect the quality and cost of care under such a system.
Subd. 9. [PREPAYMENT COORDINATOR.] The local agency shall
designate a prepayment coordinator to assist the state agency in
implementing this section, section 256B.69, and section 256D.03,
subdivision 4. Assistance must include educating recipients
about available health care options, enrolling recipients under
subdivision 5, providing necessary eligibility and enrollment
information to health plans and the state agency, and
coordinating complaints and appeals with the ombudsman
established in subdivision 6.
Subd. 10. [IMPACT ON PUBLIC OR TEACHING HOSPITALS AND
COMMUNITY CLINICS.] (a) 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, provided
the terms of participation in the program are competitive with
the terms of other participants.
(b) Prepaid health plans serving counties with a nonprofit
community clinic or community health services agency must
contract with the clinic or agency to provide services to
clients who choose to receive services from the clinic or
agency, if the clinic or agency agrees to payment rates that are
competitive with rates paid to other health plan providers for
the same or similar services.
Sec. 77. Minnesota Statutes 1986, 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;
(h) electronic diagnostic, therapeutic and life support
systems; and
(5) wheelchair transportation services; and
(6) drugs.
Sec. 78. Minnesota Statutes 1986, section 256B.04,
subdivision 15, is amended to read:
Subd. 15. [UTILIZATION REVIEW.] (1) Establish on a
statewide basis a new program to safeguard against unnecessary
or inappropriate use of medical assistance services, against
excess payments, against unnecessary or inappropriate hospital
admissions or lengths of stay, and against underutilization of
services in prepaid health plans, long-term care facilities or
any health care delivery system subject to fixed rate
reimbursement. In implementing the program, the state agency
shall utilize both prepayment and postpayment review systems to
determine if utilization is reasonable and necessary. The
determination of whether services are reasonable and necessary
shall be made by the commissioner in consultation with a
professional services advisory group appointed by the
commissioner. An aggrieved party may appeal the commissioner's
determination pursuant to the contested case procedures of
chapter 14.
(2) Contracts entered into for purposes of meeting the
requirements of this subdivision shall not be subject to the
set-aside provisions of chapter 16B.
(3) A recipient aggrieved by the commissioner's termination
of services or denial of future services may appeal pursuant to
section 256.045. A vendor aggrieved by the commissioner's
determination that services provided were not reasonable or
necessary may appeal pursuant to the contested case procedures
of chapter 14. To appeal, the vendor shall notify the
commissioner in writing within 30 days of receiving the
commissioner's notice. The appeal request shall specify each
disputed item, the reason for the dispute, an estimate of the
dollar amount involved for each disputed item, the computation
that the vendor believes is correct, the authority in statute or
rule upon which the vendor relies for each disputed item, the
name and address of the person or firm with whom contacts may be
made regarding the appeal, and other information required by the
commissioner.
Sec. 79. Minnesota Statutes 1986, section 256B.06,
subdivision 1, is amended to read:
Subdivision 1. Medical assistance may be paid for any
person:
(1) who is a child eligible for or receiving adoption
assistance payments under Title IV-E of the Social Security Act,
United States Code, title 42, sections 670 to 676 under
Minnesota Statutes, section 259.40 or 259.431; or
(2) who is a child eligible for or receiving foster care
maintenance payments under Title IV-E of the Social Security
Act, United States Code, title 42, sections 670 to 676; or
(3) who is eligible for or receiving public assistance
under the aid to families with dependent children program, the
Minnesota supplemental aid program, except for those persons
eligible for Minnesota supplemental aid because the local agency
waived excess assets under section 256D.37, subdivision 2; or
(4) who is a pregnant woman, as certified in writing by a
physician or nurse midwife, and who (a) meets the other
eligibility criteria of this section, and (b) would be
categorically eligible for assistance under the aid to families
with dependent children program if the child had been born and
was living with the woman. For purposes of this section, a
woman is considered pregnant for 60 days postpartum; or
(5) who is a pregnant woman, as certified in writing by a
physician or nurse midwife, who meets the other eligibility
criteria of this section and whose unborn child would be
eligible as a needy child under clause (9) (8) if born and
living with the woman. For purposes of this section, a woman is
considered pregnant for 60 days postpartum; or
(6) who meets the categorical eligibility requirements of
the supplemental security income program and the other
eligibility requirements of this section; or
(7) who, except for the amount of income or resources
assets, would qualify for supplemental security income for the
aged, blind and disabled, or aid to families with dependent
children, and who meets the other eligibility requirements of
this section. However, in the case of families and children who
meet the categorical eligibility requirements for aid to
families with dependent children, the methodology for
calculating assets shall be as specified in section 256.73,
subdivision 2, and the methodology for calculating deductions
from earnings for child care and work expenses shall be as
specified in section 256.74, subdivision 1; or
(8) who is under 21 years of age and in need of medical
care that neither the person nor the person's relatives
responsible under sections 256B.01 to 256B.26 are financially
able to provide; or
(9) who is an infant less than one year of age born on or
after October 1, 1984, whose mother was eligible at the time of
birth and who remains in the mother's household. Eligibility
under this clause is concurrent with the mother's and does not
depend on the father's income except as the income affects the
mother's eligibility; or
(10) who is residing in a hospital for treatment of mental
disease or tuberculosis and is 65 years of age or older and
without means sufficient to pay the per capita hospital charge;
and
(11) who resides in Minnesota, or, if absent from the
state, is deemed to be a resident of Minnesota in accordance
with the rules of the state agency; and
(12) who alone, or together with the person's spouse, does
not own real property other than the homestead. For the
purposes of this section, "homestead" means the house owned and
occupied by the applicant or recipient as a primary place of
residence, together with the contiguous land upon which it is
situated. The homestead shall continue to be excluded for
persons residing in a long-term care facility if it is used as a
primary residence by the spouse, minor child, or disabled child
of any age; or the applicant/recipient is expected to return to
the home as a principal residence within six calendar months of
entry to the long-term care facility. Certification of expected
return to the homestead shall be documented in writing by the
attending physician. The homestead is also excluded for the
first six calendar months of the person's stay in the long-term
care facility. The homestead must be reduced to an amount
within limits or excluded on another basis if the person remains
in the long-term care facility for a period longer than six
months. Real estate not used as a home may not be retained
unless it produces net income applicable to the family's needs
or the family is making a continuing effort to sell it at a fair
and reasonable price or unless the commissioner determines that
sale of the real estate would cause undue hardship or unless the
equity in the real estate when combined with the equity in the
homestead totals $15,000 or less the property is not salable,
the equity is $6,000 or less and the income produced by the
property is at least six percent of the equity, or the excess
real property is exempted for a period of nine months if there
is a good faith effort to sell the property and a legally
binding agreement is signed to repay the amount of assistance
issued during that nine months; and
(13) who individually does not own more than $3,000 in cash
or liquid assets, or if a member of a household with two family
members (husband and wife, or parent and child), does not own
more than $6,000 in cash or liquid assets, plus $200 for each
additional legal dependent. In addition to these maximum
amounts, an eligible individual or family may accrue interest on
these amounts, but they must be reduced to the maximum at the
time of an eligibility redetermination. For residents of
long-term care facilities, the accumulation of the clothing and
personal needs allowance pursuant to section 256B.35 must also
be reduced to the maximum at the time of the eligibility
redetermination. Cash and liquid assets may include a prepaid
funeral contract and insurance policies with cash surrender
value. The value of the following shall not be included:
(a) the homestead, and (b) household goods and furniture in
use in the home, (c) wearing apparel, (d) personal property used
as a regular abode by the applicant or recipient, (e) a lot in a
burial plot for each member of the household, (f) personal
jewelry acquired more than 24 months immediately prior to the
period of medical assistance eligibility and personal jewelry
acquired within 24 months immediately prior to the period of
medical assistance eligibility and not purchased with assets of
the applicant or recipient, (g) capital and operating assets of
a trade or business that the local agency determines are
necessary to the person's ability to earn an income, (h) for a
period of six months, insurance settlements to repair or replace
damaged, destroyed, or stolen property, (i) one motor vehicle
that is licensed pursuant to chapter 168 and defined as: (1)
passenger automobile, (2) station wagon, (3) motorcycle, (4)
motorized bicycle or (5) truck of the weight found in categories
A to E, of section 168.013, subdivision 1e, and that is used
primarily for the person's benefit, and (j) other items which
may be required by federal law or statute. To be excluded, the
vehicle must have a market value of less than $4,500; be
necessary to obtain medically necessary health services; be
necessary for employment; be modified for operation by or
transportation of a handicapped person; or be necessary to
perform essential daily tasks because of climate, terrain,
distance, or similar factors. The equity value of other motor
vehicles is counted against the cash or liquid asset limit; and
(14) who has or anticipates receiving an annual a
semiannual income not in excess of 115 percent of the income
standards by family size used in the aid to families with
dependent children program, or who has income in excess of these
maxima and in the month of application, or during the three
months prior to the month of application, incurs expenses for
medical care that total more than one-half of the annual excess
income in accordance with the rules of the state agency except
that families and children may have an income up to 133-1/3
percent of the AFDC income standard. Notwithstanding any laws
or rules to the contrary, in computing income to determine
eligibility of persons who are not residents of long-term care
facilities, the commissioner shall disregard increases in income
as required by Public Law Number 94-566, section 503. In excess
income cases, eligibility shall be limited to a period of six
months beginning with the first of the month in which these
medical obligations are first incurred, Public Law Number 99-272
and Public Law Number 99-509; and
(15) who has continuing monthly expenses for medical care
that are more than the amount of the person's excess income,
computed on a monthly basis, in which case eligibility may be
established before the total income obligation referred to in
the preceding paragraph is incurred, and medical assistance
payments may be made to cover the monthly unmet medical need.
In licensed nursing home and state hospital cases, income over
and above that required for justified needs, determined pursuant
to a schedule of contributions established by the commissioner
of human services, is to be applied to the cost of institutional
care or who is a pregnant woman who meets the requirements of
clauses (1) to (8) except that her anticipated income is in
excess of the income standards by family size used in the aid to
families with dependent children program, but is equal to or
less than 133-1/3 percent of that income standard. Eligibility
for a pregnant woman with respect to this clause shall be
without regard to the asset standards specified in clauses (12)
and (13). For persons who reside in licensed nursing homes,
regional treatment centers, or medical institutions, the income
over and above that required in section 256B.35 for personal
needs allowance is to be applied to the cost of institutional
care. In addition, income may be retained by an
institutionalized person (a) to support dependents in the amount
that, together with the income of the spouse and child under age
18, would provide net income equal to the medical assistance
standard for the family size of the dependents excluding the
person residing in the facility; or (b) for a period of up to
three calendar months, in an amount equal to the medical
assistance standard for a family size of one if the person was
not living together with a spouse or child under age 21 at the
time the person entered a long-term care facility, if the person
has expenses of maintaining a residence in the community, and if
a physician certifies that the person is expected to reside in
the long-term care facility on a short-term basis. For purposes
of this section, persons are determined to be residing in
licensed nursing homes, regional treatment centers, or medical
institutions if the persons are expected to remain for a period
expected to last longer than three months. The commissioner of
human services may establish a schedule of contributions to be
made by the spouse of a nursing home resident to the cost of
care; and
(16) who has applied or agrees to apply all proceeds
received or receivable by the person or the person's spouse from
automobile accident coverage and private health care coverage to
any third person liable for the costs of medical care for the
person, the spouse, and children. The state agency may shall
require from any applicant or recipient of medical assistance
the assignment of any rights accruing under private health care
coverage to medical support and third party payments. Persons
must cooperate with the state in establishing paternity and
obtaining third party payments. By signing an application for
medical assistance, a person assigns to the department of human
services all rights the person may have to medical support or
payments for medical expenses from any other person or entity on
their own or their dependent's behalf and agrees to cooperate
with the state in establishing paternity and obtaining third
party payments. Any rights or amounts so assigned shall be
applied against the cost of medical care paid for under this
chapter. Any assignment takes effect upon the determination
that the applicant is eligible for medical assistance and up to
three months prior to the date of application if the applicant
is determined eligible for and receives medical assistance
benefits. The application must contain a statement explaining
this assignment. Any assignment shall not be effective as to
benefits paid or provided under automobile accident coverage and
private health care coverage prior to receipt notification of
the assignment by the person or organization providing the
benefits; and
(17) eligibility is available for the month of application
and for three months prior to application if the person was
eligible in those prior months. A redetermination of
eligibility must occur every 12 months.
Sec. 80. Minnesota Statutes 1986, section 256B.06, is
amended by adding a subdivision to read:
Subd. 4. [CITIZENSHIP REQUIREMENTS.] Eligibility for
medical assistance is limited to citizens of the United States
and aliens lawfully admitted for permanent residence or
otherwise permanently residing in the United States under the
color of law. Payment shall also be made for care and services
that are furnished to an alien who otherwise meets the
eligibility requirements of this section if such care and
services are necessary for the treatment of an emergency medical
condition. For purposes of this subdivision, the term
"emergency medical condition" means a medical condition,
including labor and delivery, that if not immediately treated
could cause a person physical or mental disability, continuation
of severe pain, or death.
Sec. 81. Minnesota Statutes 1986, section 256B.064,
subdivision 1a, is amended to read:
Subd. 1a. [GROUNDS FOR MONETARY RECOVERY AND SANCTIONS
AGAINST VENDORS.] The commissioner may seek monetary recovery
and impose sanctions against vendors of medical care for any of
the following: fraud, theft, or abuse in connection with the
provision of medical care to recipients of public assistance; a
pattern of presentment of false or duplicate claims or claims
for services not medically necessary; a pattern of making false
statements of material facts for the purpose of obtaining
greater compensation than that to which the vendor is legally
entitled; suspension or termination as a Medicare vendor; and
refusal to grant the state agency access during regular business
hours to examine all records necessary to disclose the extent of
services provided to program recipients. No sanction may be
imposed or monetary recovery obtained against any vendor of
nursing home or convalescent care for providing services not
medically necessary when the services provided were ordered by a
licensed health professional not an employee of the vendor. The
determination of services not medically necessary shall be made
by the commissioner in consultation with a provider peer
advisory committee appointed by the commissioner on the
recommendation of appropriate professional organizations.
Sec. 82. Minnesota Statutes 1986, section 256B.15, is
amended to read:
If a person receives any medical assistance hereunder, on
the person's death, if single, or on the death of the person and
the surviving spouse, if married survivor of a married couple,
either or both of whom received medical assistance, and only
when there is no surviving child who is under 21 or is blind or
totally disabled, the total amount paid for medical assistance
rendered for the person and spouse, after age 65, without
interest, shall be filed as a claim against the estate of the
person or the estate of the surviving spouse in the court having
jurisdiction to probate the estate. A claim against the estate
of a surviving spouse who did not receive medical assistance,
for medical assistance rendered for the predeceased spouse, is
limited to the value of the assets of the estate that were
marital property or jointly-owned property at any time during
the marriage. The claim shall be considered an expense of the
last illness of the decedent for the purpose of section
524.3-805. Any statute of limitations that purports to limit
any county agency or the state agency, or both, to recover for
medical assistance granted hereunder shall not apply to any
claim made hereunder for reimbursement for any medical
assistance granted hereunder. Counties may retain one-half of
the nonfederal share of medical assistance collections from
estates that are directly attributable to county effort.
Sec. 83. Minnesota Statutes 1986, section 256B.17,
subdivision 4, is amended to read:
Subd. 4. [PERIOD OF INELIGIBILITY.] For any uncompensated
transfer, the period number of months of ineligibility shall be
calculated by dividing the uncompensated transferred amount by
the statewide average monthly skilled nursing facility per
diem per person payment made by the medical assistance program
to skilled nursing facilities for the previous calendar year to
determine the number of months of ineligibility. The individual
shall remain ineligible until this fixed ineligibility period
has expired. The period of ineligibility may exceed 24 months,
and a reapplication for benefits after 24 months from the date
of the transfer shall not result in eligibility unless and until
the period of ineligibility has expired.
Sec. 84. Minnesota Statutes 1986, section 256B.17,
subdivision 5, is amended to read:
Subd. 5. [EXCLUDED RESOURCES.] Except for the limitations
contained in subdivision 6, a resource which is transferred
while otherwise excluded under sections section 256B.06 and
256B.07 shall not be considered an available resource for
purposes of medical assistance eligibility. This exception
shall not apply to applicants for or recipients of general
assistance medical care benefits under chapter 256D.
Sec. 85. Minnesota Statutes 1986, 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 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.
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 ordered without
consulting the prepaid health plan that does not include
diagnostic evaluation, recommendation, or and referral for
treatment by the prepaid health plan is the responsibility of
the county of financial responsibility.
Sec. 86. Minnesota Statutes 1986, section 256B.35,
subdivision 1, is amended to read:
Subdivision 1. Notwithstanding any law to the contrary,
welfare allowances for clothing and personal needs for
individuals receiving medical assistance while residing in any
skilled nursing home or, intermediate care facility, or medical
institution including recipients of supplemental security
income, in this state shall not be less than $40 per month from
all sources.
Provided that this personal needs allowance may be paid as
part of the Minnesota supplemental aid program, notwithstanding
the provisions of section 256D.37, subdivision 2, and payments
to the recipients from Minnesota supplemental aid funds may be
made once each three months beginning in October, 1977 covering
liabilities that accrued during the preceding three months.
Sec. 87. Minnesota Statutes 1986, section 256B.35,
subdivision 2, is amended to read:
Subd. 2. Neither the skilled nursing home, the
intermediate care facility, the medical institution, nor the
department of human services shall withhold or deduct any amount
of this allowance for any purpose contrary to this section.
Sec. 88. Minnesota Statutes 1986, section 256B.421,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] For the purposes of this section
and sections 256B.41, 256B.411, 256B.431, 256B.433, 256B.47,
256B.48, 256B.50, and 256B.502, the following terms and phrases
shall have the meaning given to them.
Sec. 89. Minnesota Statutes 1986, section 256B.431,
subdivision 2b, is amended to read:
Subd. 2b. [OPERATING COSTS, AFTER JULY 1, 1985.] (a) For
rate years beginning on or after July 1, 1985, the commissioner
shall establish procedures for determining per diem
reimbursement for operating costs.
(b) The commissioner shall contract with an econometric
firm with recognized expertise in and access to national
economic change indices that can be applied to the appropriate
cost categories when determining the operating cost payment rate.
(c) The commissioner shall analyze and evaluate each
nursing home's cost report of allowable operating costs incurred
by the nursing home during the reporting year immediately
preceding the rate year for which the payment rate becomes
effective.
(d) The commissioner shall establish limits on actual
allowable historical operating cost per diems based on cost
reports of allowable operating costs for the reporting year that
begins October 1, 1983, taking into consideration relevant
factors including resident needs, geographic location, size of
the nursing home, and the costs that must be incurred for the
care of residents in an efficiently and economically operated
nursing home. In developing the geographic groups for purposes
of reimbursement under this section, the commissioner shall
ensure that nursing homes in any county contiguous to the
Minneapolis-St. Paul seven-county metropolitan area are included
in the same geographic group. The limits established by the
commissioner shall not be less, in the aggregate, than the 60th
percentile of total actual allowable historical operating cost
per diems for each group of nursing homes established under
subdivision 1 based on cost reports of allowable operating costs
in the previous reporting year. For rate years beginning on or
after July 1, 1987, or until the new base period is established,
facilities located in geographic group I as described in
Minnesota Rules, part 9549.0052 (Emergency), on January 1, 1987,
may choose to have the commissioner apply either the care
related limits or the other operating cost limits calculated for
facilities located in geographic group II, or both, if either of
the limits calculated for the group II facilities is higher.
The efficiency incentive for geographic group I nursing homes
must be calculated based on geographic group I limits. The
phase-in must be established utilizing the chosen limits. For
purposes of these exceptions to the geographic grouping
requirements, the definitions in Minnesota Rules, parts
9549.0050 to 9549.0059 (Emergency), and 9549.0010 to 9549.0080,
apply. The limits established under this paragraph remain in
effect until the commissioner establishes a new base period.
Until the new base period is established, the commissioner shall
adjust the limits annually using the appropriate economic change
indices established in paragraph (e). In determining allowable
historical operating cost per diems for purposes of setting
limits and nursing home payment rates, the commissioner shall
divide the allowable historical operating costs by the actual
number of resident days, except that where a nursing home is
occupied at less than 90 percent of licensed capacity days, the
commissioner may establish procedures to adjust the computation
of the per diem to an imputed occupancy level at or below 90
percent. The commissioner shall establish efficiency incentives
as appropriate. The commissioner may establish efficiency
incentives for different operating cost categories. The
commissioner shall consider establishing efficiency incentives
in care related cost categories. The commissioner may combine
one or more operating cost categories and may use different
methods for calculating payment rates for each operating cost
category or combination of operating cost categories. For the
rate year beginning on July 1, 1985, the commissioner shall:
(1) allow nursing homes that have an average length of stay
of 180 days or less in their skilled nursing level of care, 125
percent of the care related limit and 105 percent of the other
operating cost limit established by rule; and
(2) exempt nursing homes licensed on July 1, 1983, by the
commissioner to provide residential services for the physically
handicapped under Minnesota Rules, parts 9570.2000 to 9570.3600,
from the care related limits and allow 105 percent of the other
operating cost limit established by rule.
For the purpose of calculating the other operating cost
efficiency incentive for nursing homes referred to in clause (1)
or (2), the commissioner shall use the other operating cost
limit established by rule before application of the 105 percent.
(e) The commissioner shall establish a composite index or
indices by determining the appropriate economic change
indicators to be applied to specific operating cost categories
or combination of operating cost categories.
(f) Each nursing home shall receive an operating cost
payment rate equal to the sum of the nursing home's operating
cost payment rates for each operating cost category. The
operating cost payment rate for an operating cost category shall
be the lesser of the nursing home's historical operating cost in
the category increased by the appropriate index established in
paragraph (e) for the operating cost category plus an efficiency
incentive established pursuant to paragraph (d) or the limit for
the operating cost category increased by the same index. If a
nursing home's actual historic operating costs are greater than
the prospective payment rate for that rate year, there shall be
no retroactive cost settle-up. In establishing payment rates
for one or more operating cost categories, the commissioner may
establish separate rates for different classes of residents
based on their relative care needs.
(g) The commissioner shall include the reported actual real
estate tax liability of each proprietary nursing home as an
operating cost of that nursing home. The commissioner shall
include a reported actual special assessment, and reported
actual license fees required by the Minnesota department of
health, for each nursing home as an operating cost of that
nursing home. Total real estate tax liability, actual special
assessments paid, and license fees paid as required by the
Minnesota department of health, for each nursing home (1) shall
be divided by actual resident days in order to compute the
operating cost payment rate for this operating cost category,
(2) shall not be used to compute the 60th percentile or other
operating cost limits established by the commissioner, and (3)
shall not be increased by the composite index or indices
established pursuant to paragraph (e).
Sec. 90. Minnesota Statutes 1986, section 256B.433, is
amended to read:
256B.433 [ANCILLARY SERVICES.]
Subdivision 1. [SETTING PAYMENT; MONITORING USE OF THERAPY
SERVICES.] The commissioner shall promulgate rules pursuant to
the administrative procedure act to set the amount and method of
payment for ancillary materials and services provided to
recipients residing in long-term care facilities nursing homes.
Payment for materials and services may be made to either the
nursing home in the operating cost per diem, to the vendor of
ancillary services pursuant to Minnesota Rules, parts 9500.0750
to 9500.1080 or to a nursing home pursuant to Minnesota Rules,
parts 9500.0750 to 9500.1080. Payment for the same or similar
service to a recipient shall not be made to both the nursing
home and the vendor. The commissioner shall ensure the
avoidance of double payments through audits and adjustments to
the nursing home's annual cost report as required by section
256B.47, and that charges and arrangements for ancillary
materials and services are cost effective and as would be
incurred by a prudent and cost conscious buyer. Therapy
services provided to a recipient must be medically necessary and
appropriate to the medical condition of the recipient. If the
vendor, nursing home, or ordering physician cannot provide
adequate medical necessity justification, as determined by the
commissioner, in consultation with an advisory committee that
meets the requirements of section 256B.064, subdivision 1a, the
commissioner may recover or disallow the payment for the
services and may require prior authorization for therapy
services as a condition of payment or may impose administrative
sanctions to limit the vendor, nursing home, or ordering
physician's participation in the medical assistance program.
Subd. 2. [CERTIFICATION THAT TREATMENT IS
APPROPRIATE.] The physical therapist, occupational therapist,
speech therapist, or audiologist who provides or supervises the
provision of therapy services, other than an initial evaluation,
to a medical assistance recipient must certify in writing that
the therapy's nature, scope, duration, and intensity are
appropriate to the medical condition of the recipient every 30
days. The therapist's statement of certification must be
maintained in the recipient's medical record together with the
specific orders by the physician and the treatment plan. If the
recipient's medical record does not include these documents, the
commissioner may recover or disallow the payment for such
services. If the therapist determines that the therapy's
nature, scope, duration, or intensity is not appropriate to the
medical condition of the recipient, the therapist must provide a
statement to that effect in writing to the nursing home for
inclusion in the recipient's medical record. The commissioner
shall utilize a peer review program that meets the requirements
of section 256B.064, subdivision 1a, to make recommendations
regarding the medical necessity of services provided.
Subd. 3. [SEPARATE BILLINGS FOR THERAPY SERVICES.] Until
new procedures are developed under subdivision 4, payment for
therapy services provided to nursing home residents that are
billed separate from nursing home's payment rate or according to
Minnesota Rules, parts 9500.0750 to 9500.1080, shall be subject
to the following requirements:
(a) The practitioner invoice must include, in a format
specified by the commissioner, the provider number of the
nursing home where the medical assistance recipient resides
regardless of the service setting.
(b) Nursing homes that are related by ownership, control,
affiliation, or employment status to the vendor of therapy
services shall report, in a format specified by the
commissioner, the revenues received during the reporting year
for therapy services provided to residents of the nursing home.
For rate years beginning on or after July 1, 1988, the
commissioner shall offset the revenues received during the
reporting year for therapy services provided to residents of the
nursing home to the total payment rate of the nursing home by
dividing the amount of offset by the nursing home's actual
resident days. Except as specified in paragraphs (d) and (f),
the amount of offset shall be the revenue in excess of 108
percent of the cost removed from the cost report resulting from
the requirement of the commissioner to ensure the avoidance of
double payments as determined by section 256B.47. In
establishing a new base period for the purpose of setting
operating cost payment rate limits and rates, the commissioner
shall not include the revenues offset in accordance with this
section.
(c) For rate years beginning on or after July 1, 1987,
nursing homes shall limit charges in total to vendors of therapy
services for renting space, equipment, or obtaining other
services during the rate year to 108 percent of the annualized
cost removed from the reporting year cost report resulting from
the requirement of the commissioner to ensure the avoidance of
double payments as determined by section 256B.47. If the
arrangement for therapy services is changed so that a nursing
home is subject to this paragraph instead of paragraph (b), the
cost that is used to determine rent must be adjusted to exclude
the annualized costs for therapy services that are not provided
in the rate year. The maximum charges to the vendors shall be
based on the commissioner's determination of annualized cost and
may be subsequently adjusted upon resolution of appeals.
(d) The commissioner shall require reporting of all
revenues relating to the provision of therapy services and shall
establish a therapy cost, as determined by section 256B.47, to
revenue ratio for the reporting year ending in 1986. For
subsequent reporting years, the ratio may increase five
percentage points in total until a new base year is established
under paragraph (e). Increases in excess of five percentage
points may be allowed if adequate justification is provided to
and accepted by the commissioner. Unless an exception is
allowed by the commissioner, the amount of offset in paragraph
(b) is the greater of the amount determined in paragraph (b) or
the amount of offset that is imputed based on one minus the
lesser of (1) the actual reporting year ratio or (2) the base
reporting year ratio increased by five percentage points,
multiplied by the revenues.
(e) The commissioner may establish a new reporting year
base for determining the cost to revenue ratio.
(f) If the arrangement for therapy services is changed so
that a nursing home is subject to the provisions of paragraph
(b) instead of paragraph (c), an average cost to revenue ratio
based on the ratios of nursing homes that are subject to the
provisions of paragraph (b) shall be imputed for paragraph (d).
(g) This section does not allow unrelated nursing homes to
reorganize related organization therapy services and provide
services among themselves to avoid offsetting revenues. Nursing
homes that are found to be in violation of this provision shall
be subject to the penalty requirements of section 256B.48,
subdivision 1, paragraph (f).
Subd. 4. [ADVISORY COMMITTEE.] The commissioner shall
convene an advisory committee consisting of nursing home
consumers, therapists from each discipline, and representatives
of the nursing home industry. The commissioner, in consultation
with the advisory committee, shall study alternative methods of
payment for therapy services provided to nursing home residents
and report to the legislature by February 1, 1989.
Sec. 91. Minnesota Statutes 1986, section 256B.47,
subdivision 1, is amended to read:
Subdivision 1. [NONALLOWABLE COSTS.] The following costs
shall not be recognized as allowable: (1) political
contributions; (2) salaries or expenses of a lobbyist, as
defined in section 10A.01, subdivision 11, for lobbying
activities; (3) advertising designed to encourage potential
residents to select a particular nursing home; (4) assessments
levied by the commissioner of health for uncorrected violations;
(5) legal and related expenses for unsuccessful challenges to
decisions by governmental agencies; (6) memberships in sports,
health or similar social clubs or organizations; and (7) costs
incurred for activities directly related to influencing
employees with respect to unionization; and (8) direct and
indirect costs of providing services which are billed separately
from the nursing home's payment rate or pursuant to Minnesota
Rules, parts 9500.0750 to 9500.1080. The commissioner shall by
rule exclude the costs of any other items not directly related
to the provision of resident care.
Sec. 92. Minnesota Statutes 1986, section 256B.47, is
amended by adding a subdivision to read:
Subd. 3. [ALLOCATION OF COSTS.] To ensure the avoidance of
double payments as required by section 256B.433, the direct and
indirect reporting year costs of providing residents of nursing
homes that are not hospital attached with therapy services that
are billed separately from the nursing home payment rate or
according to Minnesota Rules, parts 9500.0750 to 9500.1080, must
be determined and deducted from the appropriate cost categories
of the annual cost report as follows:
(a) The costs of wages and salaries for employees providing
or participating in providing and consultants providing services
shall be allocated to the therapy service based on direct
identification.
(b) The costs of fringe benefits and payroll taxes relating
to the costs in paragraph (a) must be allocated to the therapy
service based on direct identification or the ratio of total
costs in paragraph (a) to the sum of total allowable salaries
and the costs in paragraph (a).
(c) The costs of housekeeping, plant operations and
maintenance, real estate taxes, special assessments, property
and insurance, other than the amounts classified as a fringe
benefit, must be allocated to the therapy service based on the
ratio of service area square footage to total facility square
footage.
(d) The costs of bookkeeping and medical records must be
allocated to the therapy service either by the method in
paragraph (e) or based on direct identification. Direct
identification may be used if adequate documentation is provided
to, and accepted by, the commissioner.
(e) The costs of administrators, bookkeeping, and medical
records salaries, except as provided in paragraph (d), must be
allocated to the therapy service based on the ratio of the total
costs in paragraphs (a) to (d) to the sum of total allowable
nursing home costs and the costs in paragraphs (a) to (d).
Sec. 93. Minnesota Statutes 1986, section 256B.47, is
amended by adding a subdivision to read:
Subd. 4. [ALLOCATION OF COSTS; HOSPITAL-ATTACHED
FACILITIES.] To ensure the avoidance of double payments as
required by section 256B.433, the direct and indirect reporting
year costs of providing therapy services to residents of a
hospital-attached nursing home, when the services are billed
separately from the nursing home's payment rate or according to
Minnesota Rules, parts 9500.0750 to 9500.1080, must be
determined and deducted from the appropriate cost categories of
the annual cost report based on the Medicare step-down as
prepared in accordance with instructions provided by the
commissioner.
Sec. 94. Minnesota Statutes 1986, section 256B.48,
subdivision 1, is amended to read:
Subdivision 1. [PROHIBITED PRACTICES.] A nursing home is
not eligible to receive medical assistance payments unless it
refrains from all of the following:
(a) Charging private paying residents rates for similar
services which exceed those which are approved by the state
agency for medical assistance recipients as determined by the
prospective desk audit rate, except under the following
circumstances: the nursing home may (1) charge private paying
residents a higher rate for a private room, and (2) charge for
special services which are not included in the daily rate if
medical assistance residents are charged separately at the same
rate for the same services in addition to the daily rate paid by
the commissioner. Services covered by the payment rate must be
the same regardless of payment source. Special services, if
offered, must be offered to all residents and charged separately
at the same rate. Residents are free to select or decline
special services. Special services must not include services
which must be provided by the nursing home in order to comply
with licensure or certification standards and that if not
provided would result in a deficiency or violation by the
nursing home. Services beyond those required to comply with
licensure or certification standards must not be charged
separately as a special service if they were included in the
payment rate for the previous reporting year. A nursing home
that charges a private paying resident a rate in violation of
this clause is subject to an action by the state of Minnesota or
any of its subdivisions or agencies for civil damages. A
private paying resident or the resident's legal representative
has a cause of action for civil damages against a nursing home
that charges the resident rates in violation of this clause.
The damages awarded shall include three times the payments that
result from the violation, together with costs and
disbursements, including reasonable attorneys' fees or their
equivalent. A private paying resident or the resident's legal
representative, the state, subdivision or agency, or a nursing
home may request a hearing to determine the allowed rate or
rates at issue in the cause of action. Within 15 calendar days
after receiving a request for such a hearing, the commissioner
shall request assignment of an administrative law judge under
sections 14.48 to 14.56 to conduct the hearing as soon as
possible or according to agreement by the parties. The
administrative law judge shall issue a report within 15 calendar
days following the close of the hearing. The prohibition set
forth in this clause shall not apply to facilities licensed as
boarding care facilities which are not certified as skilled or
intermediate care facilities level I or II for reimbursement
through medical assistance;.
(b) Requiring an applicant for admission to the home, or
the guardian or conservator of the applicant, as a condition of
admission, to pay any fee or deposit in excess of $100, loan any
money to the nursing home, or promise to leave all or part of
the applicant's estate to the home;.
(c) Requiring any resident of the nursing home to utilize a
vendor of health care services who is a licensed physician or
pharmacist chosen by the nursing home;.
(d) Providing differential treatment on the basis of status
with regard to public assistance;.
(e) Discriminating in admissions, services offered, or room
assignment on the basis of status with regard to public
assistance. Admissions discrimination shall include, but is not
limited to:
(1) basing admissions decisions upon assurance by the
applicant to the nursing home, or the applicant's guardian or
conservator, that the applicant is neither eligible for nor will
seek public assistance for payment of nursing home care costs;
and
(2) engaging in preferential selection from waiting lists
based on an applicant's ability to pay privately.
The collection and use by a nursing home of financial
information of any applicant pursuant to the preadmission
screening program established by section 256B.091 shall not
raise an inference that the nursing home is utilizing that
information for any purpose prohibited by this paragraph;.
(f) Requiring any vendor of medical care as defined by
section 256B.02, subdivision 7, who is reimbursed by medical
assistance under a separate fee schedule, to pay any amount
based on utilization or service levels or any portion of the
vendor's fee to the nursing home except as payment for renting
or leasing space or equipment of the nursing home or purchasing
support services, if those from the nursing home as limited by
section 256B.433. All agreements are must be disclosed to the
commissioner; and upon request of the commissioner. Nursing
homes and vendors of ancillary services that are found to be in
violation of this provision shall each be subject to an action
by the state of Minnesota or any of its subdivisions or agencies
for treble civil damages on the portion of the fee in excess of
that allowed by this provision and section 256B.433. Damages
awarded must include three times the excess payments together
with costs and disbursements including reasonable attorney's
fees or their equivalent.
(g) Refusing, for more than 24 hours, to accept a resident
returning to the same bed or a bed certified for the same level
of care, in accordance with a physician's order authorizing
transfer, after receiving inpatient hospital services.
The prohibitions set forth in clause (b) shall not apply to
a retirement home with more than 325 beds including at least 150
licensed nursing home beds and which:
(1) is owned and operated by an organization tax-exempt
under section 290.05, subdivision 1, clause (i); and
(2) accounts for all of the applicant's assets which are
required to be assigned to the home so that only expenses for
the cost of care of the applicant may be charged against the
account; and
(3) agrees in writing at the time of admission to the home
to permit the applicant, or the applicant's guardian, or
conservator, to examine the records relating to the applicant's
account upon request, and to receive an audited statement of the
expenditures charged against the applicant's individual account
upon request; and
(4) agrees in writing at the time of admission to the home
to permit the applicant to withdraw from the home at any time
and to receive, upon withdrawal, the balance of the applicant's
individual account.
For a period not to exceed 180 days, the commissioner may
continue to make medical assistance payments to a nursing home
or boarding care home which is in violation of this section if
extreme hardship to the residents would result. In these cases
the commissioner shall issue an order requiring the nursing home
to correct the violation. The nursing home shall have 20 days
from its receipt of the order to correct the violation. If the
violation is not corrected within the 20-day period the
commissioner may reduce the payment rate to the nursing home by
up to 20 percent. The amount of the payment rate reduction
shall be related to the severity of the violation, and shall
remain in effect until the violation is corrected. The nursing
home or boarding care home may appeal the commissioner's action
pursuant to the provisions of chapter 14 pertaining to contested
cases. An appeal shall be considered timely if written notice
of appeal is received by the commissioner within 20 days of
notice of the commissioner's proposed action.
In the event that the commissioner determines that a
nursing home is not eligible for reimbursement for a resident
who is eligible for medical assistance, the commissioner may
authorize the nursing home to receive reimbursement on a
temporary basis until the resident can be relocated to a
participating nursing home.
Certified beds in facilities which do not allow medical
assistance intake on July 1, 1984, or after shall be deemed to
be decertified for purposes of section 144A.071 only.
Sec. 95. Minnesota Statutes 1986, section 256B.69,
subdivision 6, is amended to read:
Subd. 6. [SERVICE DELIVERY.] (a) Each demonstration
provider shall be responsible for the health care coordination
for eligible individuals. Demonstration providers:
(a) (1) shall authorize and arrange for the provision of
all needed health services including but not limited to the full
range of services listed in section 256B.02, subdivision 8, in
order to ensure appropriate health care is delivered to
enrollees;
(b) (2) shall accept the prospective, per capita payment
from the commissioner in return for the provision of
comprehensive and coordinated health care services for eligible
individuals enrolled in the program;
(c) (3) may contract with other health care and social
service practitioners to provide services to enrollees; and
(d) (4) shall institute recipient grievance procedures
according to the method established by the project, utilizing
applicable requirements of chapter 62D. Disputes not resolved
through this process shall be appealable to the commissioner as
provided in subdivision 11.
(b) Demonstration providers must comply with the standards
for claims settlement under section 72A.20, subdivision 12a,
paragraphs (d), (e), (g), and (h), when contracting with other
health care and social service practitioners to provide services
to enrollees. A demonstration provider must pay a clean claim,
as defined in Code of Federal Regulations, title 42, section
447.45(d), within 30 business days of the date of acceptance of
the claim.
Sec. 96. Minnesota Statutes 1986, section 256B.69,
subdivision 11, is amended to read:
Subd. 11. [APPEALS.] A recipient may appeal to the
commissioner a demonstration provider's delay or refusal to
provide services. The commissioner shall appoint a panel of
health practitioners, including social service practitioners, as
necessary to determine the necessity of services provided or
refused to a recipient. The deliberations and decisions of the
panel replace the administrative review process otherwise
available under this chapter 256. The panel shall follow the
time requirements and other provisions of the Code of Federal
Regulations, title 42, sections 431.200 to 431.246. The time
requirements shall be expedited based on request by the
individual who is appealing for emergency services. If a
service is determined to be necessary and is included among the
benefits for which a recipient is enrolled, the service must be
provided by the demonstration provider as specified in
subdivision 5. The panel's decision is a final agency
action that may be appealed under the contested case provisions
of chapter 14.
Sec. 97. Minnesota Statutes 1986, section 256B.69, is
amended by adding a subdivision to read:
Subd. 12. [JUDICIAL REVIEW.] A party aggrieved by an order
of the panel may appeal the order to the district court of the
county responsible for furnishing assistance by serving a
written copy of a notice of appeal upon the commissioner and any
adverse party of record within 30 days after the date the panel
issued the order and by filing the original notice and proof of
service with the court administrator of the district court.
Service may be made personally or by mail. Service by mail is
complete upon mailing. No filing fee shall be required by the
court administrator in appeals taken under this subdivision.
The commissioner may elect to become a party to the proceedings
in the district court. Any party may demand that the
commissioner furnish all parties to the proceedings with a copy
of the decision, and a transcript of any testimony, evidence, or
other supporting papers from the hearing held before the panel,
by serving a written demand on the commissioner within 30 days
after service of the notice of appeal.
Sec. 98. Minnesota Statutes 1986, section 256B.69, is
amended by adding a subdivision to read:
Subd. 13. [HEARING.] A party may obtain a hearing at a
special term of the district court by serving a written notice
of the time and place of the hearing at least ten days before
the date of the hearing. The court may consider the matter in
or out of chambers and shall take no new or additional evidence
unless it determines that the evidence is necessary for a more
equitable disposition of the appeal.
Sec. 99. Minnesota Statutes 1986, section 256B.69, is
amended by adding a subdivision to read:
Subd. 14. [APPEAL.] A party aggrieved by the order of the
district court may appeal the order as in other civil cases. No
costs or disbursements shall be taxed against a party nor shall
any filing fee or bond be required of a party.
Sec. 100. Minnesota Statutes 1986, section 256B.69, is
amended by adding a subdivision to read:
Subd. 15. [PAYMENTS PENDING APPEAL.] If the panel or
district court orders services paid or provided in any
proceeding under this section, it must be paid or provided
pending appeal to the district court, court of appeals, or
supreme court.
Sec. 101. Minnesota Statutes 1986, section 256B.69, is
amended by adding a subdivision to read:
Subd. 16. [PROJECT EXTENSION.] Minnesota Rules, parts
9550.1450; 9500.1451; 9500.1452; 9500.1453; 9500.1454;
9500.1455; 9500.1456; 9500.1457; 9500.1458; 9500.1459;
9500.1460; 9500.1461; 9500.1462; 9500.1463; and 9500.1464 are
extended until December 31, 1990.
Sec. 102. Minnesota Statutes 1986, section 256C.26, is
amended to read:
256C.26 [EMPLOYMENT SERVICES.]
The commissioner of jobs and training shall include in the
biennial plan submitted to the full productivity and opportunity
coordinator a method develop a plan to deal with the
underemployment of hearing impaired persons. The plan shall
provide for training regarding the nature of hearing handicaps
for department staff who consult with prospective employers or
who provide job placement services.
Sec. 103. Minnesota Statutes 1986, section 256D.03,
subdivision 3, is amended to read:
Subd. 3. [GENERAL ASSISTANCE MEDICAL CARE; ELIGIBILITY.]
Persons eligible for benefits under sections 256D.01 to 256D.21
and persons not eligible for federal health care benefits whose
nonexempt property, as determined according to medical
assistance standards, has an equity value no greater than $1,000
and whose income is not in excess of the medical assistance
standards shall be eligible for general assistance medical
care. Persons with excess income and resources may qualify for
benefits under this subdivision by spending down. Treatment of
income and resources in calculation of the spenddown shall be
the same as in the medical assistance program pursuant to
chapter 256B. General assistance medical care may be paid for
any person:
(1) who is eligible for assistance under section 256D.05 or
256D.051 and is not eligible for medical assistance under
chapter 256B; or
(2) who is a resident of Minnesota; whose income as
calculated under chapter 256B is not in excess of the medical
assistance standards or whose excess income is spent down
pursuant to chapter 256B; and whose equity in resources is not
in excess of $1,000 per assistance unit. Exempt real and liquid
assets, the reduction of excess assets, and the waiver of excess
assets must conform to the medical assistance program in chapter
256B.
Eligibility is available for the month of application and
for three months prior to application if the person was eligible
in those prior months. A redetermination of eligibility must
occur every 12 months.
Sec. 104. Minnesota Statutes 1986, section 256D.03, is
amended by adding a subdivision to read:
Subd. 3a. [CLAIMS; ASSIGNMENT OF BENEFITS.] Claims must be
filed pursuant to section 256D.16. General assistance medical
care applicants and recipients must apply or agree to apply
third party health and accident benefits to the costs of medical
care. They must cooperate with the state in establishing
paternity and obtaining third party payments. By signing an
application for general assistance, a person assigns to the
department of human services all rights to medical support or
payments for medical expenses from another person or entity on
their own or their dependent's behalf and agrees to cooperate
with the state in establishing paternity and obtaining third
party payments. The application shall contain a statement
explaining the assignment. Any rights or amounts assigned shall
be applied against the cost of medical care paid for under this
chapter. An assignment is effective on the date general
assistance medical care eligibility takes effect. The
assignment shall not affect benefits paid or provided under
automobile accident coverage and private health care coverage
until the person or organization providing the benefits has
received notice of the assignment.
Sec. 105. Minnesota Statutes 1986, 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:
(1) outpatient services provided by a mental health center
or clinic that is under contract with the county board and is
certified under Minnesota Rules, parts 9520.0750 to 9520.0870;
(2) day treatment services provided under contract with the
county board; and
(3) 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 commissioner of human
services shall select vendors of medical care who can provide
the most economical care consistent with high medical standards
and shall where possible contract with organizations on a
prepaid capitation basis to provide these services. The
commissioner shall consider proposals by counties and vendors
for 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. The rates payable under this section must be
calculated according to section 256.966, subdivision 2 256B.031,
subdivision 4.
(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, 1985, to 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 30 percent; payments for all other
inpatient hospital care may be reduced no more than 20 percent.
Reductions below the payments allowable under general assistance
medical care for the remaining general assistance medical care
services allowable under this subdivision may be reduced no more
than ten percent.
For the period January 1, 1986 to 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 20 percent; payments for all other
inpatient hospital care may be reduced no more than 15 percent.
Reductions below the payments allowable under general assistance
medical care for the remaining general assistance medical care
services allowable under this subdivision may be reduced no more
than 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.
For the period July 1, 1987, to June 30, 1988, 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 five 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.
For the period July 1, 1988, to June 30, 1989, 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 not be reduced. 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.
(e) Chemical dependency services that are reimbursed under
Laws 1986, chapter 394, sections 8 to 20, must not be reimbursed
under general assistance medical care.
(f) The maximum payment for new vendors enrolled in the
general assistance medical care program after the base year
shall be determined from the average usual and customary charge
of the same vendor type enrolled in the base year.
Sec. 106. Minnesota Statutes 1986, section 256D.05, is
amended by adding a subdivision to read:
Subd. 5. [TRANSFERS OF PROPERTY.] The equity value of real
and personal property transferred without reasonable
compensation within 12 months preceding the date of application
for general assistance must be included in determining the
resources of an assistance unit in the same manner as in the aid
to families with dependent children program under chapter 256.
Sec. 107. Minnesota Statutes 1986, section 256D.22, is
amended to read:
256D.22 [REIMBURSEMENT OF COUNTIES BY STATE RELATING TO
PUBLIC ASSISTANCE.]
To the extent of appropriations available therefor, the
department of human services shall reimburse
counties Subdivision 1. [DISTRIBUTION FORMULA.] Beginning July
1, 1988, and to the extent of appropriations available, the
commissioner of human services shall reimburse counties'
administrative costs in the following manner:
(a) 50 percent of the available appropriation shall be
distributed to counties as reimbursement for up to 50 percent of
all salary expenses, approved by the commissioner, incurred and
paid by the counties, for which no payment or reimbursement is
made by the United States or any subdivision thereof, in
administering, and salary administrative costs in providing
services in connection with, all public assistance programs.
(b) 25 percent of the available appropriation shall be
distributed to counties based on each county's proportionate
share of the state's aid to families with dependent children and
medical assistance caseloads; provided, however, that each
county's share shall be reduced by a direct percentage equal to
the sum of that county's percentage of overdue aid to families
with dependent children eligibility reviews added to that
county's percentage of overdue quarterly asset reviews for
medical assistance eligibility, as calculated for the quarter
immediately preceding each quarter in which this payment is
made. Any money accruing as a result of these reductions shall
be rolled over and distributed as provided for in this paragraph
during the next quarterly payment.
(c) 25 percent of the available appropriation shall be
distributed to counties based on each county's proportionate
share of the state's total number of children served under the
community social services act as calculated for the quarter
immediately preceding each quarter in which this payment is
made; provided, however, that a county's share shall be reduced
by a direct percentage equal to the county's percentage increase
in child out-of-home placement days above the number of child
out-of-home placement days for the quarter immediately preceding
the quarter in which this payment is calculated. Any money
accruing as a result of reductions in county shares shall be
rolled over and distributed as provided in this paragraph during
the next quarterly payment.
Subd. 2. [EXCEPTIONS.] No aid under this section shall be
paid for salary costs of (a) single-county welfare directors; or
(b) fiscal support personnel to the extent involved in the
processing of public assistance claims and payments, or their
supporting clerical staff; or (c) persons who are not regularly
assigned employees of local agencies.
Subd. 3. [CLAIMS.] Claims for reimbursement for
expenditures made by the county shall be presented to the
department by the respective counties at least four times per
year in such manner as the commissioner shall prescribe.
Subd. 4. [DEFINITIONS.] For the purposes of this
section, (a) the term "salary" shall include regular
compensation not in excess of that paid similarly situated state
employees, the employer's cost of health benefits and
contributions to the appropriate retirement system, but shall
not include travel or other reimbursable expenses. The
commissioner shall, pursuant to the administrative procedure
act, prior to making any payments, promulgate rules to implement
this section; (b) the term "child out-of-home placement days"
includes those days when a child is a resident in a regular
treatment center, residential treatment facility, juvenile group
home, foster home, or temporary emergency shelter home; and (c)
the term "child" means a person under 21 years of age.
Sec. 108. Minnesota Statutes 1986, section 256D.37,
subdivision 1, is amended to read:
Subdivision 1. (a) For all 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 an adult with mental illness in a
facility licensed under Minnesota Rules, parts 9520.0500 to
9520.0690, 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 for 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 Minnesota supplemental aid may not be used to pay a
negotiated rate for adults with mental illness in a facility
licensed by the commissioner of human services under Minnesota
Rules, parts 9520.0500 to 9520.0690 or a facility that, on
August 1, 1984, was licensed by the commissioner of human
services under Minnesota Rules, parts 9525.0520 to 9525.0660,
but funded as a supplemental aid negotiated rate facility under
this chapter. The following facilities are exempt from the
limit on negotiated rates and must be reimbursed for documented
actual costs, until June 30, 1987 an alternative reimbursement
system covering services excluding room and board maintenance
services is developed by the commissioner:
(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 does not receive supplemental program funding under
Minnesota Rules, parts 9535.2000 to 9535.3000 or parts 9553.0010
to 9553.0080. Beginning July 1, 1987, these the facilities
under clause (1) 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 (CPI-U U.S. city
average), as published by the Bureau of Labor Statistics between
the previous two Octobers Septembers, new series index
(1967-100) or 2.5 percent, whichever is less. 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 must be the same as the earned income disregard
available to disabled persons in the supplemental security
income program and all actual work expenses shall must 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. 109. Minnesota Statutes 1986, 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 shall make 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, 1987 1989.
Sec. 110. Minnesota Statutes 1986, section 257.35, is
amended to read:
257.35 [CITATION.]
Sections 257.35 to 257.357 and sections 257.3571 to
257.3579 may be cited as the "Minnesota Indian family
preservation act."
Sec. 111. Minnesota Statutes 1986, section 257.351, is
amended by adding a subdivision to read:
Subd. 3a. [COMMISSIONER.] "Commissioner" means the
commissioner of human services.
Sec. 112. Minnesota Statutes 1986, section 257.351, is
amended by adding a subdivision to read:
Subd. 4a. [FAMILY-BASED SERVICES.] "Family-based services"
means intensive family-centered services to families primarily
in their own home and for a limited time.
Sec. 113. Minnesota Statutes 1986, section 257.351, is
amended by adding a subdivision to read:
Subd. 8a. [INDIAN ORGANIZATION.] "Indian organization"
means an organization providing child welfare services that is
legally incorporated as a nonprofit organization, is registered
with the secretary of state, and is governed by a board of
directors having at least a majority of Indian directors.
Sec. 114. Minnesota Statutes 1986, section 257.351, is
amended by adding a subdivision to read:
Subd. 11a. [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.
Sec. 115. Minnesota Statutes 1986, section 257.351, is
amended by adding a subdivision to read:
Subd. 11b. [PLACEMENT PREVENTION AND FAMILY REUNIFICATION
SERVICES.] "Placement prevention and family reunification
services" means services designed to help children remain with
their families or to reunite children with their parents.
Sec. 116. Minnesota Statutes 1986, section 257.351,
subdivision 15, is amended to read:
Subd. 15. [TRIBAL COURT.] "Tribal court" means a court
with federally recognized jurisdiction over child custody
proceedings which is either a court of Indian offenses, or a
court established and operated under the code or custom of an
Indian tribe, or the administrative body of a tribe which is
vested with authority over child custody proceedings. Except as
provided in section 257.354, subdivision 5, nothing in this
chapter shall be construed as conferring jurisdiction on an
Indian tribe.
Sec. 117. Minnesota Statutes 1986, section 257.354,
subdivision 4, is amended to read:
Subd. 4. [EFFECT OF TRIBAL COURT PLACEMENT ORDERS.] To the
extent that any child subject to sections 257.35 to 257.357 is
otherwise eligible for social services, orders of a tribal court
concerning placement of such child shall have the same force and
effect as orders of a court of this state. In any case where
the tribal court orders placement through a local social service
agency, the court shall provide to the local agency notice and
an opportunity to be heard regarding the
placement. Determination of county of financial responsibility
for the placement shall be determined by the local social
service agency and shall be subject to review by the
commissioner in accordance with sections 14.01 to 14.69 section
256E.08. Disputes concerning the county of financial
responsibility shall be settled in the manner prescribed in
section 256D.18, subdivision 4.
Sec. 118. Minnesota Statutes 1986, section 257.354, is
amended by adding a subdivision to read:
Subd. 5. The commissioner is hereby authorized to enter
into agreements with Indian tribes pursuant to United States
Code, title 25, section 1919, respecting care and custody of
Indian children and jurisdiction over child custody proceedings,
including agreements which may provide for orderly transfer of
jurisdiction on a case-by-case basis and agreements which
provide for concurrent jurisdiction between the state and an
Indian tribe.
Sec. 119. [257.3571] [INDIAN CHILD WELFARE GRANTS.]
Subdivision 1. [PRIMARY SUPPORT GRANTS.] The commissioner
shall establish direct grants to Indian tribes and Indian
organizations to provide primary support for Indian child
welfare programs to implement the Indian family preservation act.
Subd. 2. [SPECIAL FOCUS GRANTS.] The commissioner shall
establish direct grants to local social service agencies,
tribes, Indian organizations, and other organizations for
placement prevention and family reunification services for
Indian children.
Subd. 3. [REQUEST FOR PROPOSALS.] The commissioner shall
request proposals for primary support for Indian child welfare
programs and special focus programs under subdivisions 1 and 2,
and specify the information and criteria required.
Sec. 120. [257.3572] [GRANT APPLICATIONS.]
A tribe or Indian organization may apply for primary
support grants under section 108, subdivision 1. A local social
service agency, tribe, Indian organization, or other social
service organization may apply for special focus grants under
section 257.3571, subdivision 2. Application may be made alone
or in combination with other tribes or Indian organizations.
Sec. 121. [257.3573] [ELIGIBLE SERVICES.]
Subdivision 1. [TYPES OF SERVICES.] (a) Eligible Indian
child welfare services provided under primary support grants
include:
(1) placement prevention and reunification services;
(2) family-based services;
(3) individual and family counseling;
(4) access to professional individual, group, and family
counseling;
(5) crisis intervention and crisis counseling;
(6) development of foster and adoptive placement resources,
including recruitment, licensing, and support;
(7) court advocacy;
(8) training and consultation to county and private social
service agencies regarding the Indian child welfare act and the
Minnesota Indian family preservation act;
(9) advocacy in working with the county and private social
service agencies, and activities to help provide access to
agency services, including but not limited to 24-hour caretaker
and homemaker services, day care, emergency shelter care up to
30 days in 12 months, access to emergency financial assistance,
and arrangements to provide temporary respite care to a family
for up to 72 hours consecutively or 30 days in 12 months.
(10) transportation services to the child and parents to
prevent placement or reunite the family; and
(11) other activities and services approved by the
commissioner that further the goals of the Indian child welfare
act and the Indian family preservation act, including but not
limited to recruitment of Indian staff for local social service
agencies and licensed child placing agencies. The commissioner
may specify the priority of an activity and service based on its
success in furthering these goals.
(b) Eligible services provided under special focus grants
include;
(1) permanency planning activities that meet the special
needs of Indian families;
(2) teenage pregnancy;
(3) independent living skills;
(4) family and community involvement strategies to combat
child abuse and chronic neglect of children;
(5) coordinated child welfare and mental health services to
Indian families;
(6) innovative approaches to assist Indian youth to
establish better self-image, decrease isolation, and decrease
the suicide rate;
(7) expanding or improving services by packaging and
disseminating information on successful approaches or by
implementing models in Indian communities relating to the
development or enhancement of social structures that increase
family self-reliance and links with existing community resources;
(8) family retrieval services to help adopted individuals
reestablish legal affiliation with the Indian tribe; and
(9) other activities and services approved by the
commissioner that further the goals of the Indian child welfare
act and the Indian family preservation act. The commissioner
may specify the priority of an activity and service based on its
success in furthering these goals.
(c) The commissioner shall give preference to programs that
use Indian staff, contract with Indian organizations or tribes,
or whose application is a joint effort between the Indian and
non-Indian community to achieve the goals of the Indian child
welfare act and the Minnesota Indian family preservation act.
Programs must have input and support from the Indian community.
Subd. 2. [INAPPROPRIATE EXPENDITURES.] Indian child
welfare grant money must not be used for:
(1) child day care necessary solely because of employment
or training for employment of a parent or other relative with
whom the child is living;
(2) foster care maintenance or difficulty of care payments;
(3) residential facility payments;
(4) adoption assistance payments;
(5) 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
(6) administrative costs for income maintenance staff.
Sec. 122. [257.3574] [CONTINUED LEGAL RESPONSIBILITY OF
LOCAL SOCIAL SERVICE AGENCIES.]
The legal responsibility of local social service agencies
to provide Indian child welfare services continues, and existing
services must not be reduced because of the availability of
these funds.
Sec. 123. [257.3575] [PAYMENTS; REQUIRED REPORTS.]
Subdivision 1. [PAYMENTS.] The commissioner shall make
grant payments to each approved program in four quarterly
installments a year. The commissioner may certify an advance
payment for the first quarter of the state fiscal year. Later
payments must be made upon receipt by the state of a quarterly
report on finances and program activities.
Subd. 2. [QUARTERLY REPORT.] Each quarter, an approved
program receiving an Indian child welfare grant shall submit a
report to the commissioner that includes:
(1) a detailed accounting of grant money expended during
the preceding quarter, specifying expenditures by line item and
year to date; and
(2) a description of Indian child welfare activities
conducted during the preceding quarter, including the number of
clients served and the type of services provided.
The quarterly reports must be submitted no later than 15
days after the end of each quarter of the state fiscal year.
Subd. 3. [FINAL REPORT.] A final evaluation report must be
submitted by each approved program. It must include client
outcomes, cost and effectiveness in meeting the goals of the
Indian family preservation act and permanency planning goals.
Sec. 124. [257.3576] [MONITORING AND EVALUATION.]
The commissioner shall design and implement methods for
monitoring the delivery and evaluating the effectiveness of
Indian child welfare services funded through these grants.
Sec. 125. [257.3577] [GRANT FORMULA.]
Subdivision 1. [PRIMARY SUPPORT GRANTS.] (a) The amount
available for grants established under section 108, subdivision
1, to tribes and Indian organization grants is four-fifths of
the total annual appropriation for Indian child welfare grants.
(b) The commissioner shall award tribes at least 70 percent
of the amount set in paragraph (a) for primary support grants.
Each tribe shall be awarded a base amount of five percent of the
total amount set in this paragraph. In addition, each tribe
shall be allocated a proportion of the balance of the amount set
in this paragraph, less the total base amounts for all
reservations. This proportion must equal the ratio of the
tribe's on-reservation population to the state's total
on-reservation population. Population data must be based on the
most recent federal census data according to the state
demographer's office.
(c) The commissioner shall award Indian organizations up to
30 percent of the amount set in paragraph (a) for primary
support grants. A maximum of four multiservice Indian
organizations may be awarded grants under this paragraph.
"Multiservice Indian organizations" means Indian organizations
recognized by the Indian community as providing a broad
continuum of social, educational, or cultural services,
including Indian child welfare services designed to meet the
unique needs of the Indian communities in Minneapolis, St. Paul,
and Duluth. Grants may be awarded to programs that submit
acceptable proposals, comply with the goals and the application
process of the program, and have budgets that reflect
appropriate and efficient use of funds.
Subd. 2. [SPECIAL FOCUS GRANTS.] The amount available for
grants established under section 257.3571, subdivision 2 for
local social service agencies, tribes, Indian organizations, and
other social services organizations is one-fifth of the total
annual appropriation for Indian child welfare grants. The
maximum award under this subdivision is $100,000 a year for
programs approved by the commissioner.
Sec. 126. [257.3578] [UNDISTRIBUTED FUNDS.]
Undistributed funds must be reallocated by the department
of human services to any other grant categories established
under section 257.3571, subdivision 1 or 2 for the goals of this
grant process. Undistributed funds are available until expended.
Sec. 127. [257.3579] [AMERICAN INDIAN ADVISORY TASK
FORCE.]
Subdivision 1. [CREATION OF TASK FORCE.] The commissioner
shall appoint an American Indian advisory task force to help
formulate policies and procedures relating to Indian child
welfare services and to make recommendations regarding approval
of grants provided under section 257.3571, subdivisions 1 and
2. The task force shall consist of 17 members appointed by the
commissioner and must include representatives of each of the 11
Minnesota reservations who are authorized by tribal resolution,
one representative from the Duluth Urban Indian Community, three
representatives from the Minneapolis Urban Indian Community, and
two representatives from the St. Paul Urban Indian Community.
Representatives from the urban Indian communities must be
selected through an open appointments process under section
15.0597. The task force shall expire on June 30, 1991. The
terms, compensation, and removal of American Indian advisory
task force members shall be as provided in section 15.059.
Sec. 128. Minnesota Statutes 1986, section 268.0111,
subdivision 8, is amended to read:
Subd. 8. [SERVICE PROVIDER.] "Service provider" means a
public, private, or nonprofit agency that is capable of
providing or administrating one or more of the employment and
training services or income maintenance and support services or
administering one or more of the programs for which the full
productivity and opportunity coordinator has responsibility
under this section.
Sec. 129. Minnesota Statutes 1986, section 268.0122,
subdivision 2, is amended to read:
Subd. 2. [SPECIFIC POWERS.] The commissioner of jobs and
training shall:
(1) administer and supervise all forms of unemployment
insurance provided for under federal and state laws that are
vested in the commissioner;
(2) administer and supervise all employment and training
services assigned to the department of jobs and training under
federal or state law;
(3) review and comment on local service unit plans and
community investment program plans and, with the concurrence of
the coordinator, approve or disapprove the plans;
(4) establish and maintain administrative units necessary
to perform administrative functions common to all divisions of
the department;
(5) supervise the county boards of commissioners, local
service units, and any other units of government designated in
federal or state law as responsible for employment and training
programs;
(6) establish administrative standards and payment
conditions for providers of employment and training services;
(7) act as the agent of, and cooperate with, the federal
government in matters of mutual concern, including the
administration of any federal funds granted to the state to aid
in the performance of functions of the commissioner; and
(8) obtain reports from local service units and service
providers for the purpose of evaluating the performance of
employment and training services.
Sec. 130. Minnesota Statutes 1986, section 268.0122,
subdivision 3, is amended to read:
Subd. 3. [DUTIES AS A STATE AGENCY.] The commissioner
shall:
(1) administer the unemployment insurance laws and related
programs;
(2) administer the aspects of aid to families with
dependent children, general assistance, work readiness, and food
stamps that relate to employment and training services, subject
to the limitations of federal regulations;
(3) administer wage subsidies and recommend to the
coordinator the use of the discretionary portion of wage subsidy
appropriations;
(4) administer a national system of public employment
offices as prescribed by United States Code, title 29, chapter
4B, the Wagner-Peyser Act, and other federal employment and
training programs;
(5) cooperate with the federal government and its
employment and training agencies in any reasonable manner as
necessary to qualify for federal aid for employment and training
services and money;
(6) enter into agreements with other departments of the
state and local units of government as necessary;
(7) certify competent service providers and, with the
concurrence of the coordinator, decertify service providers that
fail to comply with performance criteria according to standards
established by the coordinator commissioner;
(8) provide consistent, integrated employment and training
services across the state;
(9) establish the standards for all employment and training
services administered under this chapter;
(10) develop standards for the contents and structure of
the county plans;
(11) provide current state and substate labor market
information and forecasts, in cooperation with other agencies;
(12) prepare a plan and submit it to the coordinator in
each even-numbered year, according to standards established by
the coordinator, for use in developing a statewide employment
and training plan;
(13) (12) identify underserved populations, unmet service
needs, and funding requirements;
(14) (13) consult with the council for the blind on matters
pertaining to programs and services for the blind and visually
impaired; and
(15) (14) submit to the governor, the coordinator, the
commissioners of human services and finance, and the chairs of
the senate finance and house appropriations committees a
semiannual report that:
(a) reports, by client classification, an unduplicated
count of the kinds and number of services furnished through each
program administered or supervised by the department or
coordinated with it;
(b) reports on the number of job openings listed,
developed, available, and obtained by clients;
(c) identifies the number of cooperative agreements in
place, the number of individuals being served, and the kinds of
service provided them;
(d) evaluates the performance of services, such as wage
subsidies, community investments, work readiness, and grant
diversions; and
(e) explains the effects of current employment levels,
unemployment rates, and program performance on the unemployment
insurance fund and general assistance, work readiness, and aid
to families with dependent children caseloads and program
expenditures.
Sec. 131. Minnesota Statutes 1986, section 268.36, is
amended to read:
268.36 [REPORT TO THE COORDINATOR AND THE LEGISLATURE.]
The commissioner, after consultation with the local service
units and providers of employment and training services, shall
evaluate the effectiveness of youth employment programs, taking
into account the extent of all programs which are providing
summer employment opportunities for youth, and shall report to
the coordinator and the legislature no later than January 15 of
each even-numbered year with an evaluation of this and other
programs and any recommendations for improvements.
Sec. 132. Minnesota Statutes 1986, section 268.37,
subdivision 3, is amended to read:
Subd. 3. The commissioner shall promulgate emergency rules
as necessary to administer the grants program and shall
promulgate permanent rules by July 1, 1980. The rules shall
describe: (a) procedures for the administration of grants, (b)
data to be reported by grant recipients, and (c) other matters
the commissioner finds necessary for the proper administration
of the grant program including compliance with relevant federal
regulations. Weatherization assistance shall be given to
households where the total income does not exceed 125 percent of
the poverty level as updated by the federal office of management
and budget poverty guidelines. The commissioner must require
that a rental unit weatherized under this section be rented to a
household meeting the income limits of the program for 24 of the
36 months after weatherization is complete. In applying this
restriction to multiunit buildings weatherized under this
section, the commissioner shall require that occupancy continue
to reflect the proportion of eligible households in the building
at the time of weatherization. The commissioner shall report by
February 1, 1988, to the chair of the health and human services
divisions of the house appropriations and senate finance
committees all steps taken to implement the requirement
restricting rental of weatherized units to eligible households.
Sec. 133. Minnesota Statutes 1986, section 268.53,
subdivision 1, is amended to read:
Subdivision 1. [IN GENERAL.] A community action agency is
a political subdivision of the state, a combination of political
subdivisions, a public agency, or a private nonprofit agency
which has the authority under its applicable charter or laws to
receive funds under section 268.52 to support community action
programs as described in section 268.54 and which was designated
as an eligible entity under the Community Services Block Grant
Act, Public Law Number 97-35, section 673(1), 95 Stat. 357, 512
(1981), as amended by, Act of October 30, 1984, Public Law
Number 98-558, section 202, 98 Stat. 2878, 2884 (1984). For
purposes of this subdivision, "eligible entity" also means any
community action agency which qualified under all federal and
state regulations applicable during the period from 1981 to
September 30, 1984.
Sec. 134. Minnesota Statutes 1986, section 268.673, is
amended by adding a subdivision to read:
Subd. 4a. [CONTRACTS WITH SERVICE PROVIDERS.] The
commissioner shall contract directly with a certified local
service provider to deliver wage subsidies if (1) each county
served by the provider agrees to the contract and knows the
amount of wage subsidy money allocated to the county under
section 268.6751, and (2) the provider agrees to meet regularly
with each county being served.
Sec. 135. Minnesota Statutes 1986, section 268.673,
subdivision 5, is amended to read:
Subd. 5. [REPORT.] Each eligible local service unit entity
delivering wage subsidies shall report to the commissioner and
the coordinator on a quarterly basis:
(1) the number of persons employed placed in private sector
jobs, in temporary public sector jobs, or in other services;
(2) the outcome for each participant placed in a private
sector job, in a temporary public sector job, or in another
service;
(3) the number and type of employers employing persons
under the program;
(3) (4) the amount of money spent in each eligible local
service unit for wages for each type of employment and each type
of other expense;
(4) (5) the number age, educational experience, family
status, gender, priority group status, race, and work experience
of persons who have completed participation each person in the
program and their current employment, educational, or training
status;
(6) the amount of wages received by persons while in the
program and 60 days after completing the program;
(7) for each classification of persons described in clause
(5), the outcome of the wage subsidy placement, including length
of time employed; nature of employment, whether private sector,
temporary public sector, or other service; and the hourly wages;
and
(5) (8) any other information requested by the commissioner
or the coordinator. Each report must include cumulative
information, as well as information for each quarter.
Data collected on individuals under this subdivision are
private data on individuals as defined in section 13.02,
subdivision 12, except that summary data may be provided under
section 13.05, subdivision 7.
Sec. 136. Minnesota Statutes 1986, section 268.6751 is
amended to read:
Subdivision 1. [WAGE SUBSIDIES.] Wage subsidy money must
be allocated to eligible local service units in the following
manner:
(a) The commissioner shall allocate 70 87.5 percent of the
funds available for allocation to eligible local service units
for wage subsidy programs as follows: the proportion of the
wage subsidy money available to each eligible local service unit
must be based on the number of unemployed persons in the
eligible local service unit for the most recent six-month period
and the number of work readiness assistance cases and aid to
families with dependent children cases in the eligible local
service unit for the most recent six-month period.
(b) Thirty Five percent of the money available for wage
subsidy programs must be allocated at the direction and
discretion of the coordinator commissioner.
(c) Seven and one-half percent of the money available for
wage subsidy programs must be allocated at the discretion of the
commissioner to provide jobs for residents of federally
recognized Indian reservations. The commissioner shall
distribute the discretionary portion of wage subsidy
appropriations at the request of the coordinator. For the
biennium ending June 30, 1987, up to 25 percent of the
discretionary portion of the wage subsidy appropriation may be
used to support the office of full productivity and opportunity
and the development of an intake, referral, and inventory
system. In allocating the remaining discretionary portion of
the wage subsidy appropriation, the coordinator shall give
priority to eligible local service units that have:
(1) high numbers of farmers who can demonstrate severe
household financial need;
(2) demonstrated success in placing public assistance
applicants in private sector jobs;
(3) demonstrated need beyond the allocation distributed
under paragraph (a);
(4) maximized use of money through coordination with other
programs and state, local, and federal agencies, and through the
use of matching money from private and nonprofit sources;
(5) demonstrated need to provide special assistance in
order to serve unemployed persons who incur unusual costs such
as necessary relocation expenses; or
(6) areas with high unemployment rates.
(d) By December 31 of each fiscal year, providers and local
service units receiving wage subsidy money shall report to the
commissioner on the use of allocated funds. The commissioner
shall reallocate uncommitted funds for each fiscal year
according to the formula in paragraph (a).
Subd. 2. [EMERGENCY WAGE SUBSIDIES.] (a) The
coordinator commissioner shall monitor local and statewide
unemployment rates. Upon determining that an economic emergency
exists in one or more local service units, the coordinator
commissioner may implement an emergency wage subsidy program and
recommend to the governor to pursue ways to increase the wage
subsidy money available to local service units in the affected
area or areas from sources other than the appropriation
allocated under subdivision 1.
(b) When the unemployment rate for the state of Minnesota
equals or exceeds nine percent, the coordinator commissioner
shall implement a statewide emergency wage subsidy program and
shall recommend to the governor to pursue ways to increase money
available for wage subsidies.
Sec. 137. Minnesota Statutes 1986, section 268.676, is
amended to read:
268.676 [ALLOCATION WITHIN ELIGIBLE LOCAL SERVICE UNITS;
PRIORITIES AMONG APPLICANTS; EMPLOYERS.]
Subdivision 1. [AMONG JOB APPLICANTS.] Allocation At least
80 percent of funds allocated among eligible job
applicants within an eligible local service unit shall give
priority statewide must be allocated to:
(1) applicants living in households with no other income
source;
(2) applicants whose incomes and resources are less than
the standards for eligibility for general assistance or work
readiness;
(3) applicants who are eligible for aid to families with
dependent children; and
(4) applicants who live in a farm household who demonstrate
severe household financial need.
Subd. 2. [AMONG EMPLOYERS.] Allocation of funds among
eligible employers within an eligible local service unit shall
give priority to funding private sector jobs to the extent that
eligible businesses apply for funds. If possible, no more than
25 percent of the statewide funds available for wages may be
allocated for temporary jobs with eligible government and
nonprofit agencies, or for temporary community investment
program jobs with eligible government agencies during the
biennium. This subdivision does not apply to jobs for residents
of federally recognized Indian reservations.
Sec. 138. Minnesota Statutes 1986, section 268.677,
subdivision 1, is amended to read:
Subdivision 1. To the extent allowable under federal and
state law, wage subsidy money must be pooled and used in
combination with money from other employment and training
services or income maintenance and support services. At least
75 percent of the money appropriated for wage subsidies must be
used to pay wages for eligible job applicants. For each
eligible job applicant employed, the maximum state contribution
from any combination of public assistance grant diversion and
employment and training services governed under this chapter,
including wage subsidies, is $4 per hour for wages and $1 per
hour for fringe benefits. In addition, The use of wage
subsidies are is limited as follows:
(a) For each eligible job applicant placed in private or
nonprofit employment, the state may subsidize wages for a
maximum of 1,040 hours over a period of 26 weeks. Employers are
encouraged to use money from other sources to provide increased
wages to applicants they employ.
(b) For each eligible job applicant participating in a job
training program and placed in private sector employment, the
state may subsidize wages for a maximum of 1,040 hours over a
period of 52 weeks.
(c) For each eligible job applicant placed in a community
investment program job, the state may provide wage subsidies for
a maximum of 780 hours over a maximum of 26 weeks. For an
individual placed in a community investment program job, the
county share of the wage subsidy shall be 25 percent. Counties
may use money from sources other than public assistance and wage
subsidies, including private grants, contributions from
nonprofit corporations and other units of government, and other
state money, to increase the wages or hours of persons employed
in community investment programs.
(d) Notwithstanding the limitations of paragraphs (a) and
(b), money may be used to provide a state contribution for wages
and fringe benefits in private sector jobs for eligible
applicants who had previously held temporary jobs with eligible
government and nonprofit agencies or who had previously held
community investment program jobs for which a state contribution
had been made, and who are among the priority groups established
in section 268.676, subdivision 1. The use of money under this
paragraph shall be for a maximum of 1,040 hours over a maximum
period of 26 weeks per job applicant.
Sec. 139. Minnesota Statutes, section 268.678, subdivision
1, is amended to read:
Subdivision 1. [GENERAL POWERS.] Eligible local service
units have the powers and duties given in this section and any
additional duties given by the coordinator or the commissioner.
Sec. 140. Minnesota Statutes 1986, section 268.678,
subdivision 4, is amended to read:
Subd. 4. [CONTRACTS.] Each eligible local service unit
that has not agreed to a contract under section 122, may enter
into contracts with certified service providers to deliver wage
subsidies.
Sec. 141. Minnesota Statutes 1986, section 268.681,
subdivision 2, is amended to read:
Subd. 2. [PRIORITIES.] (a) In allocating funds among
eligible businesses, the eligible local service unit or its
contractor shall give priority to:
(1) businesses engaged in manufacturing;
(2) nonretail businesses that are small businesses as
defined in section 645.445; and
(3) businesses that export products outside the state.
(b) In addition to paragraph (a), an eligible local service
unit must give priority to businesses which best satisfy the
following criteria that:
(a) (1) have a high potential for growth and long-term job
creation;
(b) (2) are labor intensive;
(c) meet the definition of a small business as defined in
section 645.445;
(d) (3) make high use of local and Minnesota resources;
(e) (4) are under ownership of women and minorities;
(f) (5) make high use of new technology;
(g) (6) produce energy conserving materials or services or
are involved in development of renewable sources of energy; and
(h) (7) have their primary place of business in Minnesota.
Sec. 142. Minnesota Statutes 1986, section 268.681,
subdivision 3, is amended to read:
Subd. 3. [PAYBACK.] A business receiving wage subsidies
shall repay 70 percent of the amount initially received for each
eligible job applicant employed, if the employee does not
continue in the employment of the business beyond the six-month
subsidized period. If the employee continues in the employment
of the business for one year or longer after the six-month
subsidized period, the business need not repay any of the funds
received for that employee's wages. If the employee continues
in the employment of the business for a period of less than one
year after the expiration of the six-month subsidized period,
the business shall receive a proportional reduction in the
amount it must repay. If an employer dismisses an employee for
good cause and works in good faith with the eligible local
service unit or its contractor to employ and train another
person referred by the eligible local service unit or its
contractor, the payback formula shall apply as if the original
person had continued in employment.
A repayment schedule shall be negotiated and agreed to by
the eligible local service unit and the business prior to the
disbursement of the funds and is subject to renegotiation. The
eligible local service unit shall forward 25 percent of the
payments received under this subdivision to the commissioner on
a monthly basis and shall retain the remaining 75 percent for
local program expenditures. Notwithstanding section 268.677,
subdivision 2, the local service unit may use up to 20 percent
of its share of the funds returned under this subdivision for
any administrative costs associated with the collection of the
funds under this subdivision. At least 80 percent of the local
service unit's share of the funds returned under this
subdivision must be used as provided in section 268.677. The
commissioner shall deposit these payments forwarded to the
commissioner under this subdivision in the Minnesota wage
subsidy account created by subdivision 4.
Sec. 143. Minnesota Statutes 1986, section 268.871,
subdivision 1, is amended to read:
Subdivision 1. [RESPONSIBILITY AND CERTIFICATION.] Unless
prohibited by federal law or otherwise determined by state
law or the coordinator, a local service unit is responsible for
the delivery of employment and training services. After
February 1, 1986, employment and training services must be
delivered by public, nonprofit, or private service providers
that are certified to provide the services.
Sec. 144. Minnesota Statutes 1986, section 268.88, is
amended to read:
268.88 [LOCAL SERVICE UNIT PLANS.]
(a) Local service units shall prepare and submit to the
commissioner by October 15 of each year an annual plan for the
subsequent calendar year. The commissioner shall notify each
local service unit by December 1 of each year if its plan has
been approved or disapproved. The plan must include:
(1) a statement of objectives for the employment and
training services the local service unit administers;
(2) the establishment of public assistance caseload
reduction goals and the strategies that will be used to achieve
these goals;
(3) a statement of whether the goals from the preceding
year were met and an explanation if the local service unit
failed to meet the goals;
(4) the amount proposed to be allocated to each employment
and training service;
(5) the proposed types of employment and training services
the local service unit plans to utilize;
(6) a report on the use of wage subsidies, grant
diversions, community investment programs, sliding fee day care,
and other services administered under this chapter;
(7) an annual update of the community investment program
plan according to standards established by the commissioner; and
(8) a performance review of service providers delivering
employment and training services.
(b) In counties with a city of the first class, the county
and the city shall develop and submit a joint plan. The plan
may not be submitted until agreed to by both the city and the
county. The plan must provide for the direct allocation of
employment and training money to the city and the county unless
waived by either. If the county and the city cannot concur on a
plan, the coordinator commissioner shall resolve their dispute.
(c) The commissioner may withhold the distribution of
employment and training money from a local service unit that
does not submit a plan to the commissioner by the date set by
this section, and shall withhold the distribution of employment
and training money from a local service unit whose plan has been
disapproved by the coordinator commissioner until an acceptable
amended plan has been submitted.
(d) For 1985, local service unit plans must be submitted by
November 1, 1985 and must include:
(1) a statement of objectives for the employment and
training services the local service unit administers;
(2) the establishment of public assistance caseload
reduction goals and the strategies that will be used to achieve
these goals;
(3) the amount proposed to be allocated to each employment
and training service;
(4) the proposed employment and training services and
service providers the local service unit plans to utilize; and
(5) a statement of intent regarding the establishment of
either a community investment program or an employment
experience program.
If the local service unit provides a statement of intent
for the establishment of a community investment program under
clause (5), the local service unit must submit a preliminary
community investment program plan by February 1, 1986.
Sec. 145. Minnesota Statutes 1986, section 268.89,
subdivision 2, is amended to read:
Subd. 2. [BIENNIAL PLAN.] The commissioner shall recommend
to the governor the priorities, performance standards, and
special projects that are consistent with the coordinator's
biennial plan.
Sec. 146. Minnesota Statutes 1986, section 268.91,
subdivision 2, is amended to read:
Subd. 2. [DUTIES OF COMMISSIONER.] The commissioner shall
develop standards for county boards to provide child care
services to enable eligible families to participate in
employment or training programs. The commissioner shall
distribute money to counties to reduce the costs of child care
for eligible families. The commissioner shall adopt rules to
govern the program in accordance with this section. The rules
must establish a sliding schedule of fees for parents receiving
child care services. The commissioner shall require counties to
collect and report data that the commissioner deems necessary to
evaluate the effectiveness of the program in preventing and
reducing participants' dependence on public assistance and in
providing other benefits, including improvement in the care
provided to children. The commissioner shall report to the full
productivity and opportunity coordinator in each even-numbered
year on the effectiveness of the program.
Sec. 147. Minnesota Statutes 1986, section 287.05,
subdivision 1, is amended to read:
Subdivision 1. A tax of 15 23 cents is imposed upon each
$100, or fraction thereof, of the principal debt or obligation
which is or may be secured by any mortgage of real property
situated within the state executed, delivered, and recorded or
registered; provided, however, that the tax shall be imposed but
once upon any mortgage and extension thereof. If the mortgage
describes real estate situated outside of this state, the tax
shall be imposed upon that proportion of the whole debt secured
thereby as the value of the real estate therein described
situated in this state bears to the value of the whole of the
real estate described therein. The tax imposed by this section
shall not apply to a contract for the conveyance of real estate
or any interest in real estate recorded or registered on or
after January 1, 1984.
Sec. 148. Minnesota Statutes 1986, section 287.12, is
amended to read:
287.12 [TAXES, HOW APPORTIONED.]
All taxes paid to the county treasurer under the provisions
of sections 287.01 to 287.12 shall 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 during the preceding month. The treasurer
shall report to the county welfare agency on or before the tenth
day of each month 95 97 percent of the receipts attributable to
the statutory rate in section 287.05. That amount, in addition
to 97 percent of the amount determined under section 287.29,
must be shown as a deduction from the report filed with the
department of human services as required by section 256.82. The
net receipts from the preceding month must be credited to the
county welfare fund by the tenth day of each month.
Sec. 149. Minnesota Statutes 1986, section 287.21,
subdivision 1, is amended to read:
Subdivision 1. There is hereby imposed on each deed,
instrument, or writing by which any lands, tenements, or other
realty in this state shall be granted, assigned, transferred or
otherwise conveyed, a tax determined in the following manner.
When transfers are made by instruments pursuant to mergers,
consolidations, sales or transfers of substantially all of the
assets of corporations pursuant to plans of reorganization or
there is no consideration or when the consideration, exclusive
of the value of any lien or encumbrance remaining thereon at the
time of sale, is $1,000 $500 or less, the tax shall
be $2.20 $1.65. When the consideration, exclusive of the value
of any lien or encumbrance remaining thereon at the time of
sale, exceeds $1,000 $500, the tax shall be $2.20 $1.65 plus
$1.10 $1.65 for each additional $500 or fractional part of $500
in excess of $1,000 fraction of that amount.
The tax applies against the total consideration, including
the fair market value of any personal property transferred as
part of the total consideration.
Sec. 150. Minnesota Statutes 1986, section 393.07,
subdivision 10, is amended to read:
Subd. 10. [FEDERAL FOOD STAMP PROGRAM.] (a) The county
welfare board shall establish and administer the food stamp
program pursuant to rules of the commissioner of human services
and all federal laws and regulations. The commissioner of human
services shall monitor food stamp program delivery on an ongoing
basis to ensure that each county complies with federal laws and
regulations. Program requirements to be monitored include, but
are not limited to, number of applications, number of approvals,
number of cases pending, length of time required to process each
application and deliver benefits, number of applicants eligible
for expedited issuance, length of time required to process and
deliver expedited issuance, number of terminations and reasons
for terminations, client profiles by age, household composition
and income level and sources, and the use of phone certification
and home visits. The commissioner shall determine the
county-by-county and statewide participation rate. The
commissioner shall report on the monitoring activities on a
county-by-county basis in a report presented to the legislature
by July 1 each year. This monitoring activity shall be separate
from the management evaluation survey sample required under
federal regulations.
(b) On July 1 of each year, the commissioner of human
services shall determine a statewide and county-by-county food
stamp program participation rate. The commissioner may
designate a different agency to administer the food stamp
program in a county if the agency administering the program
fails to increase the food stamp program participation rate
among families or eligible individuals, or comply with all
federal laws and regulations governing the food stamp program.
The commissioner shall review agency performance annually to
determine compliance with this paragraph.
(c) The county welfare board shall participate in a food
stamp quality control system subject to the supervision of the
commissioner of human services and pursuant to federal
regulations.
Any A person who commits any of the following acts is
guilty of theft and shall be sentenced pursuant to section
609.52, subdivision 3, clauses (1), (2), and (5) has violated
section 256.98 and is subject to both the criminal and civil
penalties provided under that section:
(1) Obtains or attempts to obtain, or aids or abets any
person to obtain by means of a willfully false statement or
representation, or intentional concealment of a material fact,
food stamps to which the person is not entitled or in an amount
greater than that to which that person is entitled; or
(2) Presents or causes to be presented, coupons for payment
or redemption knowing them to have been received, transferred or
used in a manner contrary to existing state or federal law; or
(3) Willfully uses or transfers food stamp coupons or
authorization to purchase cards in any manner contrary to
existing state or federal law.
The amount of food stamps incorrectly issued shall be the
difference between the amount of food stamps actually received
and the amount to which the recipient would have been entitled
under state and federal law had the welfare agency been informed
of all material facts. The amount of any food stamps determined
to have been incorrectly issued, used, transferred or presented
shall, unless otherwise determined by the county welfare board
in order to prevent undue hardship, be recoverable from the
recipient, or user, or the recipient's or user's estate by the
county as a debt due the county.
Sec. 151. Minnesota Statutes 1986, section 524.3-1201, is
amended to read:
524.3-1201 [COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT.]
(a) Thirty days after the death of a decedent, any person
indebted to the decedent or having possession of tangible
personal property or an instrument evidencing a debt,
obligation, stock or chose in action belonging to the decedent
shall make payment of the indebtedness or deliver the tangible
personal property or an instrument evidencing a debt,
obligation, stock or chose in action to a person claiming to be
the successor of the decedent, or a county agency with a claim
authorized by section 256B.15, upon being presented a certified
death certificate of the decedent and an affidavit, in
duplicate, made by or on behalf of the successor stating that:
(1) the value of the entire probate estate, wherever
located, less liens and encumbrances, does not exceed $5,000;
(2) 30 days have elapsed since the death of the decedent;
(3) no application or petition for the appointment of a
personal representative is pending or has been granted in any
jurisdiction; and
(4) the claiming successor is entitled to payment or
delivery of the property.
(b) A transfer agent of any security shall change the
registered ownership on the books of a corporation from the
decedent to the successor or successors upon the presentation of
an affidavit as provided in subsection (a).
(c) The claiming successor or county agency shall disburse
the proceeds collected under this section to any person with a
superior claim under section 524.3-805.
Sec. 152. Minnesota Statutes 1986, section 525.56,
subdivision 3, is amended to read:
Subd. 3. The court may appoint a guardian of the person if
it determines that all the powers and duties listed in this
subdivision are needed to provide for the needs of the
incapacitated person. The court may appoint a conservator of
the person if it determines that a conservator is needed to
provide for the needs of the incapacitated person through the
exercise of some, but not all, of the powers and duties listed
in this subdivision. The duties and powers of a guardian or
those which the court may grant to a conservator of the person
include, but are not limited to:
(1) The power to have custody of the ward or conservatee
and the power to establish a place of abode within or without
the state, except as otherwise provided in this clause. The
ward or conservatee or any person interested in the ward's or
conservatee's welfare may petition the court to prevent or to
initiate a change in abode. A ward or conservatee may not be
admitted to any state institution by the guardian or conservator
except (1) after a hearing pursuant to section 253A.07; (2) for
outpatient services; or (3) for the purpose of receiving
temporary care for a specific period of time not to exceed 90
days in any calendar year.
(2) The duty to provide for the ward's or conservatee's
care, comfort and maintenance needs, including food, clothing,
shelter, health care, social and recreational requirements, and,
whenever appropriate, training, education and rehabilitation.
The guardian or conservator has no duty to pay for these
requirements out of personal funds. Whenever possible and
appropriate, the guardian or conservator should meet these
requirements through governmental benefits or services to which
the ward or conservatee is entitled, rather than from the ward's
or conservatee's estate. Failure to satisfy the needs and
requirements of this clause shall be grounds for removal, but
the guardian or conservator shall have no personal or monetary
liability.
(3) The duty to take reasonable care of the ward's or
conservatee's clothing, furniture, vehicles and other personal
effects, and, if other property requires protection, the power
to seek appointment of a guardian or conservator of the estate.
The guardian or conservator must give notice in the manner
required and to those persons specified in section 525.55 prior
to the disposition of the ward's or conservatee's clothing,
furniture, vehicles or other personal effects. The notice must
inform the person of the right to object to the disposition of
the property within ten days and to petition the court for a
review of the guardian's or conservator's proposed actions.
Notice of the objection must be served by mail or personal
service on the guardian or conservator and the ward or
conservatee unless the ward or conservatee be the objector. The
guardian or conservator served with notice of an objection to
the disposition of the property may not dispose of the property
unless the court approves the disposition after a hearing.
(4) (a) The power to give any necessary consent to enable
the ward or conservatee to receive necessary medical or other
professional care, counsel, treatment or service, except that no
guardian or conservator may give consent for psychosurgery,
electroshock, sterilization or experimental treatment of any
kind unless the procedure is first approved by order of the
court as provided in this clause. The guardian or conservator
shall not consent to any medical care for the ward or
conservatee which violates the known conscientious, religious,
or moral belief of the ward or conservatee.
(b) A guardian or conservator who believes a procedure
described in clause (4)(a) requiring prior court approval to be
necessary for the proper care of the ward or conservatee shall
petition the court for an order. The court shall fix the time
and place for the hearing and shall give notice to the ward or
conservatee and to the other persons specified in section
525.55, subdivision 1. The notice shall comply with the
requirements of, and be served in the manner provided in section
525.55, subdivision 2. The court shall appoint an attorney to
represent the ward or conservatee who is not represented by
counsel. In every case the court shall determine if the
procedure is in the best interests of the ward or conservatee.
In making its determination the court shall consider a written
medical report which specifically considers the medical risks of
the procedure and whether alternative, less restrictive methods
of treatment could be used to protect the best interests of the
ward or conservatee.
(c) In the case of a petition for sterilization of a
mentally retarded ward or conservatee, the court shall appoint a
licensed physician, a psychologist who is qualified in the
diagnosis and treatment of mental retardation, and a social
worker who is familiar with the ward's or conservatee's social
history and adjustment to examine or evaluate the ward or
conservatee and to provide written reports to the court. The
reports shall indicate whether sterilization is necessary and
whether it is in the best interests of the ward or conservatee.
The medical report shall specifically consider the medical risks
of sterilization and whether alternative methods of
contraception could be used to protect the best interests of the
ward or conservatee.
(5) The power to approve or withhold approval of any
contract, except for necessities, which the ward or conservatee
may make or wish to make.
(6) The duty and power to exercise supervisory authority
over the ward or conservatee in a manner which limits civil
rights and restricts personal freedom only to the extent
necessary to provide needed care and services.
Sec. 153. Laws 1986, chapter 394, section 24, is amended
to read:
Sec. 24. [EFFECTIVE DATE.] Section 10, subdivision 6, and
section 15 are effective the day following final enactment.
Sections 1 to 9; 10, subdivisions 1 to 5, 7, and 8; 11 to 14;
and 16 to 23 are effective July January 1, 1987 1988.
Sec. 154. [256.981] [TRAINING OF WELFARE FRAUD PROSECUTORS.]
The commissioner of human services shall, to the extent an
appropriation is provided for this purpose, contract with the
county attorney's council or other public or private entity
experienced in providing training for prosecutors to conduct
quarterly workshops and seminars focusing on current aid to
families with dependent children program issues, other income
maintenance program changes, recovery issues, alternative
sentencing methods, use of technical aids for interviews and
interrogations, and other matters affecting prosecution of
welfare fraud cases.
Sec. 155. [256.982] [TRAINING OF WELFARE FRAUD INVESTIGATORS.]
The commissioner of human services shall, to the extent an
appropriation is provided for this purpose, establish a pilot
project for further education and training of welfare fraud
investigators. The commissioner may enter into contractual
agreements with other state, federal, or county agencies as part
of cooperative projects employing experienced investigators to
provide on-the-job training to county investigators.
Sec. 156. [STAFFING.]
A position is established in the assistance payments
division, department of human services, to undertake the
training initiatives required of the department. This position
may also be utilized to assist in fraud control initiatives
which the department may undertake.
Sec. 157. [OIL OVERCHARGE FUNDS.]*
Subdivision 1. [ALLOCATION OF FUNDS.] All money received
by the governor, the commissioner of finance or any other state
agency, before or after the effective date of this section, as a
result of the settlement of the parties and order of the United
States District Court for the District of Kansas in the case of
In Re Department of Energy Stripper Well Exemption Litigation,
578 F.Supp. 586 (D. Kan. 1983) and all other money received
after the effective date of this section by any of those
entities or agencies, resulting from overcharges by oil
companies in violation of federal law, is allocated in the
following manner:
(1) Not less than one-half of the oil overcharge funds made
available to the state must be used to fund the low-income
energy conservation programs administered by the commissioner of
jobs and training; and
(2) The remaining oil overcharge money received by the
state may be used for any purpose authorized by law or court
order pursuant to the plans prepared by the advisory task force
and the legislative advisory commission under subdivision 2.
Subd. 2. [PLAN DEVELOPMENT; RECOMMENDATIONS.] An advisory
task force shall be established and shall consist of 15
members. The task force shall include representatives of
government, schools and hospitals, non-profit organizations,
community groups and individuals interested in low-income
weatherization and energy conservation programs and individuals
who work with energy-related research. Five members of the task
force shall be appointed by the governor, five members shall be
appointed by the senate committee on rules and administration,
and five members shall be appointed by the speaker of the house
of representatives.
The task force shall prepare and recommend to the
legislative advisory commission an energy conservation plan that
allocates the funds as described in subdivision 1, paragraph
(2). The plan must be delivered to the commission within 60
days after all members of the task force have been appointed.
The plan must take into consideration programs and activities
that will reduce the consumption of fossil fuels within the
state, including energy conservation related research.
Within 30 days of receipt of the task force's plan, the
commission shall submit a final plan to the governor for the
allocation of the funds in subdivision 1, paragraph (2). The
commission may amend the task force's plan. The governor shall
submit the plan to the United States Department of Energy for
its approval. If the plan or any part of it is rejected by the
Department of Energy, the plan or rejected part of it must be
revised and resubmitted as provided in this section for
preparation and submission of the original plan. Funds under
subdivision 1, paragraph (2), may be expended only in accordance
with a plan or part of it approved by the Department of Energy.
Subd. 3. [AUTHORITY.] Money received by the state as a
result of litigation or settlements of the alleged violations of
federal petroleum pricing regulations may not be spent unless
specifically appropriated by law.
(* This section was vetoed by the governor.)
Sec. 158. [LOW-LEVEL IONIZING RADIATION REPORTS.]
The commissioner of health shall transmit to the governor
and the legislature no later than December 31, 1987, a summary
of the major reports on human health effects of low-level
ionizing radiation. The reports shall include:
(1) data and risk coefficients relating to ionizing
radiation effects of occupational exposure, on human fetuses,
and on the general public; and
(2) information on the worldwide effects to the public
health of the radioactive emissions resulting from the Chernobyl
accident in April 1986.
Sec. 159. [MENTAL HEALTH STUDY.]
The commissioner of human services shall study the
following issues related to the care and treatment of people
with mental illness:
(1) the role of involuntary outpatient treatment in
providing a continuum of services to people with mental illness,
including the following:
(a) people for whom and conditions under which involuntary
outpatient treatment may be appropriate, and
(b) scope of services and payment mechanisms available for
involuntary outpatient treatment;
(2) the relationship among procedures and purposes of
inpatient commitment, outpatient commitment, and private
guardianship;
(3) the appropriate use of involuntary medication in the
treatment of mental illness;
(4) the role of family members and other interested persons
in formulating and monitoring treatment decisions; and
(5) the appropriate role for commitment and other treatment
options in protecting the safety and liberty interests of family
members and other members of society.
By January 1, 1988, the commissioner shall develop and
present to the legislature recommendations regarding involuntary
outpatient treatment.
Sec. 160. [VETERAN'S NURSING CARE STUDY.]
The commissioner of human services, with the assistance of
the commissioner of veterans affairs, shall study the
possibility of using the resources of the regional treatment
centers system to provide care for veterans. The commissioner
shall develop recommendations based on the study and report the
recommendations to the legislature by January 1, 1988.
The study must include an assessment of need for the care,
the costs of the care, and the impact of providing the care on
treatment center residents. If the commissioner recommends
conversion of a specific site, the study must analyze the impact
of conversion on residents, employees, and communities affected
by the recommendation.
Sec. 161. [INPATIENT HOSPITAL RATES STUDY.]
The commissioner shall study and develop recommendations
regarding alternative payment mechanisms for reimbursing
hospitals for inpatient psychiatric care.
Sec. 162. [NEGOTIATED RATE FACILITY STUDY.]
The commissioner of human services in cooperation with the
director of the state planning agency shall study and evaluate
the existing system for paying negotiated rate facilities for
services provided to residents through the supplemental aid
program and report to the legislature by February 1, 1988, on
the results of the study and evaluation, including any
recommendations for legislative changes in the rate setting
system.
Sec. 163. [STUDY OF ELDERLY PERSONS WITH MENTAL
RETARDATION OR RELATED CONDITIONS.]
Subdivision 1. [STUDY; REPORT.] The commissioner of the
department of human services shall study the needs of elderly
citizens with mental retardation or related conditions. The
study shall include existing programs providing services to this
population, including funding and location of services, and the
extent to which the services meet the needs of this population.
The study shall be completed in one year. The commissioner
shall report to the legislature in 1988 on findings and
recommendations, including methods of resolving problems through
interagency cooperation.
Subd. 2. [ADVICE TO THE COMMISSIONER.] In performing the
duties of subdivision 1, the commissioner shall seek the advice
of the advisory task force established under section 252.31.
Sec. 164. [REPEALER.]
Subdivision 1. Minnesota Statutes 1986, sections 116J.035,
subdivision 3; 116L.04, subdivision 3; 136.63, subdivision 1b;
144.66; 144.67; 178.03, subdivision 5; 245.69, subdivision 1a;
245.76; 256.966, subdivision 2; 256B.05, subdivision 4; 256B.07;
256D.051, subdivisions 11 and 12; 267.01; 267.02; 267.03;
267.04; 267.05; 267.06; and 268.0111, subdivision 3, are
repealed. The provision in Laws 1985, First Special Session
chapter 9, article 1, section 2, subdivision 5, paragraph (b),
relating to a phase out of the ratable reductions in the general
assistance medical care program is repealed effective the day
following final enactment. Minnesota Statutes 1986, 256D.051,
subdivisions 4 and 5, are repealed effective January 1, 1988.
Minnesota Statutes 1986, sections 245.713, subdivisions 1 and 3;
and 245.74, are repealed effective July 1, 1988.
Sec. 165. [EFFECTIVE DATE.]
Sections 9 to 12, 61, 62, 81, 88, 90 to 94, are effective
the day following final enactment. Sections 30, 31, and 42, are
effective July 1, 1988.
ARTICLE 3
Section 1. Minnesota Statutes 1986, section 144.219, is
amended to read:
144.219 [AMENDMENT OF VITAL RECORDS.]
Upon the order of a court of this state, upon the request
of a court of another state, or upon the filing of an
acknowledgment of paternity a declaration of parentage under
section 257.34 with the state registrar or the appropriate court
which is not disputed by the mother named on the original birth
certificate within a reasonable time after being informed of the
filing, a new birth certificate shall be registered consistent
with the findings of the court or with the acknowledgment of
paternity declaration of parentage.
Sec. 2. Minnesota Statutes 1986, section 256.01,
subdivision 2, is amended to read:
Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of
section 241.021, subdivision 2, the commissioner of human
services shall:
(1) Administer and supervise all forms of public assistance
provided for by state law and other welfare activities or
services as are vested in the commissioner.
(2) Administer and supervise all child welfare activities;
promote the enforcement of laws protecting handicapped,
dependent, neglected and delinquent children, and children born
to mothers who were not married to the children's fathers at the
times of the conception nor at the births of the children;
license and supervise child-caring and child-placing agencies
and institutions; supervise the care of children in boarding and
foster homes or in private institutions; and generally perform
all functions relating to the field of child welfare now vested
in the state board of control.
(3) Administer and supervise all noninstitutional service
to handicapped persons, including those who are visually
impaired, hearing impaired, or physically impaired or otherwise
handicapped. The commissioner may provide and contract for the
care and treatment of qualified indigent children in facilities
other than those located and available at state hospitals when
it is not feasible to provide the service in state hospitals.
(4) Assist and actively cooperate with other departments,
agencies and institutions, local, state, and federal, by
performing services in conformity with the purposes of Laws
1939, chapter 431.
(5) Act as the agent of and cooperate with the federal
government in matters of mutual concern relative to and in
conformity with the provisions of Laws 1939, chapter 431,
including the administration of any federal funds granted to the
state to aid in the performance of any functions of the
commissioner as specified in Laws 1939, chapter 431, and
including the promulgation of rules making uniformly available
medical care benefits to all recipients of public assistance, at
such times as the federal government increases its participation
in assistance expenditures for medical care to recipients of
public assistance, the cost thereof to be borne in the same
proportion as are grants of aid to said recipients.
(6) Establish and maintain any administrative units
reasonably necessary for the performance of administrative
functions common to all divisions of the department.
(7) Administer and supervise any additional welfare
activities and services as are vested by law in the department.
(8) The commissioner is designated as guardian of both the
estate and the person of all the wards of the state of
Minnesota, whether by operation of law or by an order of court,
without any further act or proceeding whatever, except as to
persons committed as mentally retarded.
(9) Act as coordinating referral and informational center
on requests for service for newly arrived immigrants coming to
Minnesota.
(10) The specific enumeration of powers and duties as
hereinabove set forth shall in no way be construed to be a
limitation upon the general transfer of powers herein contained.
(11) Establish county, regional, or statewide schedules of
maximum fees and charges which may be paid by local agencies for
medical, dental, surgical, hospital, nursing and nursing home
care and medicine and medical supplies under all programs of
medical care provided by the state and for congregate living
care under the income maintenance programs.
(12) Have the authority to conduct and administer
experimental projects to test methods and procedures of
administering assistance and services to recipients or potential
recipients of public welfare. To carry out such experimental
projects, it is further provided that the commissioner of human
services is authorized to waive the enforcement of existing
specific statutory program requirements, rules, and standards in
one or more counties. The order establishing the waiver shall
provide alternative methods and procedures of administration,
shall not be in conflict with the basic purposes, coverage, or
benefits provided by law, and in no event shall the duration of
a project exceed two four years. It is further provided that no
order establishing an experimental project as authorized by the
provisions of this section shall become effective until the
following conditions have been met:
(a) The proposed comprehensive plan including estimated
project costs and the proposed order establishing the waiver
shall be filed with the secretary of the senate and chief clerk
of the house of representatives at least 60 days prior to its
effective date.
(b) The secretary of health, education, and welfare of the
United States has agreed, for the same project, to waive state
plan requirements relative to statewide uniformity.
(c) A comprehensive plan, including estimated project
costs, shall be approved by the legislative advisory commission
and filed with the commissioner of administration.
(13) In accordance with federal requirements establish
procedures to be followed by local welfare boards in creating
citizen advisory committees, including procedures for selection
of committee members.
(14) Allocate federal fiscal disallowances or sanctions
which are based on quality control error rates for the aid to
families with dependent children, medical assistance, or food
stamp program in the following manner:
(a) One-half of the total amount of the disallowance shall
be borne by the county boards responsible for administering the
programs and shall be shared by each county board in the same
proportion as that county's expenditures for the sanctioned
program are to the total of all counties' expenditures for that
program. Each county shall pay its share of the disallowance to
the state of Minnesota. When a county fails to pay the amount
due hereunder, the commissioner may deduct the amount from
reimbursement otherwise due the county, or the attorney general,
upon the request of the commissioner, may institute civil action
to recover the amount due.
(b) Notwithstanding the provisions of paragraph (a), if the
disallowance results from knowing noncompliance by one or more
counties with a specific program instruction, and that knowing
noncompliance is a matter of official county board record, the
commissioner may require payment or recover from the county or
counties, in the manner prescribed in paragraph (a), an amount
equal to the portion of the total disallowance which resulted
from the noncompliance, and may distribute the balance of the
disallowance according to paragraph (a).
(15) Develop and implement special projects that maximize
reimbursements and result in the recovery of money to the
state. For the purpose of recovering state money, the
commissioner may enter into contracts with third parties. Any
recoveries that result from projects or contracts entered into
under this paragraph shall be deposited in the state treasury
and credited to a special account until the balance in the
account reaches $400,000. When the balance in the account
exceeds $400,000, the excess shall be transferred and credited
to the general fund. All money in the account is appropriated
to the commissioner for the purposes of this paragraph.
Sec. 3. Minnesota Statutes 1986, section 256.73, is
amended by adding a subdivision to read:
Subd. 7. [VERIFICATION PROCEDURES.] The commissioner shall
form an advisory committee of local agency representatives,
state officials, and recipients to recommend and implement ways
to reduce verification procedures at the local level. The goal
of this effort is to treat clients with dignity and expect
client honesty. Verification procedures should be reduced to a
minimum at the time of application and increased only as needed.
Sec. 4. Minnesota Statutes 1986, section 256.736, is
amended by adding a subdivision to read:
Subd. 1a. [DEFINITIONS.] As used in this section and
section 22, the following words have the meanings given them:
(a) "AFDC" means aid to families with dependent children.
(b) "AFDC-UP" means that group of AFDC clients who are
eligible for assistance by reason of unemployment as defined by
the commissioner under section 256.12, subdivision 14.
(c) "Caretaker" means a parent or eligible adult who is
part of the assistance unit that has applied for or is receiving
AFDC.
(d) "Employment and training services" means programs,
activities, and services related to job training and job
placement, including job service programs, job training
partnership act programs, wage subsidies, remedial and secondary
education programs, post-secondary education programs excluding
education leading to a post-baccalaureate degree, vocational
education programs, work incentive programs, work readiness
programs, employment search, community work experience programs,
displaced homemaker programs, self-employment programs, grant
diversion, employment experience programs, youth employment
programs, community investment programs, supported work
programs, refugee employment and training programs, and
counseling and support activities necessary to stabilize the
caretaker or the family.
(e) "Employment and training service provider" means an
administrative entity certified by the commissioner of jobs and
training to deliver employment and training services under
section 268.0122, subdivision 3.
(f) "Minor parent" means a caretaker relative who is the
parent of the dependent child or children in the assistance unit
and who is under the age of 18.
(g) "Priority groups" or "priority caretakers" means
recipients of AFDC or AFDC-UP designated as priorities for
employment and training services under subdivision 2a.
(h) "Support services" means programs, activities, and
services intended to stabilize families and individuals or
provide assistance for family needs related to employment or
participation in employment and training services, including
child care, transportation, housing assistance, personal and
family counseling, crisis intervention services, peer support
groups, chemical dependency counseling and treatment, money
management assistance, and parenting skill courses.
Sec. 5. Minnesota Statutes 1986, section 256.736, is
amended by adding a subdivision to read:
Subd. 1b. [WORK INCENTIVE SUBSIDIZED HOUSING
PROGRAM.] Within the limit of available appropriations, employed
recipients of aid to families with dependent children who meet
eligibility requirements established by the commissioner of
human services are eligible for a state housing subsidy as an
incentive to seek and retain employment. The commissioner of
human services shall adopt rules for the work incentive
subsidized housing program using eligibility criteria, subsidy
amounts, and an administrative system developed jointly by the
commissioner of human services and the commissioner of jobs and
training. The rules must:
(1) target recipients who are or are likely to become
long-term recipients or who experience substantial barriers to
employment;
(2) establish a fixed or sliding scale subsidy amount that
will create a significant work incentive yet enable the program
to serve the greatest possible number of recipients;
(3) limit the subsidy to persons who become employed while
receiving assistance; and
(4) provide for continued subsidy payments for up to one
year after termination of assistance to ease the transition from
assistance to self-sufficiency.
The program must be coordinated with existing work and
training programs and must be designed to maximize savings in
the aid to families with dependent children program. The
subsidy must be provided as in-kind assistance, and it is not
available if it would be considered countable income under state
and federal requirements.
Sec. 6. Minnesota Statutes 1986, section 256.736, is
amended by adding a subdivision to read:
Subd. 2a. [PRIORITY GROUPS.] (a) Priority for
participation in employment and training services under this
section must be given to caretakers who:
(1) are under the age of 21;
(2) have not received a high school diploma or general
equivalency diploma; or
(3) have received 24 months or more of AFDC over the last
36 months.
(b) Highest priority for participation in employment and
training services under this section must be given to caretakers
with two or more of the characteristics listed in paragraph (a).
Sec. 7. Minnesota Statutes 1986, section 256.736,
subdivision 3, is amended to read:
Subd. 3. [OPERATION OF PROGRAMS REGISTRATION.] To
determine who shall be designated as an appropriate individual
for certification for employment and training services, the
commissioner of jobs and training shall provide, by rule,
standards for county boards consistent with the standards
promulgated by the secretary of health and human services.
County boards shall certify appropriate individuals for
employment and training services, shall notify the commissioner
of human services, and shall require that every individual
certified, as a condition of receiving aid to families with
dependent children, register for employment services, training,
and employment, unless such individual is: (a) To the extent
permissible under federal law, every caretaker or child is
required to register for employment and training services, as a
condition of receiving AFDC, unless the caretaker or child is:
(1) a child who is under age 16, a child age 16 or 17 who
is attending elementary or secondary school or a secondary level
vocational or technical school full time, or a full-time student
age 18 who is attending a secondary school or a secondary level
vocational or technical program and who is expected to complete
the school or program before reaching age 19;
(2) a person caretaker who is ill, incapacitated or of
advanced age age 55 or older;
(3) a person so remote from caretaker for whom
participation in an employment and training service and where
transportation is not reasonably available that effective
participation is precluded would require a round trip commuting
time by available transportation of more than two hours;
(4) a person caretaker whose presence in the home is
required because of illness or incapacity of another member of
the household;
(5) a parent caretaker or other caretaker relative of a
child under the age of six who personally provides full-time
care for the child;
(6) a parent or other caretaker if another adult relative
in the assistance unit is registered and has not, without good
cause, failed or refused to participate or accept employment;
(7) a pregnant woman in the last trimester of pregnancy; or
(8) a parent who is not the principal earner if the parent
who is the principal earner is not exempt under clauses (1) to
(7).
Any individual referred to in clauses (3) and (5) to (8)
must be advised of the option to register for any available
employment services, and training services, and employment if
the individual so desires, and must be informed of the any
available child care and other support services available if the
individual decides to register.
(b) If, after planning with a recipient a decision is made
that the recipient must register for employment services,
training, and employment, the county board shall notify the
recipientin writing of the need to register for participation in
an employment and training service and that the recipient To the
extent permissible by federal law, applicants for benefits under
the AFDC program are registered for employment and training
services by signing the application form. Applicants must be
informed that they are registering for employment and training
services by signing the form. Persons receiving benefits on the
effective date of this section shall register for employment and
training services to the extent permissible by federal law. The
caretaker has a right to a fair hearing under section 256.045
with respect to the appropriateness of the registration.
Sec. 8. Minnesota Statutes 1986, section 256.736, is
amended by adding a subdivision to read:
Subd. 3a. [PARTICIPATION.] Caretakers in priority groups
must participate in employment and training services under this
section to the extent permissible under federal law. However,
no assistance unit may be sanctioned for a caretaker's failure
to participate in employment and training services under this
section if failure results from inadequate funding for
employment and training services.
Sec. 9. Minnesota Statutes 1986, section 256.736,
subdivision 4, is amended to read:
Subd. 4. [CONDITIONS OF CERTIFICATION.] The commissioner
of human services shall:
(1) Arrange for or provide any relative caretaker or child
required to register for participate in employment and training
services pursuant to this section with child-care services,
transportation, and other necessary family services;
(2) Pay ten percent of the cost of the work incentive
program and any other costs that are required of that agency by
federal regulation for employment and training services for
recipients of aid to families with dependent children;
(3) Provide that in determining a recipient's needs any
monthly incentive training payment made to the recipient by the
department of jobs and training is disregarded and the
additional expenses attributable to participation in a program
are taken into account in grant determination to the extent
permitted by federal regulations; and
(4) Provide that when it has been certified by
the commissioner of jobs and training, certification to be
binding upon the commissioner of human services county board,
that a relative or child certified under caretaker or child
required to participate in an employment and training program to
the commissioner of jobs and training has been found by the
commissioner, after a hearing conducted in the manner prescribed
by section 268.10, subdivision 3, with the right of review in
accordance with the provisions of section 268.10, subdivision 8,
employment and training service provider to have refused without
good cause to participate in appropriate employment and training
services or to have refused without good cause to accept a bona
fide offer of public or other employment, the county board shall
provide that:
(a) If the relative caretaker makes the refusal, the
relative's caretaker's needs shall not be taken into account in
making the grant determination, and aid for any dependent child
in the family will be made in the form of protective or vendor
payments, except that when protective payments are made, the
local agency may continue payments to the relative caretaker if
a protective payee cannot reasonably be found.
(b) Aid with respect to a dependent child will be denied if
a child who makes the refusal is the only child receiving aid in
the family.
(c) If there is more than one child receiving aid in the
family, aid for the child who makes the refusal will be denied
and the child's needs will not be taken into account in making
the grant determination.
(d) If the assistance unit's eligibility is based on the
nonexempt principal earner's unemployment and this principal
earner fails or refuses without good cause to participate or to
accept employment, the entire assistance unit is ineligible for
benefits under sections 256.72 to 256.87, if the family is
subject to requirements of the work incentive program.
Sec. 10. Minnesota Statutes 1986, section 256.736, is
amended by adding a subdivision to read:
Subd. 4a. [NOTICE AND RIGHT OF APPEAL.] If the employment
and training service provider determines that the caretaker has
failed or refused, without good cause, to cooperate or accept
employment, the employment and training service provider shall
issue to the caretaker a written notice of its determination of
non-cooperation or refusal to accept employment. The notice
must include a detailed explanation of the reason for the
determination and must specify the consequences for failure or
refusal to cooperate or accept employment, the actions which the
employment and training service provider believes are necessary
for the caretaker to comply with the employment and training
program, and the right to request, within ten days of receipt of
the notice, a conciliation conference. If the dispute between
the employment and training service provider and the caretaker
is not resolved in the conciliation conference or a request for
a conciliation conference is not made within the required time,
then the employment and training service provider shall notify
the county board of a caretaker's failure without good cause to
cooperate or accept employment. Any determination, action, or
inaction on the part of the county board relating to a
caretaker's participation under section 256.736 is subject to
the notice and hearing procedures in section 256.045, and Code
of Federal Regulations, title 45, section 205.10.
Sec. 11. Minnesota Statutes 1986, section 256.736,
subdivision 6, is amended to read:
Subd. 6. [PROTECTION FROM GARNISHMENT.] Earnings of a
recipient caretaker while participating in full or part-time
employment or training shall be protected from garnishment.
This protection shall extend for a period of six months from the
date of termination of a recipient's caretaker's grant of
assistance.
Sec. 12. Minnesota Statutes 1986, section 256.736,
subdivision 7, is amended to read:
Subd. 7. [RULEMAKING.] The commissioner of human services,
in cooperation with the commissioner of jobs and training,
may make adopt permanent and emergency rules necessary to
qualify for any federal funds available under this section and
to carry out this section.
Sec. 13. Minnesota Statutes 1986, section 256.736,
subdivision 8, is amended to read:
Subd. 8. [SPECIAL NEEDS.] The commissioner of human
services shall amend the state plan for aid to families with
dependent children to provide, as special needs payments, money
for the costs of child care, transportation, tuition, and items
associated with education or seeking employment to the extent
allowed under federal regulations and state appropriations. The
commissioner of human services, with the assistance of the
commissioner of education, shall establish a procedure whereby a
governmental entity that pays for child care may contract with a
county agency authorized to administer AFDC under sections
393.01, subdivision 7, and 393.07, subdivision 2, to make the
child care payments on their behalf to AFDC recipients who are
eligible for employment special needs funds. The governmental
entity shall reimburse the county agency for the nonfederal
share of the payments and administrative costs necessary to
carry out the contract. The commissioners of human services and
education shall provide information and technical assistance to
governmental entities about the availability of special needs
payments for child care. Governmental entities that receive
state aid for child care through the community social services
act, the sliding fee child care program, or other programs,
shall request special needs payments for child care provided to
AFDC recipients who are potentially eligible for special needs
assistance under criteria established by the commissioner of
human services.
Sec. 14. Minnesota Statutes 1986, section 256.736, is
amended by adding a subdivision to read:
Subd. 10. [COUNTY DUTIES.] To the extent of available
state appropriations, county boards shall:
(1) refer all priority caretakers required to register
under subdivision 3 to an employment and training service
provider for participation in employment and training services;
(2) identify to the employment and training service
provider caretakers who fall into the priority groups;
(3) provide all caretakers with an orientation which (a)
gives information on available employment and training services
and support services, and (b) encourages clients to view AFDC as
a temporary program providing grants and services to clients who
set goals and develop strategies for supporting their families
without AFDC assistance;
(4) work with the employment and training service provider
to encourage voluntary participation by caretakers in the
priority groups;
(5) work with the employment and training service provider
to collect data as required by the commissioner;
(6) to the extent permissible under federal law, require
all caretakers coming into the AFDC program to attend
orientation;
(7) encourage nonpriority caretakers to develop a plan to
obtain self-sufficiency;
(8) notify the commissioner of the caretakers required to
participate in employment and training services;
(9) inform appropriate caretakers of opportunities
available through the head start program and encourage
caretakers to have their children screened for enrollment in the
program where appropriate;
(10) provide transportation assistance using the employment
special needs fund to caretakers who participate in employment
and training programs, with priority for services to caretakers
in priority groups;
(11) ensure that orientation, employment search, and case
management services are made available to appropriate caretakers
under this section, except that payment for case management
services is governed by subdivision 13; and
(12) explain in its local service unit plan under Minnesota
Statutes, section 268.88 how it will ensure that priority
caretakers determined to be in need of social services are
provided with such social services. The plan must specify how
the case manager and the county social service workers will
ensure delivery of needed services.
A county board may provide other employment and training
services that it considers necessary to help caretakers obtain
self-sufficiency.
Sec. 15. Minnesota Statutes 1986, section 256.736, is
amended by adding a subdivision to read:
Subd. 11. [CASE MANAGEMENT SERVICES.] (a) For clients
described in subdivision 2a, the case manager shall:
(1) Assess the education, skills, and ability of the
caretaker to secure and retain a job which, when added to child
support, will support the caretaker's family. The case manager
must work with the caretaker in completing this task;
(2) Set goals and develop a timetable for completing
education and employment goals. The case manager must work with
the caretaker in completing this task. For caretakers who are
not literate or who have not completed high school, the first
goal for the caretaker must be to complete literacy training or
a general education diploma. Caretakers who are literate and
have completed high school shall be counseled to set realistic
attainable goals, taking into account the long-term needs of
both the caretaker and the caretaker's family;
(3) Coordinate services such as child care, transportation,
and education assistance necessary to enable the caretaker to
work toward the goals developed in clause (2). When a client
needs child care services in order to attend a Minnesota public
or nonprofit college, university or technical institute, the
case manager shall contact the appropriate agency to reserve
child care funds for the client. A caretaker who needs child
care services in order to complete high school or a general
education diploma is eligible for child care under section
268.91;
(4) Develop, execute, and monitor a contract between the
local agency and the caretaker. The contract must include: (a)
specific goals of the caretaker including stated measurements of
progress toward each goal; (b) specific services provided by the
county agency; and (c) conditions under which the county will
withdraw the services provided.
The contract may include other terms as desired or needed
by either party. In all cases, however, the case manager must
ensure that the caretaker has set forth in the contract
realistic goals consistent with the ultimate goal of
self-sufficiency for the caretaker's family; and
(5) Develop and refer caretakers to counseling or peer
group networks for emotional support while participating in
work, education, or training.
(b) In addition to the duties in paragraph (a), for minor
parents, the case manager shall:
(1) Ensure that the contract developed under paragraph
(a)(4) considers all factors set forth in section 257.33,
subdivision 2; and
(2) Assess the housing and support systems needed by the
caretaker in order to provide the dependent children with
adequate parenting. The case manager shall encourage minor
parents who are not living with friends or relatives to live in
a group home or foster care setting. If minor parents are
unwilling to live in a group home or foster care setting or if
no group home or foster care setting is available, the case
manager shall assess the minor parent's need for training in
parenting and independent living skills and shall refer
appropriate minor parents to available counseling programs
designed to teach needed skills;
(c) A caretaker may request a conciliation conference to
attempt to resolve disputes regarding the contents of a contract
developed under this section or a housing and support systems
assessment conducted under this section. The caretaker may
request a hearing pursuant to section 256.045 to dispute the
contents of a contract or assessment developed under this
section. The caretaker need not request a conciliation
conference in order to request a hearing pursuant to section
256.045.
Sec. 16. Minnesota Statutes 1986, section 256.736, is
amended by adding a subdivision to read:
Subd. 12. [CASE MANAGERS.] (a) Counties may directly
employ case managers if certified as an employment and training
service provider under section 268.0122, or may contract for
case management services with a certified employment and
training service provider. Uncertified counties and contracting
agencies may provide case management services only if they
demonstrate the ability to coordinate employment, training,
education, and support services. The commissioner of jobs and
training shall determine whether or not an uncertified county or
agency has demonstrated such ability.
(b) Counties that employ case managers must ensure that the
case managers have the skills and knowledge necessary to perform
the variety of tasks described in subdivision 11. Counties that
contract with another agency for case management services must
specify in the contract the skills and knowledge needed by the
case managers. At a minimum, case managers must:
(1) have a thorough knowledge of training, education, and
employment opportunities;
(2) have training or experience in understanding the needs
of AFDC clients and their families; and
(3) be able to formulate creative individualized contracts.
Sec. 17. Minnesota Statutes 1986, section 256.736, is
amended by adding a subdivision to read:
Subd. 13. [STATE SHARE.] (a) The state must pay 75 percent
of costs incurred by counties under subdivision 11, except that
after July 1, 1988, the commissioner shall adjust the state
share to reflect county performance. Factors which the
commissioner may consider in adjusting the state share must
include, but are not limited to, the following:
(1) percentage of priority caretakers leaving the AFDC
program after one year, two years, and three years;
(2) percentage of minor parents who finish high school; and
(3) percentage of priority caretakers who are in training
or education and are successfully working toward their
contracted goals.
The commissioner may raise or lower the state share of
costs by a maximum of ten percent.
(b) If the state appropriation is not sufficient to fund
the cost of case management services for all caretakers
identified in subdivision 2a, the commissioner must define a
statewide subgroup of caretakers which includes all caretakers
in subdivision 2a, clause (1) and as many caretakers as possible
from subdivision 2a, clauses (2) and (3).
Sec. 18. Minnesota Statutes 1986, section 256.736, is
amended by adding a subdivision to read:
Subd. 14. [EMPLOYMENT SEARCH.] (a) The commissioner of
human services shall establish an employment search program
under United States Code, title 42, section 602(a)(35). The
principal wage earner in an AFDC-UP assistance unit must
participate in the employment search program within four months
of being determined eligible for AFDC-UP unless:
(1) the caretaker is already participating in another
approved employment and training service;
(2) the caretaker's employability plan specifies other
activities; or
(3) the caretaker is unable to secure employment due to
inability to communicate in the English language.
The employment and training service provider shall refer
caretakers unable to communicate in the English language to
English as a second language courses.
(b) The employment search program must provide the
following services:
(1) an initial period of up to four weeks of job search
activities for not more than 32 hours per week. The employment
and training service provider shall specify for each
participating caretaker the number of weeks and hours of job
search to be conducted and shall report to the county board if
the caretaker fails to cooperate with the employment search
requirement; and
(2) an additional period of job search following the first
period at the discretion of the employment and training service
provider. The total of these two periods of job search may not
exceed eight weeks.
(c) The employment search program may provide services to
non-AFDC-UP caretakers.
Sec. 19. Minnesota Statutes 1986, section 256.736, is
amended by adding a subdivision to read:
Subd. 15. [REPORTING.] The commissioner of human services,
in cooperation with the commissioner of jobs and training shall
develop reporting requirements for local agencies and employment
and training service providers. Reporting requirements must, to
the extent possible, use existing client tracking systems and
must be within the limits of funds available. The requirements
must include summary information necessary for state agencies
and the legislature to evaluate the effectiveness of the
services.
Sec. 20. Minnesota Statutes 1986, section 256.736, is
amended by adding a subdivision to read:
Subd. 16. [ALLOCATION AND USE OF MONEY.] (a) State money
appropriated for employment and training services under this
section must be allocated to counties as follows:
(1) Forty percent of the state money must be allocated
based on the average monthly number of caretakers receiving AFDC
in the county who are under age 22 and the average monthly
number of AFDC cases open in the county for 24 or more
consecutive months and residing in the county for the 12-month
period ending March 31 of the previous fiscal year.
(2) Twenty percent of the state money must be allocated
based on the average monthly number of nonpriority caretakers
receiving AFDC in the county for the period ending March 31 of
the previous fiscal year. Funds may be used to develop
employability plans for nonpriority caretakers if resources
allow.
(3) Twenty-five percent of the state money must be
allocated based on the average monthly number of assistance
units in the county receiving AFDC-UP for the period ending
March 31 of the previous fiscal year.
(4) Fifteen percent of the state money must be allocated at
the discretion of the commissioner based on participation levels
for priority group members in each county.
(b) No more than 15 percent of the money allocated under
paragraph (a) may be used for administrative activities.
(c) Except as provided in paragraph (d), at least 70
percent of the money allocated to counties must be used for case
management services and employment and training services for
caretakers in the priority groups. Up to 30 percent of the
money may be used for employment search activities and
employment and training services for nonpriority caretakers.
(d) A county whose proportion of the statewide average
monthly AFDC-UP caseload exceeds its proportion of the statewide
AFDC caseload may, with the approval of the commissioner of
human services, use up to 40 percent of the money allocated
under this section for employment search activities and
employment and training services for nonpriority caretakers.
(e) Counties and the department of jobs and training shall
bill the commissioner of human services for any expenditures
incurred by the county, the county's employment and training
service provider, or the department of jobs and training that
may be reimbursed by federal money. The commissioner of human
services shall bill the United States Department of Health and
Human Services for the reimbursement and appropriate the
reimbursed money to the county or employment and training
service provider that submitted the original bill. The
reimbursed money must be used to expand employment and training
services.
Sec. 21. Minnesota Statutes 1986, section 256.736, is
amended by adding a subdivision to read:
Subd. 17. [PHASE-IN.] The commissioner shall implement
this section on a statewide basis as quickly as possible. The
commissioner may phase in changes under the section in any
reasonable manner that ensures a unified, statewide coordinated
program by no later than December 31, 1988.
Sec. 22. [256.7365] [SPECIAL PROJECTS TO ADDRESS
DEPENDENCE ON AFDC.]
Subdivision 1. [ESTABLISHMENT AND PURPOSE.] The
commissioner shall establish a grant program for projects to
serve AFDC caretakers who have received AFDC for at least 36
months, AFDC caretakers with substantial barriers to employment,
or individuals at risk of long-term dependency on AFDC. The
projects shall assist individuals to escape or avoid long-term
dependency on AFDC.
Subd. 2. [DEFINITIONS.] For the purpose of this section,
the following terms have the meanings given them.
(a) "Substantial barriers to employment" means
disabilities, chemical dependency, having children with
disabilities, lack of a high school degree, lack of a marketable
occupational skill, three or more children, or lack of regular
work experience in the previous five years.
(b) "Case management" means case management as defined in
subdivision 11.
Subd. 3. [APPLICATION.] Counties, employment and training
service providers, cities, local and state agencies, federally
recognized Indian reservations, educational institutions, job
training agencies, community-based organizations, displaced
homemaker programs, supported work programs, and other nonprofit
agencies may apply for grants under this section.
Subd. 4. [SELECTION.] A committee consisting of the
commissioner of human services, the commissioner of jobs and
training, and the director of the state board of vocational
technical education, or their designees, shall review the
project proposals and select projects to receive grants under
this section. The first set of projects must be selected by
March 1, 1988. At least two projects must be selected that are
operated by or in cooperation with tribes or organizations
representing ethnic minorities, except that the committee may
reject any project proposal that does not meet the design
requirements established in subdivision 5.
Subd. 5. [PROJECT DESIGN.] Projects selected under this
section must:
(1) use existing resources whenever possible;
(2) serve one of the three groups listed in subdivision 1;
(3) meet financial and administrative standards established
by the commissioner;
(4) participate in reporting and evaluation requirements as
specified by the commissioner; and
(5) provide matching funds, including in-kind matches, but
not including income maintenance grants, medical assistance,
food stamps, or state job training funds. Preference shall be
given to projects which include multi-agency participation or
coordination.
Subd. 6. [ALLOWABLE EXPENDITURES.] (a) Projects may use
money received under this section for education, employment,
social services, child care, transportation, support services,
rehabilitation services, relocation assistance, job development,
work experience, on-the-job training, case management, medical
services, and other appropriate services.
(b) Projects may use up to 15 percent of the money received
under this section for administrative expenses. Administrative
expenses do not include expenses for activities in paragraph (a).
(c) The commissioner may establish limits on the use of
money for particular purposes or services.
Subd. 7. [DEMONSTRATION AND EVALUATION.] For the biennium
ending June 30, 1989, projects are demonstration projects to
test the effectiveness of differing approaches to serving
populations with acute needs. The commissioner of human
services shall submit to the governor and the legislature a
progress report by February 1, 1989, and shall submit subsequent
program evaluation reports as part of the biennial plan.
Subd. 8. [CONTINUED FUNDING.] Projects that received
grants for the biennium ending June 30, 1989, and achieve
effective results must be given priority for grants in
succeeding cycles.
Subd. 9. [CARRYOVER AUTHORITY.] Money appropriated in one
fiscal year may be carried forward into the next year to ensure
continuity of services and funding for follow-up services.
Sec. 23. Minnesota Statutes 1986, section 256.74,
subdivision 1, is amended to read:
Subdivision 1. [AMOUNT.] The amount of assistance which
shall be granted to or on behalf of any dependent child and
mother or other needy eligible relative caring for the dependent
child shall be determined by the county agency in accordance
with rules promulgated by the commissioner and shall be
sufficient, when added to all other income and support available
to the child, to provide the child with a reasonable subsistence
compatible with decency and health. The amount shall be based
on the method of budgeting required in Public Law Number 97-35,
section 2315, United States Code, title 42, section 602, as
amended and federal regulations at Code of Federal Regulations,
title 45, section 233. Nonrecurring lump sum income received by
an assistance unit must be budgeted in the normal retrospective
cycle. The number of months of ineligibility is determined by
dividing the amount of the lump sum income and all other income,
after application of the applicable disregards, by the standard
of need for the assistance unit. An amount remaining after this
calculation is income in the first month of eligibility. If the
total monthly income including the lump sum income is larger
than the standard of need for a single month the first month of
ineligibility is the payment month that corresponds with the
budget month in which the lump sum income was received. In
making its determination the county agency shall disregard the
following from family income:
(1) all of the earned income of each dependent child
receiving aid to families with dependent children who is a
full-time student or part-time student, and not a full-time
employee, attending a school, college, or university, or a
course of vocational or technical training designed to fit
students for gainful employment as well as all the earned income
derived from the job training and partnership act (JTPA) for a
dependent child for six calendar months per year, together with
unearned income derived from the job training and partnership
act;
(2) all educational grants and loans awarded pursuant to a
federal law when public assistance was considered in making the
award and the award was made on the basis of financial need; and
that part of any other educational grant or loan which is used
for educational purposes, such as tuition, fees, equipment,
transportation and child care expenses necessary for school
attendance;
(3) the first $75 of each individual's earned income. For
self-employed persons, the expenses directly related to
producing goods and services and without which the goods and
services could not be produced shall be disregarded pursuant to
rules promulgated by the commissioner;
(4) an amount equal to the actual expenditures but not to
exceed $160 for the care of each dependent child or
incapacitated individual living in the same home and receiving
aid. In the case of a person not engaged in full-time
employment or not employed throughout the month, the
commissioner shall prescribe by rule a lesser amount to be
disregarded;
(5) thirty dollars plus one-third of the remainder of each
individual's earned income not already disregarded for
individuals found otherwise eligible to receive aid or who have
received aid in one of the four months before the month of
application. With respect to any month, the county welfare
agency shall not disregard under this clause any earned income
of any person who has:
(a) reduced earned income without good cause within 30 days
preceding any month in which an assistance payment is made; or
(b) refused without good cause to accept an offer of
suitable employment; or
(c) left employment or reduced earnings without good cause
and applied for assistance so as to be able later to return to
employment with the advantage of the income disregard; or
(d) failed without good cause to make a timely report of
earned income in accordance with rules promulgated by the
commissioner of human services.
Persons who are already employed and who apply for
assistance shall have their needs computed with full account
taken of their earned and other income. If earned and other
income of the family is less than need, as determined on the
basis of public assistance standards, the county agency shall
determine the amount of the grant by applying the disregard of
income provisions. The county agency shall not disregard earned
income for persons in a family if the total monthly earned and
other income exceeds their needs, unless for any one of the four
preceding months their needs were met in whole or in part by a
grant payment.
The disregard of $30 and one-third of the remainder of
earned income described in clause (5) shall be applied to the
individual's income for a period not to exceed four consecutive
months. Any month in which the individual loses this disregard
because of the provisions of clauses (5)(a) to (5)(d) shall be
considered as one of the four months. An additional $30 work
incentive must be available for an eight-month period beginning
in the month following the last month of the combined $30 and
one-third work incentive. This period must be in effect whether
or not the person has earned income or is eligible for AFDC. To
again qualify for the earned income disregards under clause (d),
the individual must not be a recipient of aid for a period of 12
consecutive months. When an assistance unit becomes ineligible
for aid due to the fact that these disregards are no longer
applied to income, the assistance unit shall be eligible for
medical assistance benefits for a 12-month period beginning with
the first month of AFDC ineligibility;
(6) the first $50 per assistance unit of the monthly
support obligation collected by the support and recovery (IV-D)
unit; and
(7) that portion of an insurance settlements settlement
earmarked and used to pay medical bills, to compensate a member
of an assistance unit for partial or permanent loss of function
or a body part expenses, funeral and burial costs, or to repair
or replace insured property.
The first $50 of periodic support payments collected by the
public authority responsible for child support enforcement from
a person with a legal obligation to pay support for a member of
the assistance unit shall be paid to the assistance unit within
15 days of after the end of the month in which the collection of
such periodic support payments occurred and shall be disregarded
in determining the amount of assistance.
Sec. 24. [256.745] [SERVICE DELIVERY IMPROVEMENT PILOT
PROJECT.]
Subdivision 1. [STEP.] "STEP" means the strive toward
excellence program administered by the department of
administration.
Subd. 2. [PILOT PROJECT ESTABLISHED; GOALS.] The service
delivery improvement project, consisting of six pilot projects
selected under subdivision 4, is established to use STEP
productivity improvement technology to achieve the following
goals: redesign of employment and training and income
maintenance delivery systems as required under Laws 1985, First
Special Session chapter 14, article 9; and improvement of the
quality and cost effectiveness of employment and training and
income maintenance services provided to clients.
Subd. 3. [COMMITTEE.] The commissioner shall establish and
select a committee to administer the service delivery
improvement project. The committee consists of the
commissioner, the commissioner of jobs and training, the
commissioner of human services, one member of the senate, one
member of the house of representatives, one public member
representing the private sector, and other public members
considered necessary by the commissioner. The commissioner may
reimburse the public members for actual expenses in the same
manner and amount as authorized by the commissioner's plan under
section 43A.18, subdivision 2.
Subd. 4. [DUTIES.] The committee shall solicit from local
service units or consortia of local service units proposals to
conduct innovative pilot projects to redesign the employment and
training and income maintenance delivery system. By December 1,
1987, the committee shall evaluate the proposals and select six
pilot projects to receive training and technical assistance as
provided in subdivision 6.
Subd. 5. [EVALUATION.] The committee shall evaluate each
proposal based upon the extent to which the proposed pilot
project uses STEP productivity improvement technology, addresses
the goals set forth under subdivision 2, and involves members of
the private sector in joint financing of delivery system
innovations.
Subd. 6. [TRAINING AND TECHNICAL ASSISTANCE.] The
commissioner shall contract with the department of
administration to provide staff training, technical assistance,
and detailed periodic reports of the day-to-day operation of a
pilot project to affected local service units.
Subd. 7. [COOPERATION OF AGENCIES.] The commissioner of
human services and the commissioner of jobs and training shall
cooperate fully with local service units undertaking pilot
projects under this section. If requested by a local service
unit which has had a pilot project selected under subdivision 4,
the commissioner shall reduce, to the extent possible, reporting
and other requirements which may be applicable under state law
to that pilot project.
Sec. 25. [256.979] [CHILD SUPPORT INCENTIVES.]
Subdivision 1. [INCENTIVE AWARD ACCOUNT.] The state share
of AFDC child support collections received by the commissioner
of human services during fiscal year 1988 in excess of a
threshold of $14,273,000 and during fiscal year 1989 in excess
of a threshold of $15,628,000 must be deposited in an incentive
award account for nonpublic assistance collections. Money in
the incentive award account is appropriated to the commissioner
of human services for distribution to counties under this
section. This subdivision does not apply to an increase in
child support collections that may result from changes in
federal law pertaining to the treatment of the first $50 of
periodic support payments collected by the child support
enforcement office.
Subd. 2. [RATIO DETERMINATION.] Using information reported
to the commissioner of human services under Title IV-D of the
Social Security Act by county agencies responsible for child
support enforcement, the commissioner shall determine the
cost-benefit ratio for each county on a quarterly basis. The
commissioner shall determine the ratio by dividing each county's
nonpublic assistance collections by the county child support
agency costs. For purposes of this section, collections made on
behalf of another county agency in Minnesota shall be identified
and counted only by the county agency making the collection.
Subd. 3. [PERCENTAGE DETERMINATION.] The commissioner
shall use the following table to determine the percentage for
each county that corresponds to the ratio determined in
subdivision 2. The commissioner shall multiply each county
agency's quarterly nonpublic assistance collections by the
applicable percentage to determine the county agency's nonpublic
assistance dollar amount for purposes of this subdivision.
Ratio* Percent
.1 or less 3.0
.2 3.5
.4 4.0
.6 4.5
.8 5.0
1.0 5.5
1.2 6.0
1.4 6.5
1.6 7.0
1.8 7.5
2.0 8.0
2.2 8.5
2.4 9.0
2.6 9.5
2.8 or more 10.0
*A county ratio that falls between two listed ratios must
be rounded up to the next listed ratio.
Subd. 4. [DISTRIBUTION FORMULA.] (a) The commissioner
shall determine each county child support enforcement agency's
share of the state's quarterly incentive award for nonpublic
assistance collections according to the formula in paragraph
(b). County agencies that do not submit the required report to
the commissioner within 30 days after the end of the quarter
shall not receive an incentive award under this section and are
excluded for purposes of the formula in this subdivision.
Within 45 days after the end of the quarter, the commissioner
shall inform each county agency of the determinations and pay
the determined amount to the county agency. Incentive payments
under this section must begin with the quarter ending September
30, 1988.
(b) To determine the county agency's quarterly incentive
award, the commissioner shall:
(1) add all county agency quarterly nonpublic assistance
dollar amounts as determined in subdivision 3;
(2) divide the state's quarterly nonpublic assistance
incentive award by the total obtained in clause (1); and
(3) multiply the quotient obtained in clause (2) by each
county agency's quarterly nonpublic assistance dollar amount as
determined under subdivision 3.
Sec. 26. Minnesota Statutes 1986, section 256B.37, is
amended by adding a subdivision to read:
Subd. 7. [PRIVATE BENEFITS TO BE USED FIRST.] Private
accident and health care coverage for medical services is
primary coverage and must be exhausted before medical assistance
is paid. When a person who is otherwise eligible for medical
assistance has private accident or health care coverage,
including a prepaid health plan, the private health care
benefits available to the person must be used first and to the
fullest extent. Supplemental payment may be made by medical
assistance, but the combined total amount paid must not exceed
the amount payable under medical assistance in the absence of
other coverage. Medical assistance must not make supplemental
payment for covered services rendered by a vendor who
participates or contracts with a health coverage plan if the
plan requires the vendor to accept the plan's payment as payment
in full.
Sec. 27. Minnesota Statutes 1986, section 256D.01,
subdivision 1a, is amended to read:
Subd. 1a. [STANDARDS.] (1) 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.
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 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 general assistance or aid to families with dependent
children, or would be receiving them but for sanction or
disqualification, then the standard applicable to the general
assistance recipient's assistance unit must equal the amount
that would be attributable 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, 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 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 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 of becoming
eligible for the social security retirement program or if the
relative is a person described in section 256D.05, subdivision
1, paragraph (a), clause (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.
(2) The commissioner shall set the standard of assistance
for an assistance unit consisting of an adult recipient who is
childless and unmarried or living apart from his or her children
and spouse and who does not live with his or her parent or
parents or a legal custodian. When the other standards
specified in this subdivision increase, this standard shall also
be increased by the same percentage.
(3) For an assistance unit consisting of an adult who is
childless and unmarried or living apart from his or her children
and spouse, but who lives with his or her parent or parents, the
general assistance standard of assistance shall be equal to the
amount that the aid to families with dependent children standard
of assistance would increase if the recipient were added as an
additional minor child to an assistance unit consisting of the
recipient's parent and all of that parent's family members,
provided that the standard shall not exceed the standard for a
general assistance recipient living alone. Benefits received by
a responsible relative of the assistance unit under the
supplemental security income program, a workers' compensation
program, the Minnesota supplemental aid program, or any other
program based on the responsible relative's disability, and any
benefits received by a responsible relative of the assistance
unit under the social security retirement program, shall not be
counted in the determination of eligibility or benefit level for
the assistance unit. An adult child shall be ineligible for
general assistance if the available resources or the countable
income of the adult child and the parent or parents with whom he
or she lives are such that a family consisting of the adult
child's parent or parents, the parent or parents' other family
members and the adult child as the only or additional minor
child would be financially ineligible for general assistance.
(4) For an assistance unit consisting of a married couple
who are childless or who live apart from any child or children
of whom either of the married couple is a parent or legal
custodian, the standards of assistance shall be equal to the
first and second adult standards of the aid to families with
dependent children program. If one member of the couple is not
included in the general assistance grant, then the standard of
assistance for the other shall be equal to the second adult
standard of the aid to families with dependent children program,
except that, when one member of the couple is not included in
the general assistance grant because he or she is not
categorically eligible for general assistance under section
256D.05, subdivision 1, and has exhausted work readiness
eligibility under section 256D.051, subdivision 4 or 5, for the
period of time covered by the general assistance grant, then the
standard of assistance for the remaining member of the couple
shall be equal to the first adult standard of the aid to
families with dependent children program.
(5) For an assistance unit consisting of all members of a
family, the standards of assistance shall be the same as the
standards of assistance applicable to a family under the aid to
families with dependent children program if that family had the
same number of parents and children as the assistance unit under
general assistance and if all members of that family were
eligible for the aid to families with dependent children
program. If one or more members of the family are not included
in the assistance unit for general assistance, the standards of
assistance for the remaining members shall be equal to the
standards of assistance applicable to an assistance unit
composed of the entire family, less the standards of assistance
applicable to a family of the same number of parents and
children as those members of the family who are not in the
assistance unit for general assistance. Notwithstanding the
foregoing, if an assistance unit consists solely of the minor
children because their parent or parents have been sanctioned
from receiving benefits from the aid to families with dependent
children program, the standard for the assistance unit shall be
equal to the special child standard of the aid to families with
dependent children program. A child shall not be excluded from
the assistance unit unless income intended for its benefit is
received from a federally aided categorical assistance program;
supplemental security income; retirement, survivors, and
disability income; other assistance programs; or child support
and maintenance payments. The income of a child who is excluded
from the assistance unit shall not be counted in the
determination of eligibility or benefit level for the assistance
unit.
Sec. 28. Minnesota Statutes 1986, section 256D.02,
subdivision 5, is amended to read:
Subd. 5. "Family" means two or more individuals who are
related by blood, marriage or adoption, who are living in a
place or residence maintained by one or more of them as a home,
and at least one of whom is a child who is not married to
another of such individuals and is in the care of or dependent
upon another of such individuals the following persons who live
together: a minor child or a group of minor children related to
each other as siblings, half siblings, or stepsiblings, together
with their natural or adoptive parents, their stepparents, or
their legal custodians, and any other minor children of whom an
adult member of the family is a legal custodian.
Sec. 29. Minnesota Statutes 1986, section 256D.02,
subdivision 8, is amended to read:
Subd. 8. "Income" means any form of income, including
remuneration for services performed as an employee and net
earnings from self-employment, reduced by the amount
attributable to employment expenses as defined by the
commissioner. The amount attributable to employment expenses
shall include amounts paid or withheld for federal and state
personal income taxes and federal social security taxes.
"Income" includes any payments received as an annuity,
retirement, or disability benefit, including veteran's or
workers' compensation; old age, survivors, and disability
insurance; railroad retirement benefits; unemployment benefits;
and benefits under any federally aided categorical assistance
program, supplementary security income, or other assistance
program; rents, dividends, interest and royalties; and support
and maintenance payments. Such payments may not be considered
as available to meet the needs of any person other than the
person for whose benefit they are received, unless that person
is under a legal duty to support another a family member or a
spouse and the income is not excluded under section 256D.01,
subdivision 1a. Goods and services provided in lieu of cash
payment shall be excluded from the definition of income, except
that payments made for room, board, tuition or fees by a parent,
on behalf of a child enrolled as a full-time student in a
post-secondary institution, must be included as income.
Sec. 30. Minnesota Statutes 1986, section 256D.03,
subdivision 2, is amended to read:
Subd. 2. After December 31, 1980, state aid shall be paid
to local agencies for 75 percent of all general assistance
grants up to the standards of section 256D.01, subdivision 1a,
and according to procedures established by the commissioner,
except that, after December 31, 1987, state aid is reduced to 65
percent of all general assistance grants if the local agency
does not make occupational or vocational literacy training
available and accessible to recipients who are eligible for
assistance under section 256D.05, subdivision 1, paragraph (a),
clause (15).
After December 31, 1986, state aid must be paid to local
agencies for 65 percent of work readiness assistance paid under
section 256D.051 if the county does not have an approved and
operating community investment program.
Any local agency may, from its own resources, make payments
of general assistance: (a) at a standard higher than that
established by the commissioner without reference to the
standards of section 256D.01, subdivision 1; or, (b) to persons
not meeting the eligibility standards set forth in section
256D.05, subdivision 1, but for whom the aid would further the
purposes established in the general assistance program in
accordance with rules promulgated by the commissioner pursuant
to the administrative procedure act.
Sec. 31. Minnesota Statutes 1986, section 256D.05,
subdivision 1, is amended to read:
Subdivision 1. [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 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
subdivision 3;
(5) a person who is or may be eligible for displaced
homemaker services, programs, or assistance under section
268.96, 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 the person's 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 that member's 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 jobs
and training;
(13) a person who is certified by the commissioner of jobs
and training 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 jobs and training
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;
(15) a person who is determined by the local agency, in
accordance with emergency and permanent rules adopted by the
commissioner, to be functionally illiterate, provided that the
person complies with literacy training requirements set by the
local agency under section 32. A person who is terminated for
failure to comply with literacy training requirements may not
reapply for assistance under this clause for 60 days. The local
agency must provide an oral explanation to the person of the
person's responsibilities under this clause, the penalties for
failure to comply, the agency's duties under section 256D.0505,
subdivision 2, and the person's right to appeal (1) at the time
an application is approved based on this clause, and (2) at the
time the person is referred to literacy training; or
(16) a child under the age of 18 who is not living with a
parent, stepparent, or legal custodian, but only if: the child
is legally emancipated or living with an adult with the consent
of an agency acting as a legal custodian; the child is at least
16 years of age and the general assistance grant is approved by
the director of the local agency or a designated representative
as a component of a social services case plan for the child; or
the child is living with an adult with the consent of the
child's legal custodian and the local agency.
(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. 32. [256D.052] [LITERACY TRAINING FOR RECIPIENTS.]
Subdivision 1. [OCCUPATIONAL AND VOCATIONAL PROGRAMS.] The
local agency must work with local educational institutions and
job training programs in the identification, development, and
utilization of occupational and vocational literacy programs for
general assistance recipients. Occupational and vocational
literacy programs are programs which provide literacy training
to adults who lack formal education or job skills. The programs
emphasize particular language and reading skills needed for
successful job performance.
Subd. 2. [ASSESSMENT AND ASSIGNMENT.] The local agency
must:
(1) assess existing reading level, learning disabilities,
reading potential, and vocational or occupational interests of
people eligible under section 256D.05, subdivision 1, paragraph
(a), clause (15);
(2) assign suitable recipients to openings in occupational
and vocational literacy programs;
(3) if no openings are available in accessible occupational
or vocational literacy programs, assign suitable recipients to
openings in other accessible literacy training programs; and
(4) reassign to another accessible literacy program any
recipient who does not complete an assigned program and who
wishes to try another program.
Subd. 3. [SERVICES PROVIDED.] The local agency must
provide child care and transportation to enable people to
participate in literacy training under this section.
Subd. 4. [PAYMENT OF GENERAL ASSISTANCE.] The local agency
must provide assistance under section 256D.05, subdivision 1,
paragraph (a), clause (15) to people who:
(1) participate in a literacy program assigned under
subdivision 2. To "participate" means to attend regular
classes, complete assignments, and make progress toward literacy
goals;
(2) despite participation for a period of six months or
more, fail to progress in assigned literacy programs;
(3) are not assigned to literacy training because there is
no program available or accessible to them; or
(4) have failed for good cause to complete an assigned
literacy program.
Subd. 5. [REASSESSMENT AND LITERACY REFERRAL.] (a) When a
person is no longer functionally illiterate under rules adopted
by the commissioner or is terminated for failure to comply with
literacy training requirements, the local agency must assess the
person's eligibility for general assistance under the remaining
provisions of section 256D.05, subdivision 1, paragraph (a).
The local agency must refer to the work readiness program under
section 256D.051 all people not eligible for general assistance.
(b) The local agency may also refer for voluntary work
readiness services all recipients who reach a level of literacy
that may allow successful participation in job training,
provided that the job training does not interfere with a
recipient's participation in literacy training. However,
referral under this clause does not affect general assistance
eligibility.
Subd. 6. [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.
Subd. 7. [COSTS.] The state shall reimburse local agencies
for the costs of providing transportation under this section.
Counties must make every effort to ensure that child care is
available as needed by recipients who are pursuing literacy
training. A recipient who is unable to obtain affordable child
care is not required to participate in literacy training.
Counties must identify literacy programs and services
available through educational institutions and are required to
provide additional services within the limits of available
appropriations.
Sec. 33. Minnesota Statutes 1986, section 256D.051,
subdivision 1, is amended to read:
Subdivision 1. [WORK REGISTRATION.] A person or, family,
or married couple 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
subdivision 3, 4, and 5. The local agency shall pay work
readiness assistance in monthly payments beginning at the time
of registration.
Sec. 34. Minnesota Statutes 1986, section 256D.051,
subdivision 2, is amended to read:
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) and shall provide a work readiness program to recipients
referred under section 32, subdivision 5, paragraph (b).
Sec. 35. Minnesota Statutes 1986, section 256D.051,
subdivision 6, is amended to read:
Subd. 6. [LOCAL AGENCY OPTIONS.] The local agency may, at
its option, provide up to $100 per $200 for each registrant who
has completed an employment development plan 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.
Sec. 36. Minnesota Statutes 1986, section 256D.051, is
amended by adding a subdivision to read:
Subd. 6a. [COUNTY MATCH AND USE OF FUNDS.] Each county
shall provide a 25 percent match for direct participation
expenses and administrative costs of providing work readiness
services. Funds may be used for the following direct
participation expenses: transportation, clothes, tools, and
other necessary work-related expenses. Funds may be used for
administrative costs incurred providing the following services:
employability assessments and employability development plans,
employment search assistance, education, orientation, placement,
on-the-job training, and other appropriate activities.
Sec. 37. Minnesota Statutes 1986, section 256D.051,
subdivision 8, is amended to read:
Subd. 8. [INELIGIBILITY VOLUNTARY QUIT.] A person who is
otherwise eligible to receive work readiness assistance under
subdivision 1 must be terminated from work readiness assistance
on quitting work without good cause, being fired for misconduct,
or refusing to accept an offer of suitable employment. A person
is not eligible for work readiness payments or services if,
without good cause, the person refuses a legitimate offer of
suitable employment within 60 days before the date of
application. A person who, without good cause, voluntarily
quits suitable employment or refuses a legitimate offer of
suitable employment while receiving work readiness payments or
services shall be disqualified for two months according to rules
adopted by the commissioner.
Sec. 38. Minnesota Statutes 1986, section 256D.06,
subdivision 1, is amended to read:
Subdivision 1. General assistance shall be granted in such
an amount that when added to the nonexempt income actually
available to the individual, married couple, or family, the
total amount equals the applicable standard of
assistance established by the commissioner for general
assistance. In determining eligibility for and the amount of
assistance the local agency shall disregard the first $50 of
earned income per month.
Sec. 39. Minnesota Statutes 1986, section 256D.06,
subdivision 1b, is amended to read:
Subd. 1b. [EARNED INCOME SAVINGS ACCOUNT.] In addition to
the $50 disregard required under subdivision 1, the local agency
shall disregard an additional earned income up to a maximum of
$150 per month for persons residing in facilities licensed under
Minnesota Rules, parts 9520.0500 to 9520.0690 and 9530.2500 to
9530.4000, and for whom discharge and work are part of a
treatment plan. The additional amount disregarded must be
placed in a separate savings account by the eligible individual,
to be used upon discharge from the residential facility into the
community. A maximum of $1,000, including interest, of the
money in the savings account must be excluded from the resource
limits established by section 256D.08, subdivision 1, clause (1).
Amounts in that account in excess of $1,000 must be applied to
the resident's cost of care. If excluded money is removed from
the savings account by the eligible individual at any time
before the individual is discharged from the facility into the
community, the money is income to the individual in the month of
receipt and a resource in subsequent months. If an eligible
individual moves from a community facility to an inpatient
hospital setting, the separate savings account is an excluded
asset for up to 18 months. During that time, amounts that
accumulate in excess of the $1,000 savings limit must be applied
to the patient's cost of care. If the patient continues to be
hospitalized at the conclusion of the 18-month period, the
entire account must be applied to the patient's cost of care.
Sec. 40. Minnesota Statutes 1986, section 256D.06,
subdivision 2, is amended to read:
Subd. 2. Notwithstanding the provisions of subdivision 1,
a grant of general assistance shall be made to an eligible
individual, married couple, or family for an emergency need, as
defined in rules promulgated by the commissioner, where the
recipient requests temporary assistance not exceeding 30 days if
an emergency situation appears to exist and the individual is
ineligible for the program of emergency assistance under aid to
families with dependent children and is not a recipient of aid
to families with dependent children at the time of application
hereunder. If a recipient relates facts to the local agency
which may be sufficient to constitute an emergency situation,
the local agency shall advise the recipient of the procedure for
applying for assistance pursuant to this subdivision.
Sec. 41. Minnesota Statutes 1986, section 256D.08,
subdivision 1, is amended to read:
Subdivision 1. In determining eligibility of a family,
married couple, or individual there shall be excluded the
following resources:
(1) Real or personal property or liquid assets which do not
exceed those permitted under the federally aided assistance
program known as aid to families with dependent children; and
(2) Other property which has been determined, in accordance
with and subject to limitations contained in rules promulgated
by the commissioner, to be essential to the family or individual
as a means of self-support or self-care or which is producing
income that is being used for the support of the individual or
family. The commissioner shall further provide by rule the
conditions for those situations in which property not excluded
under this subdivision may be retained by the family or
individual where there is a reasonable probability that in the
foreseeable future the property will be used for the
self-support of the individual or family; and
(3) Payments, made pursuant to litigation and subsequent
appropriation by the United States Congress, of funds to
compensate members of Indian tribes for the taking of tribal
land by the federal government.
Sec. 42. Minnesota Statutes 1986, section 256D.101, is
amended to read:
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; and shall state the facts that support the local
agency's determination;. For the first two times in a six-month
period that the registrant has failed without good cause to
comply with program requirements, the notification 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
ten 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. A registrant who fails
without good cause to comply with requirements of the program
more than two times in a six-month period must be notified of
termination.
Subd. 2. [NOTICE OF GRANT REDUCTION, SUSPENSION, OR
TERMINATION.] No The notice of grant reduction, suspension, or
termination on the ground that a registrant has failed to comply
with section 256D.051 shall be given mailed or hand delivered 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 concurrently with the notification required by
subdivision 1. Prior to giving the notification, assessed the
local agency must assess the registrant's eligibility for
general assistance under section 256D.05 to the extent possible
using information contained in the case file, and determined
determine 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.
Subd. 3. [BENEFITS AFTER NOTIFICATION.] Assistance
payments otherwise due to the registrant under section 256D.051
shall not be paid after the notification required in subdivision
1 has been provided to the registrant unless, before the date
stated in the notification, the registrant takes the specified
action necessary to achieve compliance or, within five days
after the effective date stated in the notice, files an appeal
of the grant reduction, suspension, or termination. If, by the
required date, the registrant does take the specified action
necessary to achieve compliance, both the notification required
by subdivision 1 and the notice required by subdivision 2 shall
be canceled and all benefits due to the registrant shall be paid
promptly. If, by the required date, the registrant files an
appeal of the grant reduction, suspension, or termination,
benefits otherwise due to the registrant shall be continued
pending the outcome of the appeal.
Sec. 43. Minnesota Statutes 1986, section 256D.15, is
amended to read:
256D.15 [RELATIVE'S RESPONSIBILITY.]
The financial responsibility of a relative for an applicant
for or recipient of general assistance or work readiness shall
not extend beyond the relationship of a spouse or a parent of an
adult child who resides with the parent, or the parent of a
minor child regardless of where the minor child resides, or a
family member who resides with the applicant or recipient.
Sec. 44. Minnesota Statutes 1986, section 257.33, is
amended to read:
257.33 [DUTIES OF COMMISSIONER OF HUMAN SERVICES.]
Subdivision 1. [SERVICES TO PREGNANT WOMEN.] It shall be
the duty of the commissioner of human services to offer
appropriate social services to any pregnant woman who is in need
of social services under criteria prescribed by rule of the
commissioner. The commissioner shall also offer appropriate
social services to the woman and her child after the birth of
the child.
Subd. 2. [MINOR PARENTS AND THEIR CHILDREN.] (a) Every
birth to a minor shall be reported by the hospital where the
birth occurs, within three working days after the birth. The
hospital shall make the report to the commissioner on a form
provided by the department of human services county social
services agency in the county in which the minor mother resides
and shall notify the minor that the report has been made. The
county social services agency shall contact any minor mother who
does not have a case manager who resides in the county and
determine whether she has a plan for herself and her child. The
plan must consider:
(1) the age of the minor parent;
(2) the involvement of the minor's parents or of other
adults who provide active, ongoing guidance, support, and
supervision;
(3) the involvement of the father of the minor's child,
including steps being taken to establish paternity, if
appropriate;
(4) a decision of the minor to keep and raise her child or
place the child for adoption;
(5) completion of high school or GED;
(6) current economic support of the minor parent and child
and plans for economic self-sufficiency;
(7) parenting skills of the minor parent;
(8) living arrangement of the minor parent and child;
(9) child care and transportation needed for education,
training, or employment;
(10) ongoing health care; and
(11) other services as needed to address personal or family
problems or to facilitate the personal growth and development
and economic self-sufficiency of the minor parent and child.
(b) If the minor parent does not have a plan for herself
and child, the county social services agency shall work with her
to develop a plan and shall provide case management services as
needed to assure the resources and services are available to
meet the plan requirements.
(c) If the minor parent refuses to plan for herself and her
child or fails, without good cause, to follow through on an
agreed upon plan, the county social services agency may file a
petition under section 260.131 seeking an order for protective
supervision under section 260.191, subdivision 1, clause (a), on
the grounds that the minor parent's child is dependent due to
the state of immaturity of the minor parent. A contract with a
minor parent under section 256.736, subdivision 11(a)(4) is an
"agreed upon plan" for purposes of this section.
Sec. 45. Minnesota Statutes 1986, section 257.34,
subdivision 1, is amended to read:
Subdivision 1. [ACKNOWLEDGMENT BY PARENTS.] The mother and
father of a child born to a mother who was not married to the
child's father when the child was conceived nor when the child
was born may, in a writing signed by both of them before a
notary public, declare and acknowledge under oath that they are
the biological parents of the child. The declaration may
provide that any such child born to the mother at any time
before or up to ten months after the date of execution of the
declaration is the biological child of the signatories.
Execution of the declaration shall:
(a) have the same consequences as an acknowledgment by the
signatories of parentage of the child for the purposes of
sections 62A.041 and 62C.14, subdivision 5a;
(b) be conclusive evidence that the signatories are parents
of the child for the purposes of sections 176.111 and 197.09 to
197.11 197.75 and 197.752;
(c) have create a presumption that the same consequences as
an acknowledgment by signatory is the biological father of
paternity of the child for the purposes of sections 257.57 and
257.66 257.51 to 257.74;
(d) when timely filed with the division of vital statistics
of the Minnesota department of health as provided in section
259.261, qualify as an affidavit stating the intention of the
signatories to retain parental rights as provided in section
259.261 if it contains the information required by section
259.261 or rules promulgated thereunder;
(e) have the same consequences as a writing declaring
paternity of the child for the purposes of section 524.2-109;
and
(f) be conclusive evidence that the signatories are parents
of the child for the purposes of chapter 573.
Sec. 46. Minnesota Statutes 1986, section 257.57,
subdivision 2, is amended to read:
Subd. 2. An action to determine the existence or
nonexistence of the father and child relationship presumed under
section 257.55, subdivision 1, clause (d) or (e) may be brought
at any time by The child, the mother or personal representative
of the child, the public authority chargeable by law with the
support of the child, the personal representative or a parent of
the mother if the mother has died or is a minor, a man alleged
or alleging himself to be the father, or the personal
representative or a parent of the alleged father if the alleged
father has died or is a minor may bring an action:
(1) at any time for the purpose of declaring the existence
of the father and child relationship presumed under section
257.55, subdivision 1, clause (d) or (e), or the nonexistence of
the father and child relationship presumed under clause (d) of
that subdivision; or
(2) for the purpose of declaring the nonexistence of the
father and child relationship presumed under section 257.55,
subdivision 1, clause (e) only if the action is brought within
three years after the date of the execution of the declaration.
Sec. 47. Minnesota Statutes 1986, section 257.60, is
amended to read:
257.60 [PARTIES.]
The child may be made a party to the action. If the child
is a minor and is made a party, a general guardian or a guardian
ad litem shall be appointed by the court to represent the
child. The child's mother or father may not represent the child
as guardian or otherwise. If the child is a minor and the case
involves a compromise under section 257.64, subdivision 1 or a
lump sum payment under section 257.66, subdivision 4, the child
and the commissioner of human services shall each be made a
party before the court approves a compromise or orders a lump
sum payment. The natural biological mother, each man presumed
to be the father under section 257.55, and each man alleged to
be the natural biological father, shall be made parties or, if
not subject to the jurisdiction of the court, shall be given
notice of the action in a manner prescribed by the court and
shall be given an opportunity to be heard. The public agency
responsible for support enforcement is joined as a party in each
case in which rights are assigned under section 256.74,
subdivision 5. A person who may bring an action under section
257.57 may be made a party to the action. The court may align
the parties. The child shall be made a party whenever:
(1) the child is a minor and the case involves a compromise
under section 257.64, subdivision 1, or a lump sum payment under
section 257.66, subdivision 4, in which case the commissioner of
human services shall also be made a party; or
(2) the child is a minor and the action is to declare the
nonexistence of the father and child relationship; or
(3) an action to declare the existence of the father and
child relationship is brought by a man presumed to be the father
under section 257.55, or a man who alleges to be the father, and
the mother of the child denies the existence of the father and
child relationship.
Sec. 48. Minnesota Statutes 1986, section 257.62, is
amended by adding a subdivision to read:
Subd. 6. [TESTS, EVIDENCE ADMISSIBLE.] In any hearing
brought under subdivision 5, a certified report of the facts and
results of a laboratory analysis or examination of blood or
genetic tests, that is performed in a laboratory accredited to
meet the Standards for Parentage Testing of the American
Association of Blood Banks and is prepared and attested by a
qualified expert appointed by the court, shall be admissible in
evidence without proof of the seal, signature, or official
character of the person whose name is signed to it, unless a
demand is made by a party in a motion or responsive motion made
within the time limit for making and filing a responsive motion
that the matter be heard on oral testimony before the court.
Sec. 49. Minnesota Statutes 1986, section 257.63,
subdivision 2, is amended to read:
Subd. 2. Upon refusal of a witness, including a party, to
testify under oath or produce evidence, the court may order the
party to testify under oath and produce evidence concerning all
relevant facts. If the refusal is upon the grounds that the No
testimony or evidence might tend to incriminate the party, the
court may grant the party immunity from all criminal liability
on account of the testimony or evidence the party is required to
produce. An other information compelled under the
order granting immunity bars prosecution of, or any information
directly or indirectly derived from such testimony or other
information, may be used against the witness for any offense
shown, in whole or in part, by testimony or evidence which the
party is required to produce any criminal case, except for
perjury committed in the testimony. The refusal of a witness,
who has been granted immunity, to obey an order to testify or
produce evidence is subject to the sanctions within the
jurisdiction of the court.
Sec. 50. Minnesota Statutes 1986, section 268.0122,
subdivision 3, is amended to read:
Subd. 3. [DUTIES AS A STATE AGENCY.] The commissioner
shall:
(1) administer the unemployment insurance laws and related
programs;
(2) administer the aspects of aid to families with
dependent children, general assistance, work readiness, and food
stamps that relate to employment and training services, subject
to the limitations of federal regulations contract under section
268.86, subdivision 2;
(3) administer wage subsidies and recommend to the
coordinator the use of the discretionary portion of wage subsidy
appropriations the discretionary employment and training fund;
(4) administer a national system of public employment
offices as prescribed by United States Code, title 29, chapter
4B, the Wagner-Peyser Act, and other federal employment and
training programs;
(5) cooperate with the federal government and its
employment and training agencies in any reasonable manner as
necessary to qualify for federal aid for employment and training
services and money;
(6) enter into agreements with other departments of the
state and local units of government as necessary;
(7) certify competent employment and training service
providers, with the concurrence of the coordinator, and
decertify service providers that fail to comply with performance
criteria according to standards established by the coordinator
commissioner;
(8) provide consistent, integrated employment and training
services across the state;
(9) establish the standards for all employment and training
services administered under this chapter;
(10) develop standards for the contents and structure of
the county local service unit plans;
(11) provide current state and substate labor market
information and forecasts, in cooperation with other agencies;
(12) prepare a plan and submit it to the coordinator in
each even-numbered year, according to standards established by
the coordinator, for use in developing a statewide employment
and training plan;
(13) (12) identify underserved populations, unmet service
needs, and funding requirements;
(14) (13) consult with the council for the blind on matters
pertaining to programs and services for the blind and visually
impaired; and
(15) (14) submit to the governor, the coordinator, the
commissioners of human services and finance, and the chairs of
the senate finance and house appropriations committees a
semiannual report that:
(a) reports, by client classification, an unduplicated
count of the kinds and number of services furnished through each
program administered or supervised by the department or
coordinated with it;
(b) reports on the number of job openings listed,
developed, available, and obtained by clients;
(c) identifies the number of cooperative agreements in
place, the number of individuals being served, and the kinds of
service provided them;
(d) evaluates the performance of services, such as wage
subsidies, community investments, work readiness, and grant
diversions; and
(e) explains the effects of current employment levels,
unemployment rates, and program performance on the unemployment
insurance fund and general assistance, work readiness, and aid
to families with dependent children caseloads and program
expenditures.
Sec. 51. Minnesota Statutes 1986, section 268.85,
subdivision 2, is amended to read:
Subd. 2. [ORDER OF PRIORITY.] (a) The priority for
services to be provided is:
(1) permanent, unsubsidized, full-time private or nonprofit
sector employment and, where possible, in conjunction with
targeted jobs tax credits as defined at United States Code,
title 26, section 44B, as amended by Public Law Number 98-369,
with highest priority to employment with paid medical benefits;
(2) permanent, subsidized, full-time private sector
employment;
(3) permanent, subsidized, full-time nonprofit sector
employment;
(4) training;
(5) relocation, except that relocation is considered only
when a client can find affordable housing near the new location;
and
(6) part-time, subsidized, nonprofit, or public employment
with continued employment assistance.
(b) Individuals receiving any of the priority services in
paragraph (a) must be provided with child care, transportation,
or other support services as necessary and in relation to their
eligibility and the availability of funds.
(c) In delivering employment and training services, local
service units shall distribute their available resources in a
manner that provides greater incentives to clients in permanent
private or nonprofit sector employment than in public sector
jobs.
Sec. 52. Minnesota Statutes 1986, section 268.86,
subdivision 1, is amended to read:
Subdivision 1. [DEVELOPMENT DISCRETIONARY PROGRAMS.] The
commissioner shall may develop and administer discretionary
employment and training services programs to assist appropriate
recipients of public assistance and unemployed and underemployed
persons eligible to receive wage subsidies to become
economically independent. The services must have as their
objective the improvement of clients' opportunities for economic
independence through permanent employment. The services must
provide sufficient employment and training options to allow
local service units to effectively meet the support services,
educational, and training needs of their public assistance and
wage subsidy clients programs may include on-the-job training,
wage subsidies, classroom training, relocation expenses,
temporary cash assistance for persons in training, and support
services.
Sec. 53. Minnesota Statutes 1986, section 268.86,
subdivision 2, is amended to read:
Subd. 2. [ADMINISTRATION INTERAGENCY AGREEMENTS.] Under
agreements necessary to comply with federal regulations, By
October 1, 1987, the commissioner, on behalf of and the
commissioner of human services, shall administer enter into a
written contract for the design, delivery, and administration of
employment and training services for applicants for or
recipients of food stamps or aid to families with dependent
children and food stamps. The commissioner shall administer
employment and training services for general assistance and work
readiness recipients in consultation with the commissioner of
human services, including AFDC employment and training programs,
grant diversion, and supported work. The contract must be
approved by the coordinator and must address:
(1) specific roles and responsibilities of each department;
(2) assignment and supervision of staff for interagency
activities including any necessary interagency employee mobility
agreements under the administrative procedures of the department
of employee relations;
(3) mechanisms for determining the conditions under which
individuals participate in services, their rights and
responsibilities while participating, and the standards by which
the services must be administered;
(4) procedures for providing technical assistance to local
service units and employment and training service providers;
(5) access to appropriate staff for ongoing development and
interpretation of policy, rules, and program standards;
(6) procedures for reimbursing appropriate agencies for
administrative expenses; and
(7) procedures for accessing available federal funds.
Sec. 54. Minnesota Statutes 1986, section 268.86,
subdivision 4, is amended to read:
Subd. 4. [EMPLOYABILITY PLANS.] The commissioner shall
require that a public assistance recipient's employment status
is appraised within 30 days and that a written employability
plan is prepared for appropriate public assistance recipients in
consultation with the recipients. The plan must take into
account the level of skill and education of the recipient, as
measured against the existing market, the length of time the
recipient has been absent from the work force, and the
recipient's financial responsibility to a family, if any. The
plan must be designed to help the recipient obtain suitable
employment, or training and work skills necessary to secure
suitable employment, and may include an arrangement with another
service provider or agency for specialized employment,
education, training, or support services. A copy of the plan
must be given to the recipient at the time it is prepared; an
additional copy must be given to the local agency for its files.
Sec. 55. Minnesota Statutes 1986, section 268.871,
subdivision 1, is amended to read:
Subdivision 1. [RESPONSIBILITY AND CERTIFICATION.] Unless
prohibited by federal law or otherwise determined by state law
or the coordinator, a local service unit is responsible for the
delivery of employment and training services. After February 1,
1986 1988, employment and training services must be delivered by
public, nonprofit, or private service providers that are
certified to provide the services employment and training
service providers.
Sec. 56. Minnesota Statutes 1986, section 268.871,
subdivision 2, is amended to read:
Subd. 2. [CONTRACTING PREFERENCE.] In contracting, a local
service unit must give preference, whenever possible,
to existing certified employment and training service providers
including the job service, opportunities industrialization
centers, displaced homemaker providers, work incentive
providers, Minnesota employment and economic development act
providers, post-secondary educational institutions, and job
training partnership act programs that can effectively
coordinate federal, state, and local employment and training
services; that can maximize use of available federal and other
nonstate funds; and that have demonstrated the ability to serve
public assistance clients as well as other unemployed people.
Sec. 57. Minnesota Statutes 1986, section 268.871, is
amended by adding a subdivision to read:
Subd. 5. [REPORTS.] Each employment and training service
provider under contract with a local service unit to deliver
employment and training services must submit an annual report by
March 1 to the local service unit. The report must specify:
(1) the types of services provided;
(2) the number of priority and nonpriority AFDC recipients
served, the number of work readiness assistance recipients
served, and the number of other clients served;
(3) how resources will be prioritized to serve priority and
nonpriority public assistance recipients and other clients; and
(4) the manner in which state employment and training funds
and programs are being coordinated with federal and local
employment and training funds and programs.
Sec. 58. Minnesota Statutes 1986, section 268.88, is
amended to read:
268.88 [LOCAL SERVICE UNIT PLANS.]
(a) Local service units shall prepare and submit to the
commissioner by October April 15 of each year an annual plan for
the subsequent calendar year. The commissioner shall notify
each local service unit by December May 1 of each year if its
plan has been approved or disapproved. The plan must include:
(1) a statement of objectives for the employment and
training services the local service unit administers;
(2) the establishment of public assistance caseload
reduction goals and the strategies and programs that will be
used to achieve these goals;
(3) a statement of whether the goals from the preceding
year were met and an explanation if the local service unit
failed to meet the goals;
(4) the amount proposed to be allocated to each employment
and training service;
(5) the proposed types of employment and training services
the local service unit plans to utilize;
(6) a description of how the local service unit will use
funds provided under section 256.736 to meet the requirements of
that section. The description must include what services will
be provided, number of clients served, per service expenditures,
and projected outcomes;
(6) (7) a report on the use of wage subsidies, grant
diversions, community investment programs, sliding fee day care,
and other services administered under this chapter;
(7) (8) an annual update of the community investment
program plan according to standards established by the
commissioner; and
(8) (9) a performance review of the employment and training
service providers delivering employment and training
services for the local service unit; and
(10) a copy of any contract between the local service unit
and an employment and training service provider including
expected outcomes and service levels for public assistance
clients.
(b) In counties with a city of the first class, the county
and the city shall develop and submit a joint plan. The plan
may not be submitted until agreed to by both the city and the
county. The plan must provide for the direct allocation of
employment and training money to the city and the county unless
waived by either. If the county and the city cannot concur on a
plan, the coordinator shall resolve their dispute.
(c) The commissioner may withhold the distribution of
employment and training money from a local service unit that
does not submit a plan to the commissioner by the date set by
this section, and shall withhold the distribution of employment
and training money from a local service unit whose plan has been
disapproved by the coordinator until an acceptable amended plan
has been submitted.
(d) For 1985 1987, local service unit plans must be
submitted by November 1, 1985 and must include: October 1,
1987. The plan must include the implementation plan for aid to
families with dependent children employment and training
services as required under section 90.
(1) a statement of objectives for the employment and
training services the local service unit administers;
(2) the establishment of public assistance caseload
reduction goals and the strategies that will be used to achieve
these goals;
(3) the amount proposed to be allocated to each employment
and training service;
(4) the proposed employment and training services and
service providers the local service unit plans to utilize; and
(5) a statement of intent regarding the establishment of
either a community investment program or an employment
experience program.
If the local service unit provides a statement of intent
for the establishment of a community investment program under
clause (5), the local service unit must submit a preliminary
community investment program plan by February 1, 1986.
Sec. 59. Minnesota Statutes 1986, section 268.91,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this
section the following terms have the meanings given.
(a) "Child care services" means child care provided in
family day care homes, group day care homes, nursery schools,
day nurseries, child day care centers, play groups, head
start, and parent cooperatives, and in-home child care as
defined in the Minnesota plan for social services to families
and children or in the child's home.
(b) "Child" means a person 14 12 years old or younger, or a
person age 13 or 14 who is handicapped, as defined in section
120.03.
(c) "Commissioner" means the commissioner of jobs and
training human services.
(d) "Child care" means the care of a child by someone other
than a parent or legal guardian in or outside the child's own
home for gain or otherwise, on a regular basis, for any part of
a 24-hour day.
(e) "County board" means the board of county commissioners
in each county.
(f) "Education program" means remedial or basic education
or English as a second language instruction, high school
education, a program leading to a general equivalency diploma,
and post-secondary education excluding post-baccalaureate
programs.
(g) "Employment program" means employment of recipients
financially eligible for the child care sliding fee program,
vocational assessment, and job readiness and job search
activities.
(h) "Human services board" means a board established under
section 402.02, Laws 1974, chapter 293, or Laws 1976, chapter
340.
(i) "Provider" means the child care license holder or the
legal nonlicensed caregiver who operates a family day care home,
a group family day care home, a day care center, a nursery
school, or a day nursery, or who functions in the child's home.
(j) "Post-secondary educational systems" means the
University of Minnesota board of regents, the state university
board, the state board for community colleges, and the state
board of vocational technical education.
(k) "AFDC priority groups" means the recipients defined in
section 256.736, subdivision 2a.
(l) "AFDC" means aid to families with dependent children.
Sec. 60. Minnesota Statutes 1986, section 268.91,
subdivision 2, is amended to read:
Subd. 2. [DUTIES OF COMMISSIONER.] The commissioner shall
develop standards for county and human services boards, and
post-secondary educational systems, to provide child care
services to enable eligible families to participate in
employment or, training, or education programs. The
commissioner shall distribute money to counties to reduce the
costs of child care for eligible families. The commissioner
shall adopt rules to govern the program in accordance with this
section. The rules must establish a sliding schedule of fees
for parents receiving child care services. The commissioner
shall require counties to collect and report data that the
commissioner deems necessary to evaluate the effectiveness of
the program in preventing and reducing participants' dependence
on public assistance and in providing other benefits, including
improvement in the care provided to children. The commissioner
shall report to the full productivity and opportunity
coordinator in each even-numbered year on the effectiveness of
the program. The commissioner shall maximize the use of federal
money under the AFDC employment special needs program in section
256.736, subdivision 8, for recipients of aid to families with
dependent children who are in education, training, job search,
or other activities allowed under that program. Money
appropriated under this section must be coordinated with the
AFDC employment special needs program to accomplish this
purpose. Federal reimbursement obtained must be allocated to
the county that spent money for child care that is federally
reimbursable under the AFDC employment special needs program.
The counties shall use the federal money to expand services to
AFDC recipients under this section.
Sec. 61. Minnesota Statutes 1986, section 268.91,
subdivision 3, is amended to read:
Subd. 3. [ALLOCATION.] (a) By June 1 of each odd-numbered
year, the commissioner shall notify all county and human
services boards and post-secondary educational systems of the
their allocation and the procedures used for the sliding fee
program. Allocations must be made by July 1 of each
odd-numbered year. If the appropriation is insufficient to meet
the needs in all counties, the amount must be prorated among the
counties.
(b) For the purposes of this section Except for set-aside
money allocated under subdivisions 3a, 3b, 3c, and 3d, the
commissioner shall allocate money appropriated between the
metropolitan area, comprising the counties of Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott, and Washington, and the area
outside the metropolitan area so that no more than 55 percent of
the total appropriation goes to either area after excluding
allocations for statewide administrative costs. The
commissioner shall allocate 50 percent of the money among
counties on the basis of the number of families below the
poverty level, as determined from the most recent special
census, and 50 percent on the basis of caseloads of aid to
families with dependent children for the preceding fiscal year,
as determined by the commissioner of human services.
(c) Once each quarter, the commissioner shall review the
use of child care fund allocations by county. In accordance
with the formula found in paragraph (b), the commissioner may
reallocate unexpended or unencumbered money among those counties
who have expended their full portion. Any unexpended money from
the first year of the biennium may be carried forward to the
second year of the biennium.
Sec. 62. Minnesota Statutes 1986, section 268.91, is
amended by adding a subdivision to read:
Subd. 3a. [SET-ASIDE MONEY.] (a) State money must be set
aside by the commissioner for child care services for:
(1) AFDC priority groups;
(2) recipients of AFDC attending post-secondary education
programs, excluding post-baccalaureate programs; and
(3) students attending post-secondary education programs,
excluding post-baccalaureate programs, who meet sliding fee
program eligibility standards.
(b) The set-aside amount must be determined by the
commissioner and must not exceed 52 percent of the total funds
appropriated. Of the set-aside amount, 44 percent must be
allocated for persons described in paragraph (a), clause (1); 40
percent must be allocated for persons described in paragraph
(a), clause (2); and 16 percent must be allocated for persons
described in paragraph (a), clause (3).
Sec. 63. Minnesota Statutes 1986, section 268.91, is
amended by adding a subdivision to read:
Subd. 3b. [SET-ASIDE MONEY FOR AFDC PRIORITY GROUPS.] (a)
Set-aside money for AFDC priority groups must be allocated among
the counties based on the average monthly number of caretakers
receiving AFDC under the age of 22 and the average monthly
number of AFDC cases open 24 or more consecutive months. For
each fiscal year the average monthly caseload shall be based on
the 12-month period ending March 31 of the previous fiscal year.
The commissioner may reallocate quarterly unexpended or
unencumbered set-aside money to counties that expend their full
allocation. The county shall use the set-aside money for AFDC
priority groups.
(b) The county shall develop cooperative agreements with
the employment and training service provider for coordination of
child care funding with employment, training, and education
programs for aid to families with dependent children priority
groups. The cooperative agreement shall specify that
individuals receiving employment, training, and education
services under an employability plan from the employment and
training service provider shall, as resources permit, be
guaranteed set-aside money for child care assistance from the
county of their residence.
(c) Counties may contract for administration of the program
or may arrange for or contract for child care funds to be used
by other appropriate programs, in accordance with this section
and as permitted by federal law and regulations.
(d) If the commissioner finds, on or after January 1 of a
fiscal year, that set-aside money for AFDC priority groups is
not being fully utilized, the commissioner may permit counties
to use set-aside money for other eligible applicants, as long as
priority for use of the money will continue to be given to the
AFDC priority groups.
(e) A county may claim federal reimbursement under the AFDC
special needs program for money spent for persons listed in
subdivision 3a, clause (1). The commissioner shall allocate any
federal earnings to the county. The county shall use the money
to expand services to AFDC recipients under the child care
sliding fee program.
Sec. 64. Minnesota Statutes 1986, section 268.91, is
amended by adding a subdivision to read:
Subd. 3c. [SET-ASIDE MONEY FOR AFDC POST-SECONDARY
STUDENTS.] (a) For the fiscal year ending June 30, 1988,
set-aside money for persons listed in subdivision 3a, clause
(2), shall be allocated to the counties based on caseloads of
aid to families with dependent children for the preceding fiscal
year, as determined by the commissioner. For succeeding fiscal
years, the commissioner shall, in cooperation with the director
of the higher education coordinating board, develop a formula
for allocation of the funds to counties based on the number of
AFDC caretakers in each county who are enrolled at
post-secondary institutions.
(b) Money allocated in paragraph (a) must be used for child
care expenses of AFDC recipients attending post-secondary
educational programs, excluding post-baccalaureate programs, and
making satisfactory progress towards completion of the program.
(c) Once each quarter the commissioner shall review the use
of child care fund allocations under this subdivision by
county. The commissioner may reallocate unexpended or
unencumbered money among those counties that have expended their
full portion for the purposes of this subdivision.
(d) A county may claim federal reimbursement under the AFDC
special needs program for money spent for persons listed in
subdivision 3a, clause (2). The commissioner shall allocate any
federal earnings to the county. The county shall use the money
to expand services to AFDC recipients under the child care
sliding fee program.
(e) Recipients of AFDC who have completed their
post-secondary education and had received child care funds
during that education shall be assured, to the extent of
available resources, of sliding fee money for employment
programs after graduation if they meet sliding fee program
eligibility standards.
Sec. 65. Minnesota Statutes 1986, section 268.91, is
amended by adding a subdivision to read:
Subd. 3d. [SET-ASIDE MONEY FOR POST-SECONDARY
STUDENTS.] (a) Each post-secondary educational system shall be
allocated a portion of the set-aside money for persons listed in
subdivision 3a, clause (3), based on the number of students with
dependent children enrolled in each system in the preceding
fiscal year. The post-secondary educational systems shall
allocate their money among institutions under their authority
based on the number of students with dependent children enrolled
in each institution in the last fiscal year. For the purposes
of this subdivision, "students with dependent children" means
the sum of all Minnesota residents enrolled in public
post-secondary institutions who report dependents on their
applications to the state scholarship and grant program. The
commissioner shall transfer the allocation for each
post-secondary institution to the county board of the county in
which the institution is located, to be held in an account for
students found eligible for child care sliding fee assistance
and attending the institution.
(b) Post-secondary educational institutions shall take
applications for the child care sliding fee program from
students and determine eligibility based on this section and
rules promulgated by the commissioner. If a person is eligible
for the child care sliding fee program, the post-secondary
institution shall notify the county. The county shall process
the person's application and make vendor payments to the
person's child care provider from the institution's account.
Set-aside money must be used to subsidize child care expenses
for eligible students making satisfactory progress toward
completion of a program. The post-secondary institution must
provide the county with quarterly reports on students'
progress. The post-secondary educational institution shall not
approve applications for sliding fee assistance in excess of the
set-aside money allocated to it under paragraph (a).
(c) The post-secondary educational systems may reallocate
unexpended or unencumbered money among institutions under their
authority. If by May 15 of any year set-aside money is
unexpended or unencumbered, the commissioner may reallocate the
money among post-secondary educational systems, or reallocate it
to the counties. Any unexpended money from the first year of
the biennium may be carried forward to the second year of the
biennium.
(d) Ten percent of the amount allocated for persons
described in subdivision 3a, paragraph (a), clause (3), shall be
held by the commissioner for students attending a Minnesota
nonprofit post-secondary education program. A nonprofit
education program may take applications for the child care
sliding fee program and determine eligibility based on this
section and rules promulgated by the commissioner. If a person
is eligible for the child care sliding fee program, the
post-secondary institution shall notify the county in which the
institution is located. The county shall process the person's
application and, upon approval of the commissioner, make vendor
payments to the person's child care provider. The commissioner
shall reimburse counties out of the money held by the
commissioner under this paragraph.
Sec. 66. Minnesota Statutes 1986, section 268.91, is
amended by adding a subdivision to read:
Subd. 3e. [USE OF MONEY.] Money for persons listed in
subdivision 3a, clauses (2) and (3), shall be used to reduce the
costs of child care for students, including the costs of child
care for students while employed if enrolled in an eligible
education program at the same time and making satisfactory
progress towards completion of the program. The county may plan
for and provided child care assistance to persons listed in
subdivision 3a, clauses (2) and (3), from the regular sliding
fee fund to supplement the set-aside funds. Students provided
child care assistance for one academic year shall be provided
child care assistance in the following academic year, providing
they remain financially eligible.
Sec. 67. Minnesota Statutes 1986, section 268.91, is
amended by adding a subdivision to read:
Subd. 3f. [REPORTING AND PAYMENTS.] (a) Counties and
post-secondary educational systems shall submit on forms
prescribed by the commissioner a quarterly financial and program
activity report which is due 20 calendar days after the end of
each quarter. The financial and program activity report must
include:
(1) a detailed accounting of the expenditures and revenues
for the program during the preceding quarter by funding source
and by eligibility group;
(2) a description of activities and concomitant
expenditures that are federally reimbursable under the AFDC
employment special needs program;
(3) a description of activities and concomitant
expenditures of set-aside money;
(4) information on money encumbered at the quarter's end
but not yet reimbursable, for use in adjusting allocations as
provided in subdivision 3b, paragraph (d); subdivision 3c,
paragraph (c); and subdivision 3d, paragraph (c); and
(5) other data the commissioner considers necessary to
account for the program or to evaluate its effectiveness in
preventing and reducing participants' dependence on public
assistance and in providing other benefits, including
improvement in the care provided to children.
(b) The commissioner shall make payments to each county in
quarterly installments. The commissioner may certify an advance
for the first quarter of the fiscal year. Later payments must
be based on actual expenditures as reported in the quarterly
financial and program activity report.
(c) The commissioner may withhold, reduce, or terminate the
allocation of any county or post-secondary educational system
that does not meet the reporting or other requirements of this
program. The commissioner shall reallocate to other counties or
post-secondary educational systems money so reduced or
terminated.
Sec. 68. Minnesota Statutes 1986, section 268.91,
subdivision 4, is amended to read:
Subd. 4. [FINANCIAL ELIGIBILITY.] (a) Child care services
must be available to families who need child care to find or
keep employment or to obtain the training or education necessary
to find employment and who:
(1) receive aid to families with dependent children;
(2) have household income below the eligibility levels for
aid to families with dependent children; or
(3) have household income within a range established by the
commissioner.
(b) Child care services for the families receiving aid to
families with dependent children must be made available as
in-kind services, to cover any difference between the actual
cost and the amount disregarded under the aid to families with
dependent children program. Child care services to families
whose incomes are below the threshold of eligibility for aid to
families with dependent children, but that are not receiving aid
to families with dependent children, must be made available
without cost to the families.
(c) Child care services to families with incomes in the
commissioner's established range must be made available on a
sliding fee basis. The lower limit of the sliding fee range
must be the eligibility limit for aid to families with dependent
children. The upper limit of the range must be neither less
than 70 percent nor more than 90 percent of the state median
income for a family of four, adjusted for family size.
(d) If a disproportionate amount of the available money is
provided to any one of the groups described in subdivision 4,
paragraph (a), the county board shall document to the
commissioner the reason the group received a disproportionate
share. If a county projects that its child care allocation is
insufficient to meet the needs of all eligible groups, it may
prioritize among the groups to be served. Counties shall assure
that a person receiving child care assistance from the sliding
fee program prior to July 1, 1987, continues to receive
assistance, providing the person meets all other eligibility
criteria. Set-aside money must be prioritized by the state, and
counties do not have discretion over the use of this money.
Sec. 69. Minnesota Statutes 1986, section 268.91,
subdivision 5, is amended to read:
Subd. 5. [EMPLOYMENT OR TRAINING ELIGIBILITY.] (a) Persons
who are seeking employment and who are eligible for assistance
under this section are eligible to receive the equivalent of one
month of child care. Employed persons who work at least ten
hours a week and receive at least a minimum wage for all hours
worked are eligible for child care assistance.
(b) Persons eligible under this section for child care
assistance for education or training must receive assistance for
the length of the program or 24 months, whichever is shorter.
An education or training program with demonstrated effectiveness
may be approved by the commissioner of education and accredited
by the appropriate agency as an eligible program including high
school or an equivalent program, an English competency program,
technical or vocational training, or a four-year or associate
degree program participating in employment programs, training
programs, or education programs are eligible for assistance from
the child care sliding fee program, if they are financially
eligible under the sliding fee scale set by the commissioner in
subdivision 7. Counties shall assure that a person receiving
child care assistance from the sliding fee program while
attending a post-secondary institution prior to July 1, 1987,
continues to receive assistance from the regular sliding fee
program, or the set-asides in subdivisions 3c or 3d, providing
the person meets all other eligibility criteria.
Sec. 70. Minnesota Statutes 1986, section 268.91,
subdivision 6, is amended to read:
Subd. 6. [COUNTY CONTRIBUTION.] (a) In addition to
payments from parents, the program must be funded by county
contributions. Except for set-aside money, counties shall
contribute five from county tax sources a minimum of 15 percent
of the cost of the program in the program's first year and 15
percent in the second and subsequent years. The commissioner
may require by rule that a county pay the commissioner the
portion of sliding fee allocations paid by the state for which
the county is responsible. The county shall advance its portion
of sliding fee costs, based upon allocations made by the
commissioner for that county for expenditures in the succeeding
month. A The commissioner shall recover from the county as
necessary to bring county expenditures into compliance with this
subdivision.
(b) The commissioner shall recover from counties any state
or federal money found to be ineligible. If a federal audit
exception is taken based on a percentage of federal earnings,
all counties shall pay a share proportional to their respective
federal earnings during the period in question.
(c) To receive money through this program, each county
shall certify to the commissioner that the county has not
reduced allocations from other federal, state, and county
sources, which, in the absence of child care sliding fee or wage
subsidy money, would have been available for child care services.
Sec. 71. Minnesota Statutes 1986, section 268.91, is
amended by adding a subdivision to read:
Subd. 6a. [POST-SECONDARY RESPONSIBILITY.] To receive
money through this program, each post-secondary educational
system shall certify to the commissioner that the system has not
reduced allocations from other federal and state sources, which,
in the absence of child care sliding fee money, would have been
available for child care services.
Sec. 72. Minnesota Statutes 1986, section 268.91,
subdivision 11, is amended to read:
Subd. 11. [ADMINISTRATIVE EXPENSES.] A county must not use
more than seven percent of its allocation for its administrative
expenses under this section, except a county may not use any of
its allocation of the set-aside funds under subdivisions 3b and
3c for administrative expenses. A county may use up to four
percent of the funds transferred to it under subdivision 3d for
administrative expenses.
Sec. 73. Minnesota Statutes 1986, section 268.91, is
amended by adding a subdivision to read:
Subd. 12. [FAIR HEARING PROCESS.] (a) Applicants and
recipients have the option to request the county to conduct a
conciliation conference to attempt to resolve complaints arising
from any of the following actions:
(1) a determination of ineligibility for child care
assistance;
(2) unauthorized termination of child care assistance;
(3) determination of the factors considered in setting the
family fee; and
(4) income redetermination resulting in change of a family
fee.
(b) The county shall notify the applicant or the recipient,
in writing, of any adverse action. The determination described
in paragraph (a), clauses (1) and (3), must include written
notice of the applicant's or recipient's right to the election
described in paragraph (c), where and how to request the
election, the time limit within which to make the request, and
the reasons for the determination. Notice of the proposed
actions described in paragraph (a), clauses (2) and (4), must be
mailed to the applicant or recipient at least 15 calendar days
before the effective date of the action. The notice must
clearly state what action the county proposes to take, the
effective date of the proposed action, the reasons for the
proposed action, the necessary corrective measures, the option
to request either a conciliation conference or an administrative
hearing, where and how to make the request, the time limits
within which a request must be made, and the consequence of the
action.
(c) An applicant or recipient who receives a determination
or notice of proposed action under paragraph (b) must mail or
deliver either a written notice of request for a conciliation
conference to the administering agency or a written notice of
request for the hearing specified under paragraph (e) to the
administering agency on or before the effective date of the
proposed action or the date specified in the notice, or the
action will be final.
(d) The county shall provide a conciliation conference
within 30 days of receipt of a written request.
The county shall give the applicant or recipient ten
calendar days' notice of the conference date. The applicant or
recipient and the county's representative have the right to
appear, to bring witnesses, and to submit documentation. The
written request and the resolution, if any, of the conference
shall be maintained as part of the official record. The
county's representative shall issue a written resolution only if
mutual agreement is reached between the county's representative
and the applicant or recipient. The resolution must be signed
by both parties and issued the same day as the conciliation
conference is held. Participating in a conciliation conference
or signing a resolution does not constitute a waiver of the
right to an administrative hearing.
An applicant or recipient may, within 15 calendar days of
the conference, mail or deliver a written request to the
administering agency for an administrative hearing. Unless an
appeal is requested, a determination, proposed action, or
resolution of a conciliation conference will be final after the
15-day period has passed.
(e) A fair hearing shall be conducted in the manner
prescribed by section 268.10, subdivision 3. A right to review
will be provided in accordance with section 268.10, subdivision
5. The proposed action will not take effect until the appeal is
decided by the administrative hearing process.
Sec. 74. Minnesota Statutes 1986, section 268.911,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY.] The commissioner of human
services may make grants to public or private nonprofit agencies
for the planning, establishment, expansion, improvement, or
operation of child care resource and referral programs and child
care services according to the provisions of this section and
may make grants to county boards to carry out the purposes of
section 245.84.
Sec. 75. Minnesota Statutes 1986, section 510.07, is
amended to read:
510.07 [SALE OR REMOVAL PERMITTED; NOTICE.]
The owner may sell and convey the homestead without
subjecting it, or the proceeds of such sale for the period of
one year after sale, to any judgment or debt from which it was
exempt in the owner's hands, except that the proceeds of the
sale are not exempt from a judgment or debt for a court ordered
child support or maintenance obligation in arrears. The owner
may remove therefrom without affecting such exemption, if the
owner does not thereby abandon the same as the place of abode.
If the owner shall cease to occupy such homestead for more than
six consecutive months the owner shall be deemed to have
abandoned the same unless, within such period, the owner shall
file with the county recorder of the county in which it is
situated a notice, executed, witnessed, and acknowledged as in
the case of a deed, describing the premises and claiming the
same as the owner's homestead. In no case shall the exemption
continue more than five years after such filing, unless during
some part of the term the premises shall have been occupied as
the actual dwelling place of the debtor or the debtor's family.
Sec. 76. Minnesota Statutes 1986, section 518.131,
subdivision 7, is amended to read:
Subd. 7. The court shall be guided by the factors set
forth in sections 518.17 518.551 (concerning child support),
518.552 (concerning maintenance) and 518.17 to 518.175
(concerning custody and visitation) in making temporary orders
and restraining orders.
Sec. 77. Minnesota Statutes 1986, section 518.171,
subdivision 1, is amended to read:
Subdivision 1. [ORDER.] Unless the obligee has comparable
or better group dependent health insurance coverage available at
a more reasonable cost, the court shall order the obligor to
name the minor child as beneficiary on any health and dental
insurance plan that is available to the obligor on a group basis
or through an employer or union.
If the court finds that dependent health or dental
insurance is not available to the obligor on a group basis or
through an employer or union, or that the group insurer is not
accessible to the obligee, the court may require the obligor to
obtain dependent health or dental insurance, or to be liable for
reasonable and necessary medical or dental expenses of the child.
If the court finds that the dependent health or dental
insurance required to be obtained by the obligor does not pay
all the reasonable and necessary medical or dental expenses of
the child, or that the dependent health or dental insurance
available to the obligee does not pay all the reasonable and
necessary medical or dental expenses of the child, and the court
finds that the obligor has the financial ability to contribute
to the payment of these medical or dental expenses, the court
shall require the obligor to be liable for all or a portion of
the medical or dental expenses of the child not covered by the
required health or dental plan.
Sec. 78. Minnesota Statutes 1986, section 518.24, is
amended to read:
518.24 [SECURITY; SEQUESTRATION; CONTEMPT.]
In all cases when maintenance or support payments are
ordered, the court may require sufficient security to be given
for the payment of them according to the terms of the order.
Upon neglect or refusal to give security, or upon failure to pay
the maintenance or support, the court may sequester the
obligor's personal estate and the rents and profits of real
estate of the obligor, and appoint a receiver of them. The
court may cause the personal estate and the rents and profits of
the real estate to be applied according to the terms of the
order. If The obligor has is presumed to have an income from a
source sufficient to pay the maintenance or support and the
obligor fails to pay the same, the court shall order the obligor
to pay it. A person or party who If the obligor disobeys the
order may be punished by the court as for, it is prima facie
evidence of contempt.
Sec. 79. Minnesota Statutes 1986, section 518.551,
subdivision 1, is amended to read:
Subdivision 1. [PAYMENT TO PUBLIC AGENCY.]
The court shall direct that all payments ordered for
maintenance and support be made to the public agency responsible
for child support enforcement so long as the obligee is
receiving or has applied for public assistance, or has applied
for child support and maintenance collection services. Amounts
received by the public agency responsible for child support
enforcement greater than the amount granted to the obligee shall
be remitted to the obligee.
Sec. 80. Minnesota Statutes 1986, section 518.551, is
amended by adding a subdivision to read:
Subd. 10. [ADMINISTRATIVE PROCESS CHILD SUPPORT PILOT
PROJECT.] A pilot project is established to obtain, modify, and
enforce child and medical support orders and maintenance through
administrative process, to evaluate the efficiency of the
administrative process. The pilot project shall begin when the
procedures have been established and end on June 30, 1989.
During the pilot project, all proceedings for obtaining,
modifying, or enforcing child and medical support orders and
maintenance required to be conducted in Dakota county in which
Dakota county human services is a party or represents a party to
the action must be conducted by an administrative law judge from
the office of administrative hearings, except for the following
proceedings:
(1) adjudication of paternity;
(2) motions to set aside a paternity adjudication or
declaration of parentage;
(3) evidentiary hearing on contempt motions; and
(4) motions to sentence or to revoke the stay of a jail
sentence in contempt proceedings.
An administrative law judge may hear a stipulation reached
on a contempt motion, but any stipulation that involves a
finding of contempt and a jail sentence, whether stayed or
imposed, shall require the review and signature of a county or
district judge.
For the purpose of this pilot project, all powers, duties,
and responsibilities conferred on judges of the county or
district court to obtain and enforce child and medical support
obligations, subject to the limitation set forth herein, are
conferred on the administrative law judge conducting the
proceedings, including the power to issue orders to show cause
and to issue bench warrants for failure to appear.
During fiscal year 1988, the chief administrative law
judge, the commissioner of human services, the director of
Dakota county human services, the Dakota county attorney, and
the clerk of the Dakota county court shall jointly establish
procedures for the implementation of this pilot project.
Nonattorney employees of Dakota county human services,
acting at the direction of the county attorney, may prepare,
sign, serve, and file motions for obtaining, modifying, or
enforcing child and medical support orders and maintenance and
related documents, appear at prehearing conferences, and
participate in proceedings before an administrative law judge.
This activity shall not be considered to be the unauthorized
practice of law.
For the purpose of this pilot project, the hearings shall
be conducted under the conference contested case rules adopted
by the chief administrative law judge. Any discovery required
in a proceeding shall be conducted under the rules of family
court and the rules of civil procedure. Orders issued by an
administrative law judge shall be enforceable by the contempt
powers of the county or district courts.
The administrative law judge shall make a report to the
chief administrative law judge or the chief administrative law
judge's designee, stating findings of fact and conclusions and
recommendations concerning the proposed action, in accordance
with sections 14.48 to 14.56. The chief administrative law
judge or a designee shall render the final decision and order in
accordance with sections 14.61 and 14.62. The decision and
order of the chief administrative law judge or a designee shall
be a final agency decision for purposes of sections 14.63 to
14.69.
Sec. 81. Minnesota Statutes 1986, section 518.57,
subdivision 1, is amended to read:
Subdivision 1. [ORDER.] Upon a decree of dissolution,
legal separation or annulment, the court may make a further
order which is just and proper concerning the maintenance of the
minor children as provided by section 518.17 518.551, and for
the maintenance of any child of the parties as defined in
section 518.54, as support money, and may make the same a lien
or charge upon the property of the parties to the proceeding, or
either of them, either at the time of the entry of the judgment
or by subsequent order upon proper application.
Sec. 82. Minnesota Statutes 1986, section 518.611,
subdivision 1, is amended to read:
Subdivision 1. [ORDER.] Whenever an obligation for support
of a dependent child or maintenance of a spouse, or both, is
determined and ordered by a court of this state, that court
shall order the withholding of the amount of child support or
maintenance as determined by court order, must be withheld from
the income, regardless of source, of the person obligated to pay
the support or maintenance. When an order for withholding has
not previously been secured, the obligee may or the public
agency responsible for child support enforcement shall move the
court, and the court shall grant the order Every order for
maintenance or support must include the obligor's social
security number and the name and address of the obligor's
employer or other payor of funds.
Sec. 83. Minnesota Statutes 1986, section 518.611,
subdivision 2, is amended to read:
Subd. 2. [NOTICE CONDITIONS OF INCOME WITHHOLDING.] Each
order for withholding shall provide for a conspicuous notice to
the obligor that:
(a) Withholding shall result if whenever the obligor fails
to make the maintenance or support payments, and that no
withholding shall be made until the following conditions are met:
(1) The obligee or the public authority determines that the
obligor is at least 30 days in arrears;
(2) The obligee or the public authority serves written
notice of its determination of income withholding, showing
arrearage, on the obligor at least 15 days before service of the
notice of income withholding and a copy of the court's order for
withholding on the payor of funds;
(3) Within the 15-day period, the obligor fails to move the
court to deny withholding on the grounds that an arrearage of at
least 30 days does not exist as of the date of the notice of
income withholding, or on other grounds limited to mistakes of
fact, and, ex parte, to stay service on the payor of funds until
the motion to deny withholding is heard. Within 45 days from
the date of the notice of income withholding, the court shall
hold the hearing on the motion to deny withholding and notify
the parties of its decision; and
(4) The obligee or the public authority serves a copy of
the notice of income withholding and, a copy of the court's
withholding order, and the provisions of this section on the
payor of funds; and
(5) The obligee serves on the public authority a copy of
the notice of income withholding, a copy of the court's
withholding order, an application and the fee to use the public
authority's collection services.
(b) To pay the arrearage specified in the notice of income
withholding, the employer or payor of funds shall withhold from
the obligor's income an additional amount equal to 20 percent of
the monthly child support or maintenance obligation until the
arrearage is paid.
(c) The obligor may, at any time, waive the written notice
required by this subdivision.
(d) The obligor may move the court, under section 518.64,
to modify the order respecting the amount of maintenance or
support.
(e) Every order for support or maintenance shall provide
for a conspicuous notice of the provisions of this subdivision.
Sec. 84. Minnesota Statutes 1986, section 518.611,
subdivision 3, is amended to read:
Subd. 3. [WITHHOLDING HEARING.] Within 45 days from the
date of the notice given under subdivision 2, the court shall
hold the hearing on the motion under subdivision 2 and notify
the parties of its decision. At the hearing to deny
withholding, if the court finds that there was no mistake of
fact, the court shall order income withholding to begin no later
than the first pay period that occurs after 14 days following
the date of the hearing. If the court finds that an arrearage
of at least 30 days existed as of the date of the notice of
income withholding, but finds a mistake in the amount of
arrearage, the court shall order income withholding, but it
shall correct the amount of arrearage to be withheld under
subdivision 2, paragraph (b).
Sec. 85. Minnesota Statutes 1986, section 518.611,
subdivision 4, is amended to read:
Subd. 4. [EFFECT OF ORDER.] Notwithstanding any law to the
contrary, the order is binding on the employer, trustee, or
other payor of the funds when service under subdivision 2 has
been made. Withholding must begin no later than the first pay
period that occurs after 14 days following the date of the
notice. An employer or other payor of funds in this state is
required to withhold income according to court orders for
withholding issued by other states or territories. The payor
shall withhold from the income payable to the obligor the amount
specified in the order and amounts required under subdivision 2,
paragraph (b) and section 518.613 and shall remit, within ten
days of the date the obligor is paid the remainder of the
income, the amounts withheld to the public authority. Employers
may combine all amounts withheld from one pay period into one
payment to each public authority, but shall separately identify
each obligor making payment. Amounts received by the public
authority which are in excess of public assistance expended for
the party or for a child shall be remitted to the party. An
employer shall not discharge, or refuse to hire, or otherwise
discipline an employee as a result of a wage or salary
withholding authorized by this section. The employer or other
payor of funds shall be liable to the obligee for any amounts
required to be withheld.
Sec. 86. Minnesota Statutes 1986, section 518.611,
subdivision 6, is amended to read:
Subd. 6. [PRIORITY.] An order for withholding under this
section or execution or garnishment upon a judgment for child
support arrearages or preadjudicated expenses shall have
priority over an attachment, execution, garnishment, or wage
assignment and shall not be subject to the statutory limitations
on amounts levied against the income of the obligor. Amounts
withheld from an employee's income must not exceed the maximum
permitted under the Consumer Credit Protection Act, United
States Code, title 15, section 1673(b)(2). If there is more
than one withholding order on a single employee, the employer
shall put them into effect, giving priority first to amounts
currently due and not in arrears and then to other amounts, in
the sequence in which the withholding orders were received up to
the maximum allowed in the Consumer Credit Protection
Act. Notwithstanding any law to the contrary, funds from income
sources included in section 518.54, subdivision 6, whether
periodic or lump sum, are not exempt from attachment or
execution upon a judgment for child support arrearages.
Sec. 87. Minnesota Statutes 1986, section 518.611,
subdivision 8, is amended to read:
Subd. 8. [EMPLOYER OR PAYOR AND OBLIGOR NOTICE.] When an
individual is hired for employment, the employer shall request
that the individual disclose whether or not the individual has
court-ordered child support obligations that are required by law
to be withheld from income and the terms of the court order, if
any. The individual shall disclose this information at the time
of hiring. When an individual discloses that the individual
owes child support that is required to be withheld, the employer
shall begin withholding according to the terms of the order and
under this section. When a withholding order is in effect and
the obligor's employment is terminated or the periodic payment
terminates, the obligor and the obligor's employer or the payor
of funds shall notify the public agency responsible for child
support enforcement of the termination within 30 ten days of the
termination date. The notice shall include the obligor's home
address and the name and address of the obligor's new employer
or payor of funds, if known. Information disclosed under this
section shall not be divulged except to the extent necessary for
the administration of the child support enforcement program or
when otherwise authorized by law.
Sec. 88. Minnesota Statutes 1986, section 518.611, is
amended by adding a subdivision to read:
Subd. 11. [CONTRACT FOR SERVICE.] To carry out the
provisions of this section, the public authority responsible for
child support enforcement may contract for services, including
the use of electronic funds transfer.
Sec. 89. [518.613] [AUTOMATIC WITHHOLDING.]
Subdivision 1. [GENERAL.] Notwithstanding any provision of
section 518.611, subdivision 2 or 3, to the contrary, whenever
an obligation for child support or maintenance is initially
determined and ordered or modified by the court in a county in
which this section applies, the amount of child support or
maintenance ordered by the court must be withheld from the
income, regardless of source, of the person obligated to pay the
support. For purposes of this section, "modified" does not mean
a cost-of-living adjustment without any other modification of
the support order.
Subd. 2. [ORDER; COLLECTION SERVICES.] Every order for
child support must include the obligor's social security number
and the name and address of the obligor's employer or other
payor of funds. Upon entry of the order for support or
maintenance, the court shall mail a copy of the court's order
and the provisions of section 518.611 and this section to the
obligor's employer or other payor of funds and to the public
agency responsible for child support enforcement. An obligee
who is not a recipient of public assistance shall apply for the
collection services of the public authority when an order for
support is entered.
Subd. 3. [WITHHOLDING.] The employer or other payor shall
withhold and forward the child support or maintenance ordered in
the manner and within the time limits provided in section
518.611. Amounts received from employers or other payors under
this section by the public agency responsible for child support
enforcement that are in excess of public assistance received by
the obligee must be remitted to the obligee. The public agency
must remit payments to the obligee at least once monthly on a
standard payment date set by the agency. A county in which this
section applies may contract for services to carry out the
provisions of this section.
Subd. 4. [APPLICATION.] On and after August 1, 1987, and
prior to August 1, 1989, this section applies in a county
selected under section 93 and in a county that chooses to have
this section apply by resolution of a majority vote of its
county board.
Sec. 90. Minnesota Statutes 1986, section 518.64,
subdivision 2, is amended to read:
Subd. 2. [MODIFICATION.] The terms of a decree respecting
maintenance or support may be modified upon a showing of one or
more of the following: (1) substantially increased or decreased
earnings of a party; (2) substantially increased or decreased
need of a party; (3) receipt of assistance under sections 256.72
to 256.87; or (4) a change in the cost-of-living for either
party as measured by the federal bureau of statistics, any of
which makes the terms unreasonable and unfair. On a motion for
modification of maintenance, the court shall apply, in addition
to all other relevant factors, the factors for an award of
maintenance under section 518.552 that exist at the time of the
motion. On a motion for modification of support, the court
shall take into consideration the needs of the children and
shall not consider the financial circumstances of each party's
spouse, if any. A modification which decreases support or
maintenance may be made retroactive only upon a showing that any
failure to pay in accord with the terms of the original order
was not willful with respect to any period during which the
support obligor has pending a motion for modification but only
from the date that notice of the motion has been given to the
obligee and to the court or other entity which issued each
support order. A modification which increases support or
maintenance shall not be made retroactive if the obligor has
substantially complied with the previous order. Except for an
award of the right of occupancy of the homestead, provided in
section 518.63, all divisions of real and personal property
provided by section 518.58 shall be final, and may be revoked or
modified only where the court finds the existence of conditions
that justify reopening a judgment under the laws of this state.
The court may impose a lien or charge on the divided property at
any time while the property, or subsequently acquired property,
is owned by the parties or either of them, for the payment of
maintenance or support money, or may sequester the property as
is provided by section 518.24.
Sec. 91. [1987 COUNTY IMPLEMENTATION PLANS.]
By October 1, 1987, each county shall prepare an
implementation plan for AFDC employment and training services
and submit it to the commissioner of jobs and training as part
of its local service unit plan under section 268.88. The
implementation plan must include a timetable for phasing in AFDC
employment and training services, any barriers to implementing
AFDC employment and training services, and a proposed design for
the AFDC employment and training delivery system.
Sec. 92. [FEDERAL AUTHORITY.]
Subdivision 1. [LEGISLATIVE WAIVERS.] The commissioner of
human services shall seek from the Congress of the United States
or the United States Department of Health and Human Services a
change in or waiver of existing requirements of the aid to
families with dependent children (AFDC) program to the extent
necessary to allow the commissioner to:
(1) require that minor parents of children six weeks of age
and older who have not completed a high school education either
attend high school or work toward a general education diploma as
long as necessary child care and transportation services are
available to them;
(2) require that minor parents not living with relatives
live in a group or foster home or, when the case manager
determines the need for such services, participate in a program
that teaches skills in parenting and independent living,
provided that the described living or counseling opportunities
are available to the minor parent;
(3) require that all caretakers coming onto the program
attend orientation and develop a plan to obtain
self-sufficiency, to the extent that programs and services are
available.
(4) require that, as a condition of receiving AFDC,
priority caretakers of children younger than six months
participate for not more than four hours a week in activities
related to personal and family development, including parenting
education, personal and vocational counseling, chemical
dependency treatment, domestic abuse counseling, or remedial
education, and then only if child care assistance is provided or
if the activity includes the child as a participant, and if
transportation needs are met;
(5) require that, as a condition of receiving AFDC,
caretakers of children aged three and over register for and
participate in employment and training services and seek
employment as long as necessary child care and transportation
are available to them;
(6) replace the sanctions under section 256.736,
subdivision 4, clause (4), paragraphs (a) and (d), with the
following graduated sanctions:
(a) upon first caretaker refusal, 50 percent of the grant
provided to the family shall be made in the form of protective
or vendor payments;
(b) upon second caretaker refusal, the entire grant
provided to the family shall be made in the form of protective
or vendor payments; and
(c) upon third caretaker refusal, the caretaker's needs
shall not be taken into account in making the grant
determination, and aid for any dependent child in the family
will be made in the form of protective or vendor payments;
(7) exclude all expenses related to education when
determining income for food stamp purposes;
(8) disregard more earned income of a recipient than
allowed under United States Code, title 42, section
602(a)(8)(B)(ii), to provide an incentive to work and prevent
recipients from experiencing a sudden loss of income after four
months of employment;
(9) exclude from consideration in computing the income of
an AFDC caretaker parent under the age of 18 any income of the
parents of the caretaker parent, without regard to the residence
of the caretaker parent, to make it possible for a minor parent
to receive financial assistance while remaining in a supportive
home environment;
(10) determine the maximum value of an automobile which can
be excluded as an asset under United States Code, title 42,
section 602(a)(7)(B)(i), because of the need of AFDC recipients
for reliable transportation in order to participate in work and
training and become self-sufficient;
(11) disregard in computing income the cost of child care
beyond that currently allowed under United States Code, title
42, section 602(a)(8)(A)(iii), because of the need of AFDC
recipients for quality reliable child care in order to
participate in work and training and become self-sufficient;
(12) permit a principal earner in a family receiving
AFDC-UP to work more than 100 hours per month without being
disqualified from the program, in order to recognize the
financial reality of AFDC-UP families and to help the families
achieve financial security before leaving the program;
(13) simplify eligibility determination processes,
budgeting procedures, and excessive paperwork requirements
without becoming subject to federal sanctions, in order to
enhance self-esteem among clients and free workers to help
families achieve self-sufficiency; and
(14) disregard quality control review requirements that are
not directly related to actual grant miscalculation or client
right violations, in order to move the AFDC program away from a
system driven by audits, error rates, and sanctions.
In constructing and negotiating modifications under this
section, the commissioner shall not agree to terms or conditions
that infringe on recipients' entitlement to benefits or impede
federal financial participation under United States Code, title
42, subchapter IV, part A. The commissioner shall not accept a
block grant or lump sum amount of federal money for AFDC in
Minnesota unless the sum is adjusted to protect the state
against an increase in the number of recipients during a period
of recession.
Subd. 2. [IMPLEMENTATION.] The commissioner shall not
implement any program changes authorized by this section unless
sufficient appropriations are available to cover any increased
costs to the state. The commissioner shall promulgate emergency
rules as necessary to implement any waiver. Rules promulgated
under authority of this section supersede any conflicting laws
or rules until July 1, 1988.
Sec. 93. [DEMONSTRATION.]
On or before July 1, 1987, the commissioner of human
services shall designate five counties in which child support or
maintenance shall be withheld from the obligor's income pursuant
to section 518.613. The total population of the counties
designated must equal at least 25 percent of the population of
the state. The designated counties must include at least one
county in which is located a city of the first class, and at
least two counties that are not metropolitan counties, as
defined in section 473.121, subdivision 4. The group of
counties designated must be representative of urban, suburban,
and rural demographic areas.
Sec. 94. [REPORT TO THE LEGISLATURE.]
The commissioner of human services shall collect data on
costs and collections and report to the chairs of the health and
human services committees in the house of representatives and
the senate on or before January 2, 1989, on the progress and
experience of the county agencies in implementing the automatic
income withholding provisions of this act, including a
recommendation on whether the program should be discontinued or
implemented statewide.
Sec. 95. [DEMONSTRATION PROJECT; PERSONS WITHOUT A
VERIFIED RESIDENCE ADDRESS.]
(a) The commissioner shall establish a one-county
demonstration project to determine the effectiveness of
establishing special procedures for providing assistance to
applicants or recipients of general assistance, work readiness,
or emergency general assistance, who do not have a verified
residence address. For purposes of the demonstration project,
the requirements in this section supersede section 256D.09,
subdivision 4, and other conflicting laws and rules.
(b) For applicants or recipients of general assistance,
emergency general assistance, and work readiness assistance who
do not have a verified residence address, the local agency may
provide assistance using one or more of the following methods:
(1) The local agency may provide assistance in the form of
vouchers or vendor payments and provide separate vouchers or
vendor payments for food, shelter, and other needs.
(2) The local agency may divide the monthly assistance
standard into weekly payments, whether in cash or by voucher or
vendor payment; or, if actual need is greater than the standards
of assistance established pursuant to section 256D.01,
subdivision 1a, issue assistance based on actual need. Nothing
in this clause prevents the local agency from issuing voucher or
vendor payments for emergency general assistance in an amount
less than the standards of assistance.
(3) The local agency may determine eligibility and provide
assistance on a weekly basis. Weekly assistance can be issued
in cash or by voucher or vendor payment and can be determined
either on the basis of actual need or by prorating the monthly
assistance standard.
(c) An individual may verify a residence address by
providing a driver's license; a state identification card;
postmarked mail addressed to and received by the individual at
the address; a statement by the landlord, apartment manager, or
homeowner verifying that the individual is residing at the
address; or other written documentation approved by the
commissioner.
(d) If the local agency elects to provide assistance on a
weekly basis, the agency shall not provide assistance for a
period during which no need is claimed by the individual. The
individual must be notified, each time weekly assistance is
provided, that subsequent weekly assistance will not be issued
unless the individual claims need. The ten-day advance notice
required under sections 256D.051, subdivision 13, and 256D.10
does not apply to weekly assistance issued under this paragraph.
Sec. 96. [INSTRUCTION TO REVISOR.]
In the next edition of Minnesota Statutes, the revisor of
statutes shall substitute in chapter 257 the term "biological"
when referring to a parent, mother, or father for the term
"natural."
Sec. 97. [APPLICATION.]
Section 83 is effective August 1, 1987, and applies to
child support orders entered before, on, or after that date.
Sec. 98. [REPEALER.]
Minnesota Statutes 1986, sections 257.34, subdivision 2;
and section 268.86, subdivisions 1, 3, 4, and 5, are repealed.
Section 95 is repealed effective June 30, 1989.
Sec. 99. [EFFECTIVE DATE; APPLICATION.]
Sections 13 and 90 are effective the day following final
enactment.
ARTICLE 4
Section 1. Minnesota Statutes 1986, section 144.55,
subdivision 6, is amended to read:
Subd. 6. [SUSPENSION, REVOCATION, AND REFUSAL TO RENEW.]
(a) The commissioner may refuse to grant or renew, or may
suspend or revoke, a license on any of the following grounds:
(1) Violation of any of the provisions of sections 144.50
to 144.56 or the rules or standards issued pursuant thereto;
(2) Permitting, aiding, or abetting the commission of any
illegal act in the institution;
(3) Conduct or practices detrimental to the welfare of the
patient; or
(4) Obtaining or attempting to obtain a license by fraud or
misrepresentation.
(b) The commissioner shall not renew a license for a
boarding care bed in a resident room with more than four beds.
Sec. 2. Minnesota Statutes 1986, section 144A.05, is
amended to read:
144A.05 [LICENSE RENEWAL.]
Unless the license expires in accordance with section
144A.06 or is suspended or revoked in accordance with section
144A.11, a nursing home license shall remain effective for a
period of one year from the date of its issuance. The
commissioner of health by rule shall establish forms and
procedures for the processing of license renewals. The
commissioner of health shall approve a license renewal
application if the facility continues to satisfy the
requirements, standards and conditions prescribed by sections
144A.01 to 144A.17 and the rules promulgated thereunder. The
commissioner shall not approve the renewal of a license for a
nursing home bed in a resident room with more than four beds.
Except as provided in section 144A.08, a facility shall not be
required to submit with each application for a license renewal
additional copies of the architectural and engineering plans and
specifications of the facility. Before approving a license
renewal, the commissioner of health shall determine that the
facility's most recent balance sheet and its most recent
statement of revenues and expenses, as audited by the state
auditor, by a certified public accountant licensed by this state
or by a public accountant as defined in section 412.222, have
been received by the department of human services.
Sec. 3. Minnesota Statutes 1986, section 144A.071,
subdivision 3, is amended to read:
Subd. 3. [EXCEPTIONS.] The commissioner of health, in
coordination with the commissioner of human services, may
approve the addition of a new certified bed or the addition of a
new licensed nursing home bed, under the following conditions:
(a) to replace a bed decertified after May 23, 1983 or to
address an extreme hardship situation, in a particular county
that, together with all contiguous Minnesota counties, has fewer
nursing home beds per 1,000 elderly than the number that is ten
percent higher than the national average of nursing home beds
per 1,000 elderly individuals. For the purposes of this
section, the national average of nursing home beds shall be the
most recent figure that can be supplied by the federal health
care financing administration and the number of elderly in the
county or the nation shall be determined by the most recent
federal census or the most recent estimate of the state
demographer as of July 1, of each year of persons age 65 and
older, whichever is the most recent at the time of the request
for replacement. In allowing replacement of a decertified bed,
the commissioners shall ensure that the number of added or
recertified beds does not exceed the total number of decertified
beds in the state in that level of care. An extreme hardship
situation can only be found after the county documents the
existence of unmet medical needs that cannot be addressed by any
other alternatives;
(b) to certify a new bed in a facility that commenced
construction before May 23, 1983. For the purposes of this
section, "commenced construction" means that all of the
following conditions were met: the final working drawings and
specifications were approved by the commissioner of health; the
construction contracts were let; a timely construction schedule
was developed, stipulating dates for beginning, achieving
various stages, and completing construction; and all zoning and
building permits were secured;
(c) to certify beds in a new nursing home that is needed in
order to meet the special dietary needs of its residents, if:
the nursing home proves to the commissioner's satisfaction that
the needs of its residents cannot otherwise be met; elements of
the special diet are not available through most food
distributors; and proper preparation of the special diet
requires incurring various operating expenses, including extra
food preparation or serving items, not incurred to a similar
extent by most nursing homes;
(d) to license a new nursing home bed in a facility that
meets one of the exceptions contained in clauses (a) to (c);
(e) to license nursing home beds in a facility that has
submitted either a completed licensure application or a written
request for licensure to the commissioner before March 1, 1985,
and has either commenced any required construction as defined in
clause (b) before May 1, 1985, or has, before May 1, 1985,
received from the commissioner approval of plans for phased-in
construction and written authorization to begin construction on
a phased-in basis. For the purpose of this clause,
"construction" means any erection, building, alteration,
reconstruction, modernization, or improvement necessary to
comply with the nursing home licensure rules; or
(f) to certify or license new beds in a new facility that
is to be operated by the commissioner of veterans' affairs or
when the costs of constructing and operating the new beds are to
be reimbursed by the commissioner of veterans' affairs or the
United States Veterans Administration.;
(g) to license or certify beds in a new facility
constructed to replace a facility that was destroyed after June
30, 1987, by fire, lightning, or other hazard provided:
(1) destruction was not caused by the intentional act of or
at the direction of a controlling person of the facility;
(2) at the time the facility was destroyed the controlling
persons of the facility maintained insurance coverage for the
type of hazard that occurred in an amount that a reasonable
person would conclude was adequate;
(3) the net proceeds from an insurance settlement for the
damages caused by the hazard are applied to the cost of the new
facility;
(4) the new facility is constructed on the same site as the
destroyed facility or on another site subject to the
restrictions in section 4, subdivision 5; and
(5) the number of licensed and certified beds in the new
facility does not exceed the number of licensed and certified
beds in the destroyed facility;
(h) to license or certify beds that are moved from one
location to another within a nursing home facility, provided the
total costs of remodeling performed in conjunction with the
relocation of beds does not exceed ten percent of the appraised
value of the facility or $200,000, whichever is less, or to
license or certify beds in a facility for which the total costs
of remodeling or renovation exceed ten percent of the appraised
value of the facility or $200,000, whichever is less, if the
facility makes a written commitment to the commissioner of human
services that it will not seek to receive an increase in its
property-related payment rate by reason of the remodeling or
renovation;
(i) to license or certify beds in a facility that has been
involuntarily delicensed or decertified for participation in the
medical assistance program, provided that an application for
relicensure or recertification is submitted to the commissioner
within 120 days after delicensure or decertification;
(j) to license or certify beds in a project recommended for
approval by the interagency board for quality assurance under
section 4;
(k) to license nursing home beds in a hospital facility
that are relocated from a different hospital facility under
common ownership or affiliation, provided: (1) the hospital in
which the nursing home beds were originally located ceases to
function as an acute care facility, or necessary support
services for nursing homes as required for licensure under
sections 144A.02 to 144A.10, such as dietary service, physical
plant, housekeeping, physical therapy, occupational therapy, and
administration, are no longer available from the original
hospital site; and (2) the nursing home beds are not certified
for participation in the medical assistance program;
(1) to license or certify beds that are moved from one
location to another within an existing identifiable complex of
hospital buildings, from a hospital-attached nursing home to the
hospital building, or from a separate nursing home under common
ownership with or control of a hospital to the hospital when a
hospital-attached nursing home is moved simultaneously to the
hospital. As a condition of receiving a license or
certification under this clause, the facility must make a
written commitment to the commissioner of human services that it
will not seek to receive an increase in its property-related
payment rate as a result of the relocation. At the time of the
licensure and certification of the nursing home beds, the
commissioner of health shall delicense the same number of acute
care beds within the existing complex of hospital buildings or
building. When a separate nursing home and a hospital-attached
nursing home under common ownership or control are
simultaneously relocated to a hospital building, a combined cost
report must be submitted for the cost reporting year ending
September 30, 1987, and the freestanding nursing home limits
apply. Relocation of nursing home beds under this clause is
subject to the limitations in section 4, subdivision 5;
(m) to license or certify beds that are moved from an
existing state nursing home to a different state facility,
provided there is no net increase in the number of state nursing
home beds; or
(n) to license new nursing home beds in a continuing care
retirement community affiliated with a national referral center
engaged in substantial programs of patient care, medical
research, and medical education meeting state and national needs
that receives more than 40 percent of its residents from outside
the state for the purpose of meeting contractual obligations to
residents of the retirement community, provided the facility
makes a written commitment to the commissioner of human services
that it will not seek medical assistance certification for the
new beds.
Sec. 4. [144A.073] [REVIEW OF PROPOSALS REQUIRING
EXCEPTIONS TO THE MORATORIUM.]
Subdivision 1. [DEFINITIONS.] For purposes of this
section, the following terms have the meanings given them:
(a) "Conversion" means the relocation of a nursing home bed
from a nursing home to an attached hospital.
(b) "Renovation" means extensive remodeling of, or
construction of an addition to, a facility on an existing site
with a total cost exceeding ten percent of the appraised value
of the facility or $200,000, whichever is less.
(c) "Replacement" means the demolition and reconstruction
of all or part of an existing facility.
(d) "Upgrading" means a change in the level of licensure of
a bed from a boarding care bed to a nursing home bed, in a
certified boarding care facility that is attached to a nursing
home or a boarding care bed in a freestanding boarding care
facility that currently meets all health department standards
for a nursing home.
Subd. 2. [REQUEST FOR PROPOSALS.] At the intervals
specified in rules, the interagency board shall publish in the
State Register a request for proposals for nursing home projects
to be licensed or certified under section 3, clause (j). The
notice must describe the information that must accompany a
request and state that proposals must be submitted to the
interagency board within 90 days of the date of publication.
The notice must include the amount of the legislative
appropriation available for the additional costs to the medical
assistance program of projects approved under this section. If
no money is appropriated for a year, the notice for that year
must state that proposals will not be requested because no
appropriations were made. To be considered for approval, a
proposal must include the following information:
(1) whether the request is for renovation, replacement,
upgrading, or conversion;
(2) a description of the problem the project is designed to
address;
(3) a description of the proposed project;
(4) an analysis of projected costs, including initial
construction and remodeling costs, site preparation costs,
financing costs, and estimated operating costs during the first
two years after completion of the project;
(5) for proposals involving replacement of all or part of a
facility, the proposed location of the replacement facility and
an estimate of the cost of addressing the problem through
renovation;
(6) for proposals involving renovation, an estimate of the
cost of addressing the problem through replacement;
(7) the proposed timetable for commencing construction and
completing the project; and
(8) other information required by rule of the commissioner
of health.
Subd. 3. [REVIEW AND APPROVAL OF PROPOSALS.] Within the
limits of money specifically appropriated to the medical
assistance program for this purpose, the interagency board for
quality assurance may recommend that the commissioner of health
grant exceptions to the nursing home licensure or certification
moratorium for proposals that satisfy the requirements of this
section. The interagency board shall appoint an advisory review
panel composed of representatives of consumers and providers to
review proposals and provide comments and recommendations to the
board. The commissioners of human services and health shall
provide staff and technical assistance to the board for the
review and analysis of proposals. The interagency board shall
hold a public hearing before submitting recommendations to the
commissioner of health on project requests. The board shall
submit recommendations within 150 days of the date of the
publication of the notice, based on a comparison and ranking of
proposals using the criteria in subdivision 4. The commissioner
of health shall approve or disapprove a project within 30 days
after receiving the board's recommendations. The cost to the
medical assistance program of the proposals approved must be
within the limits of the appropriations specifically made for
this purpose. Approval of a proposal expires 12 months after
approval by the commissioner of health unless the facility has
commenced construction as defined in section 144A.071,
subdivision 3, paragraph (b). The board's report to the
legislature, as required under section 144A.31, must include the
projects approved, the criteria used to recommend proposals for
approval, and the estimated costs of the projects, including the
costs of initial construction and remodeling, and the estimated
operating costs during the first two years after the project is
completed.
Subd. 4. [CRITERIA FOR REVIEW.] (a) The following criteria
must be used to compare and evaluate all proposals submitted:
(1) the extent to which the average occupancy rate of the
facility supports the need for the proposed project;
(2) the extent to which the average occupancy rate of all
facilities in the county in which the applicant is located,
together with all contiguous Minnesota counties, supports the
need for the proposed project;
(3) the extent to which the proposal furthers state
long-term care goals, including the goal of enhancing the
availability and use of alternative care services and the goal
of reducing the number of long-term care resident rooms with
more than two beds;
(4) the cost effectiveness of the proposal, including the
proposal's long-term effects on the costs of the medical
assistance program, as determined by the commissioner of human
services; and
(5) other factors developed in rule by the commissioner of
health that evaluate and assess how the proposed project will
further promote or protect the health, safety, comfort,
treatment, or well-being of the facility's residents.
(b) In addition to the criteria in paragraph (a), the
following criteria must be used to evaluate, compare, and rank
proposals involving renovation or replacement:
(1) the extent to which the project improves conditions
that affect the health or safety of residents, such as narrow
corridors, narrow door frames, unenclosed fire exits, and wood
frame construction, and similar provisions contained in fire and
life safety codes and licensure and certification rules;
(2) the extent to which the project improves conditions
that affect the comfort or quality of life of residents in a
facility or the ability of the facility to provide efficient
care, such as a relatively high number of residents in a room;
inadequate lighting or ventilation; poor access to bathing or
toilet facilities; a lack of available ancillary space for
dining rooms, day rooms, or rooms used for other activities;
problems relating to heating, cooling, or energy efficiency;
inefficient location of nursing stations; narrow corridors; or
other provisions contained in the licensure and certification
rules.
Subd. 5. [REPLACEMENT RESTRICTIONS.] (a) Proposals
submitted or approved under this section involving replacement
must provide for replacement of the facility on the existing
site except as allowed in this subdivision.
(b) Facilities located in a metropolitan statistical area
other than the Minneapolis-St. Paul seven-county metropolitan
area may relocate to a site within the same census tract or a
contiguous census tract.
(c) Facilities located in the Minneapolis-St. Paul
seven-county metropolitan area may relocate to a site within the
same or contiguous health planning area as adopted in March 1982
by the metropolitan council.
(d) Facilities located outside a metropolitan statistical
area may relocate to a site within the same city or township, or
within a contiguous township.
(e) A facility relocated to a different site under
paragraphs (b), (c), or (d) must not be relocated to a site more
than six miles from the existing site.
Subd. 6. [CONVERSION RESTRICTIONS.] Proposals submitted or
approved under this section involving conversion must satisfy
the following conditions:
(a) Conversion is limited to a total of five beds.
(b) An equivalent number of hospital beds must be
delicensed.
(c) The average occupancy rate in the existing nursing home
beds must be greater than 96 percent according to the most
recent annual statistical report of the department of health.
(d) The cost of remodeling the hospital rooms to meet
current nursing home construction standards must not exceed ten
percent of the appraised value of the nursing home or $200,000,
whichever is less.
(e) The conversion must not result in an increase in
operating costs.
Subd. 7. [UPGRADING RESTRICTIONS.] Proposals submitted or
approved under this section involving upgrading must satisfy the
following conditions:
(a) No proposal for upgrading may be approved after June
30, 1989.
(b) No more than one proposal for upgrading may be approved
for a facility.
(c) Upgrading is limited to a total of ten beds.
(d) The facility must meet minimum nursing home care
standards.
(e) Upgrading must not result in an increase in per diem
operating costs, except for the upgrading of those freestanding
boarding care facilities which currently meet existing nursing
home building and space standards.
(f) If beds are upgraded to nursing home beds, the number
of boarding care beds in a facility must not increase in the
future.
(g) The average occupancy rate in the existing nursing home
beds must be greater than 96 percent according to the most
recent annual statistical report of the department of health.
(h) The cost of remodeling the facility to meet current
nursing home construction standards must not exceed ten percent
of the appraised value of the facility or $200,000, whichever is
less.
Subd. 8. [RULEMAKING.] The commissioner of health shall
adopt emergency or permanent rules to implement this section.
Sec. 5. Minnesota Statutes 1986, section 144A.27, is
amended to read:
144A.27 [ACTING ADMINISTRATORS.]
If a licensed nursing home administrator is removed from
the position by death or other unexpected cause, the controlling
persons of the nursing home suffering the removal may designate
an acting nursing home administrator who may serve without a
license for no more than 90 days, unless an extension is granted
by the board of examiners shall secure an acting administrator's
license within 30 days of appointment as the acting
administrator.
Sec. 6. Minnesota Statutes 1986, section 256B.431,
subdivision 2b, is amended to read:
Subd. 2b. [OPERATING COSTS, AFTER JULY 1, 1985.] (a) For
rate years beginning on or after July 1, 1985, the commissioner
shall establish procedures for determining per diem
reimbursement for operating costs.
(b) The commissioner shall contract with an econometric
firm with recognized expertise in and access to national
economic change indices that can be applied to the appropriate
cost categories when determining the operating cost payment rate.
(c) The commissioner shall analyze and evaluate each
nursing home's cost report of allowable operating costs incurred
by the nursing home during the reporting year immediately
preceding the rate year for which the payment rate becomes
effective.
(d) The commissioner shall establish limits on actual
allowable historical operating cost per diems based on cost
reports of allowable operating costs for the reporting year that
begins October 1, 1983, taking into consideration relevant
factors including resident needs, geographic location, size of
the nursing home, and the costs that must be incurred for the
care of residents in an efficiently and economically operated
nursing home. In developing the geographic groups for purposes
of reimbursement under this section, the commissioner shall
ensure that nursing homes in any county contiguous to the
Minneapolis-St. Paul seven-county metropolitan area are included
in the same geographic group. The limits established by the
commissioner shall not be less, in the aggregate, than the 60th
percentile of total actual allowable historical operating cost
per diems for each group of nursing homes established under
subdivision 1 based on cost reports of allowable operating costs
in the previous reporting year. The limits established under
this paragraph remain in effect until the commissioner
establishes a new base period. Until the new base period is
established, the commissioner shall adjust the limits annually
using the appropriate economic change indices established in
paragraph (e). In determining allowable historical operating
cost per diems for purposes of setting limits and nursing home
payment rates, the commissioner shall divide the allowable
historical operating costs by the actual number of resident
days, except that where a nursing home is occupied at less than
90 percent of licensed capacity days, the commissioner may
establish procedures to adjust the computation of the per diem
to an imputed occupancy level at or below 90 percent. The
commissioner shall establish efficiency incentives as
appropriate. The commissioner may establish efficiency
incentives for different operating cost categories. The
commissioner shall consider establishing efficiency incentives
in care related cost categories. The commissioner may combine
one or more operating cost categories and may use different
methods for calculating payment rates for each operating cost
category or combination of operating cost categories. For the
rate year beginning on July 1, 1985, the commissioner shall:
(1) allow nursing homes that have an average length of stay
of 180 days or less in their skilled nursing level of care, 125
percent of the care related limit and 105 percent of the other
operating cost limit established by rule; and
(2) exempt nursing homes licensed on July 1, 1983, by the
commissioner to provide residential services for the physically
handicapped under Minnesota Rules, parts 9570.2000 to 9570.3600,
from the care related limits and allow 105 percent of the other
operating cost limit established by rule.
For the purpose of calculating the other operating cost
efficiency incentive for nursing homes referred to in clause (1)
or (2), the commissioner shall use the other operating cost
limit established by rule before application of the 105 percent.
(e) The commissioner shall establish a composite index or
indices by determining the appropriate economic change
indicators to be applied to specific operating cost categories
or combination of operating cost categories.
(f) Each nursing home shall receive an operating cost
payment rate equal to the sum of the nursing home's operating
cost payment rates for each operating cost category. The
operating cost payment rate for an operating cost category shall
be the lesser of the nursing home's historical operating cost in
the category increased by the appropriate index established in
paragraph (e) for the operating cost category plus an efficiency
incentive established pursuant to paragraph (d) or the limit for
the operating cost category increased by the same index. If a
nursing home's actual historic operating costs are greater than
the prospective payment rate for that rate year, there shall be
no retroactive cost settle-up. In establishing payment rates
for one or more operating cost categories, the commissioner may
establish separate rates for different classes of residents
based on their relative care needs.
(g) The commissioner shall include the reported actual real
estate tax liability or payments in lieu of real estate tax of
each proprietary nursing home as an operating cost of that
nursing home. For rate years beginning on or after July 1,
1987, the reported actual real estate tax liability or payments
in lieu of real estate tax of nursing homes shall be adjusted to
include an amount equal to one-half of the dollar change in real
estate taxes from the prior year. The commissioner shall
include a reported actual special assessment, and reported
actual license fees required by the Minnesota department of
health, for each nursing home as an operating cost of that
nursing home. Total adjusted real estate tax liability,
payments in lieu of real estate tax, actual special assessments
paid, and license fees paid as required by the Minnesota
department of health, for each nursing home (1) shall be divided
by actual resident days in order to compute the operating cost
payment rate for this operating cost category, (2) shall not be
used to compute the 60th percentile or other operating cost
limits established by the commissioner, and (3) shall not be
increased by the composite index or indices established pursuant
to paragraph (e).
(h) For rate years beginning on or after July 1, 1987, the
commissioner shall adjust the rates of a nursing home that meets
the criteria for the special dietary needs of its residents as
specified in section 144A.071, subdivision 3, clause (c), and
the requirements in section 31.651. The adjustment for raw food
cost shall be the difference between the nursing home's
allowable historical raw food cost per diem and 115 percent of
the median historical allowable raw food cost per diem of the
corresponding geographic group.
The rate adjustment shall be reduced by the applicable
phase-in percentage as provided under section 256B.431,
subdivision 2h.
Sec. 7. Minnesota Statutes 1986, section 256B.431,
subdivision 2e, is amended to read:
Subd. 2e. [NEGOTIATED RATES CONTRACTS FOR SERVICES FOR
VENTILATOR DEPENDENT PERSONS.] Until procedures for determining
operating cost payment rates according to mix of resident needs
are established, the commissioner may negotiate, with a nursing
home that is eligible to receive medical assistance payments, a
payment rate of up to 125 percent of the allowed payment rate to
be paid for a period of up to three months for individuals who
have been hospitalized for more than 100 days, or who have
extensive care needs based on nursing hours actually provided or
mental or physical disability, or who need respite care for a
specified and limited time period. In addition, the
commissioner shall take into consideration facilities which
historically provided nursing hours at or near the maximum
limits which were subsequently reduced as a consequence of
payment rate reductions. The payment rate shall be based on an
assessment of the nursing home's resident mix as determined by
the commissioner of health. When circumstances dictate, the
commissioner has authority to renegotiate payment rates for an
additional period of time. The payment rate negotiated and The
commissioner may contract with a nursing home eligible to
receive medical assistance payments to provide services to a
ventilator dependent person identified by the commissioner
according to criteria developed by the commissioner, including:
(1) nursing home care has been recommended for the person
by a preadmission screening team;
(2) the person has been assessed at case mix classification
K;
(3) the person has been hospitalized for at least six
months and no longer requires inpatient acute care hospital
services; and
(4) the commissioner has determined that necessary services
for the person cannot be provided under existing nursing home
rates.
The commissioner may issue a request for proposals to
provide services to a ventilator dependent person to nursing
homes eligible to receive medical assistance payments and shall
select nursing homes from among respondents according to
criteria developed by the commissioner, including:
(1) the cost effectiveness and appropriateness of services;
(2) the nursing home's compliance with federal and state
licensing and certification standards; and
(3) the proximity of the nursing home to a ventilator
dependent person identified by the commissioner who requires
nursing home placement.
The commissioner may negotiate an adjustment to the
operating cost payment rate for a nursing home selected by the
commissioner from among respondents to the request for
proposals. The negotiated adjustment must reflect only the
actual additional cost of meeting the specialized care needs of
a ventilator dependent person identified by the commissioner for
whom necessary services cannot be provided under existing
nursing home rates and which are not otherwise covered under
Minnesota Rules, parts 9549.0010 to 9549.0080 or 9505.0170 to
9505.0475. The negotiated adjustment shall not affect the
payment rate charged to private paying residents under the
provisions of section 256B.48, subdivision 1. The negotiated
adjustment paid pursuant to this paragraph is specifically
exempt from the definition of "rule" and the rulemaking
procedures required by chapter 14 and section 256B.502.
Sec. 8. Minnesota Statutes 1986, section 256B.431,
subdivision 3a, is amended to read:
Subd. 3a. [PROPERTY-RELATED COSTS AFTER JULY 1, 1985.] (a)
For rate years beginning on or after July 1, 1985, the
commissioner, by permanent rule, shall reimburse nursing home
providers that are vendors in the medical assistance program for
the rental use of real estate and depreciable equipment. "Real
estate" means land improvements, buildings, and attached
fixtures used directly for resident care. "Depreciable
equipment" means the standard moveable resident care equipment
and support service equipment generally used in long-term care
facilities.
(b) In developing the method for determining payment rates
for the rental use of nursing homes, the commissioner shall
consider factors designed to:
(1) simplify the administrative procedures for determining
payment rates for property-related costs;
(2) minimize discretionary or appealable decisions;
(3) eliminate any incentives to sell nursing homes;
(4) recognize legitimate costs of preserving and replacing
property;
(5) recognize the existing costs of outstanding
indebtedness allowable under the statutes and rules in effect on
May 1, 1983;
(6) address the current value of, if used directly for
patient care, land improvements, buildings, attached fixtures,
and equipment;
(7) establish an investment per bed limitation;
(8) reward efficient management of capital assets;
(9) provide equitable treatment of facilities;
(10) consider a variable rate; and
(11) phase-in implementation of the rental reimbursement
method.
(c) No later than January 1, 1984, the commissioner shall
report to the legislature on any further action necessary or
desirable in order to implement the purposes and provisions of
this subdivision.
(d) For rate years beginning on or after July 1, 1987, a
nursing home which has reduced licensed bed capacity after
January 1, 1986, shall be allowed to:
(1) aggregate the applicable investment per bed limits
based on the number of beds licensed prior to the reduction; and
(2) establish capacity days for each rate year following
the licensure reduction based on the number of beds licensed on
the previous April 1 if the commissioner is notified of the
change by April 4. The notification must include a copy of the
delicensure request that has been submitted to the commissioner
of health.
(e) Until the rental reimbursement method is fully phased
in, a nursing home whose final property-related payment rate is
the rental rate shall continue to have its property-related
payment rates established based on the rental reimbursement
method.
Sec. 9. Minnesota Statutes 1986, section 256B.431, is
amended by adding a subdivision to read:
Subd. 3b. [DEPRECIATION RECAPTURE.] The sale of a nursing
home which occurred on or after July 1, 1987, shall result in
depreciation recapture payments to be paid by the buyer to the
commissioner within 60 days of the department's notification if
the sale price exceeds the nursing home's allowable historical
cost of capital assets including land recognized by the
commissioner at the time of the sale, reduced by accumulated
depreciation. The gross recapture amount shall be the lesser of
the actual gain on the sale or actual depreciation recognized
for the purpose of calculating medical assistance payment rates
from the latter of the date of previous sale or November 1,
1972, through the date of the sale. The gross recapture amount
shall be allocated to each reporting year from the latter of the
date of previous sale or November 1, 1972, through the date of
the sale in the same ratio as depreciation amounts recognized
for the purpose of calculating medical assistance payment
rates. The amount allocated to each reporting year shall be
divided by the total actual resident days in that reporting
year, thereby determining a cost-per-resident day. The
recapture amount shall be the cost-per-resident day for each
reporting year times the actual medical assistance resident days
for the corresponding rate year following each reporting year.
No payment of depreciation recapture shall be assessed with
respect to a portion of a rate year beginning after June 30,
1985, in which the property-related payment rate was based on
the nursing home's rental value. The recapture amount shall be
reduced by one percent for each month of continuous ownership
since the previous date of sale of the nursing home up to a
maximum of 100 months. For the purpose of this subdivision, the
sale of a nursing home means the sale or transfer of a nursing
home's capital assets or capital stock or the redemption of
ownership interests by members of a partnership. In the case of
a sale or transfer of a nursing home in which the new operator
leases depreciable equipment used in the nursing home business
from the prior operator, or an affiliate of the prior operator,
the net present value of the lease shall be added to the
transaction price for the purpose of determining the actual gain
on the sale. In the case of a partial sale of a nursing home,
the provisions of this subdivision will be applied
proportionately to sales or accumulations of sales that exceed
20 percent of a nursing home's capital assets or capital stock.
Depreciation recapture payments resulting from the sale of a
nursing home which occurred before July 1, 1985, shall be
calculated in accordance with reimbursement regulations in
effect on the date of the sale.
Sec. 10. Minnesota Statutes 1986, section 256B.431, is
amended by adding a subdivision to read:
Subd. 3c. [PLANT AND MAINTENANCE COSTS.] For the rate
years beginning on or after July 1, 1987, the commissioner shall
allow as an expense in the reporting year of occurrence the
lesser of the actual allowable plant and maintenance costs for
supplies, minor equipment, equipment repairs, building repairs,
purchased services and service contracts, except for arms-length
service contracts whose primary purpose is supervision, or $325
per licensed bed.
Sec. 11. Minnesota Statutes 1986, section 256B.431,
subdivision 4, is amended to read:
Subd. 4. [SPECIAL RATES.] (a) For the rate years beginning
July 1, 1983, and July 1, 1984, a newly constructed nursing home
or one with a capacity increase of 50 percent or more may, upon
written application to the commissioner, receive an interim
payment rate for reimbursement for property-related costs
calculated pursuant to the statutes and rules in effect on May
1, 1983 and for operating costs negotiated by the commissioner
based upon the 60th percentile established for the appropriate
group under subdivision 2a, to be effective from the first day a
medical assistance recipient resides in the home or for the
added beds. For newly constructed nursing homes which are not
included in the calculation of the 60th percentile for any
group, subdivision 2f, the commissioner shall establish by rule
procedures for determining interim operating cost payment rates
and interim property-related cost payment rates. The interim
payment rate shall not be in effect for more than 17 months.
The commissioner shall establish, by emergency and permanent
rules, procedures for determining the interim rate and for
making a retroactive cost settle-up after the first year of
operation; the cost settled operating cost per diem shall not
exceed 110 percent of the 60th percentile established for the
appropriate group. Until procedures determining operating cost
payment rates according to mix of resident needs are
established, the commissioner shall establish by rule procedures
for determining payment rates for nursing homes which provide
care under a lesser care level than the level for which the
nursing home is certified.
(b) For the rate years beginning on or after July 1, 1985,
a newly constructed nursing home or one with a capacity increase
of 50 percent or more may, upon written application to the
commissioner, receive an interim payment rate for reimbursement
for property related costs, operating costs, and real estate
taxes and special assessments calculated under rules promulgated
by the commissioner.
(c) For rate years beginning on or after July 1, 1983, the
commissioner may exclude from a provision of 12 MCAR S 2.050 any
facility that is licensed by the commissioner of health only as
a boarding care home, certified by the commissioner of health as
an intermediate care facility, is licensed by the commissioner
of human services under Minnesota Rules, parts 9520.0500 to
9520.0690, and has less than five percent of its licensed
boarding care capacity reimbursed by the medical assistance
program. Until a permanent rule to establish the payment rates
for facilities meeting these criteria is promulgated, the
commissioner shall establish the medical assistance payment rate
as follows:
(1) The desk audited payment rate in effect on June 30,
1983, remains in effect until the end of the facility's fiscal
year. The commissioner shall not allow any amendments to the
cost report on which this desk audited payment rate is based.
(2) For each fiscal year beginning between July 1, 1983,
and June 30, 1985, the facility's payment rate shall be
established by increasing the desk audited operating cost
payment rate determined in clause (1) at an annual rate of five
percent.
(3) For fiscal years beginning on or after July 1, 1985,
the facility's payment rate shall be established by increasing
the facility's payment rate in the facility's prior fiscal year
by the increase indicated by the consumer price index for
Minneapolis and St. Paul.
(4) For the purpose of establishing payment rates under
this paragraph, the facility's rate and reporting years coincide
with the facility's fiscal year.
A facility that meets the criteria of this paragraph shall
submit annual cost reports on forms prescribed by the
commissioner.
For the rate year beginning July 1, 1985, each nursing home
total payment rate must be effective two calendar months from
the first day of the month after the commissioner issues the
rate notice to the nursing home. From July 1, 1985, until the
total payment rate becomes effective, the commissioner shall
make payments to each nursing home at a temporary rate that is
the prior rate year's operating cost payment rate increased by
2.6 percent plus the prior rate year's property-related payment
rate and the prior rate year's real estate taxes and special
assessments payment rate. The commissioner shall retroactively
adjust the property-related payment rate and the real estate
taxes and special assessments payment rate to July 1, 1985, but
must not retroactively adjust the operating cost payment rate.
(d) For the purposes of Minnesota Rules, part 9549.0060,
subpart 13, item F, the following types of transactions shall
not be considered a sale or reorganization of a provider entity:
(1) the sale or transfer of a nursing home upon death of an
owner;
(2) the sale or transfer of a nursing home due to serious
illness or disability of an owner as defined under the social
security act;
(3) the sale or transfer of the nursing home upon
retirement of an owner at 62 years of age or older;
(4) any transaction in which a partner, owner, or
shareholder acquires an interest or share of another partner,
owner, or shareholder in a nursing home business provided the
acquiring partner, owner, or shareholder has less than 50
percent ownership after the acquisition;
(5) a sale and leaseback to the same licensee which does
not constitute a change in facility license;
(6) a transfer of an interest to a trust;
(7) gifts or other transfers for no consideration;
(8) a merger of two or more related organizations;
(9) a transfer of interest in a facility held in
receivership;
(10) a change in the legal form of doing business other
than a publicly held organization which becomes privately held
or vice versa;
(11) the addition of a new partner, owner, or shareholder
who owns less than 20 percent of the nursing home or the
issuance of stock; or
(12) an involuntary transfer including foreclosure,
bankruptcy, or assignment for the benefit of creditors.
Any increase in allowable debt or allowable interest
expense or other cost incurred as a result of the foregoing
transactions shall be a nonallowable cost for purposes of
reimbursement under Minnesota Rules, parts 9549.0010 to
9549.0080.
(e) For rate years beginning on or after July 1, 1986, the
commissioner may exclude from a provision of Minnesota Rules,
parts 9549.0010 to 9549.0080, any facility that is certified by
the commissioner of health as an intermediate care facility,
licensed by the commissioner of human services as a chemical
dependency treatment program and enrolled in the medical
assistance program as an institution for mental disease. The
commissioner of human services shall establish a medical
assistance payment rate for these facilities. Chapter 14 does
not apply to the procedures and criteria used to establish the
ratesetting structure. The ratesetting method is not appealable.
Sec. 12. Minnesota Statutes 1986, section 256B.50,
subdivision 2, is amended to read:
Subd. 2. [APPRAISED VALUE; APPEALS BOARD.] (a) Appeals
concerning the appraised value of a nursing home's real estate
must be heard by a three-person appeal board appointed by the
commissioner. The real estate as defined in section 256B.431,
subdivision 3, must be appraised using the depreciated
replacement cost method.
(b) Members of the appeals board shall be appointed by the
commissioner from the list of appraisers approved for state
contracts by the commissioner of administration. In making the
selection, the commissioner of human services shall ensure that
each member is experienced in the use of the depreciated
replacement cost method and is free of any personal, political,
or economic conflict of interest that may impair the member's
ability to function in a fair and objective manner.
(c) The appeals board shall appoint one of its members to
act as chief representative and shall examine witnesses when it
is necessary to make a complete record. Facts to be considered
by the board are limited to those in existence at the time of
the appraisal being appealed. The board shall issue a written
report regarding each appeal to the commissioner within 30 days
following the close of the record. The report must contain
findings of fact, conclusions, and a recommended disposition
based on a majority decision of the board. A copy of the report
must be served upon all parties.
(d) The commissioner shall issue an order adopting,
rejecting, or modifying the appeal board's recommendation within
30 days of receipt of the report. A copy of the decision must
be served upon all parties.
(e) Within 30 days of receipt of the commissioner's order,
the appealing party may appeal to the Minnesota court of
appeals. The court's decision is limited to a determination of
the appraised value of the real estate and must not include
costs assessed against either party. (a) An appeal request
concerning the appraised value of a nursing home's real estate
as established by an appraisal conducted after July 1, 1986,
shall state the appraised value the nursing home believes is
correct for the building, land improvements, and attached
equipment and the name and address of the firm with whom
contacts may be made regarding the appeal. The appeal request
shall include a separate appraisal report prepared by an
independent appraiser of real estate which supports the total
appraised value claimed by the nursing home. The appraisal
report shall be based on an on-site inspection of the nursing
home's real estate using the depreciated replacement cost
method, must be in a form comparable to that used in the
commissioner's appraisal, and must pertain to the same time
period covered by the appealed appraisal. The appraisal report
shall include information related to the training, experience,
and qualifications of the appraiser who conducted and prepared
the appraisal report for the nursing home.
(b) A nursing home which has filed an appeal request prior
to the effective date of this law concerning the appraised value
of its real estate as established by an appraisal conducted
before July 1, 1986, must submit to the commissioner the
information described under paragraph (a) within 60 days of the
effective date of this act in order to preserve the appeal.
(c) An appeal request which has been filed pursuant to the
provisions of paragraph (a) or (b) shall be finally resolved
through an agreement entered into by and between the
commissioner and the nursing home or by the determination of an
independent appraiser based upon an on-site inspection of the
nursing home's real estate using the depreciated replacement
cost method, in a form comparable to that used in the
commissioner's appraisal, and pertaining to the same time period
covered by the appealed appraisal. The appraiser shall be
selected by the commissioner and the nursing home by alternately
striking names from a list of appraisers approved for state
contracts by the commissioner of administration. The appraiser
shall make assurances to the satisfaction of the commissioner
and the nursing home that the appraiser is experienced in the
use of the depreciated cost method of appraisals and that the
appraiser is free of any personal, political, or economic
conflict of interest that may impair the ability to function in
a fair and objective manner. The commissioner shall pay costs
of the appraiser through a negotiated rate for services of the
appraiser.
(d) The decision of the appraiser is final and is not
appealable. Exclusive jurisdiction for appeals of the appraised
value of nursing homes lies with the procedures set out in this
subdivision. No court of law shall possess subject matter
jurisdiction to hear appeals of appraised value determinations
of nursing homes.
Sec. 13. [STUDY AND REPORT.]
The interagency board for quality assurance shall study the
following issues and report to the legislature by December 15,
1988, on its findings and recommendations:
(1) the advisability of changing the definition of
"hardship" for purposes of the nursing home moratorium;
(2) the advisability of defining the need for nursing home
beds in terms of the population aged 75 and older; and
(3) the existence of a geographic maldistribution of
long-term care beds and alternative care services in the state.
Sec. 14. [SPECIAL PROJECTS.]
Notwithstanding contrary provisions of section 256.01,
subdivision 2, clause (15), for the biennium ending June 30,
1989, the maximum balance in the special projects account is
increased from $400,000 to $1,000,000, and money in the account
may be used by the commissioner for projects to accelerate the
resolution of long-term care rate appeals.
Sec. 15. [EFFECTIVE DATES.]
Sections 1 and 2 are effective July 1, 1989. Sections 3 to
13 are effective July 1, 1987.
ARTICLE 5
Section 1. Minnesota Statutes 1986, section 245.782,
subdivision 5, is amended to read:
Subd. 5. "Day care facility" means any facility, public or
private, which for gain or otherwise regularly provides one or
more persons with care, training, supervision, habilitation,
rehabilitation, or developmental guidance on a regular basis,
for periods of less than 24 hours per day, in a place other than
the person's own home. Day care facilities include, but are not
limited to: family day care homes, group family day care homes,
day care centers, day nurseries, nursery schools, developmental
achievement centers for children, day training and habilitation
services for adults, day treatment programs, adult day care
centers, and day services.
Sec. 2. Minnesota Statutes 1986, section 252.21, is
amended to read:
252.21 [COUNTY BOARDS MAY MAKE GRANTS FOR DEVELOPMENTAL
ACHIEVEMENT CENTER SERVICES FOR PERSONS CHILDREN WITH MENTAL
RETARDATION OR RELATED CONDITIONS.]
In order to assist county boards in carrying out
responsibilities for the provision of daytime developmental
achievement center services for eligible persons children, the
county board or boards are hereby authorized to make grants,
within the limits of the money appropriated, to developmental
achievement centers for services to persons children with mental
retardation or related conditions. In order to fulfill its
responsibilities to persons children with mental retardation or
related conditions as required by section sections 120.17 and
256E.08, subdivision 1, a county board may, beginning January 1,
1983, contract with developmental achievement centers or other
providers.
Sec. 3. Minnesota Statutes 1986, section 252.22, is
amended to read:
252.22 [APPLICANTS FOR ASSISTANCE; TAX LEVY.]
Any city, town, or governmental entity, nonprofit
corporation, or any combination thereof, may apply to the county
board for assistance in establishing and operating a
developmental achievement center and program for
persons children with mental retardation or related conditions.
Application for such assistance shall be on forms supplied by
the board. Each applicant shall annually submit to the board
its plan and budget for the next fiscal year. No applicant
shall be eligible for a grant hereunder unless its plan and
budget have been approved by the board.
Any city, town, or county is authorized, at the discretion
of its governing body, to make grants from special tax revenues
or from its general revenue fund to any nonprofit organization,
governmental or corporate, within or outside its jurisdiction,
that has established a developmental achievement center
for persons children with mental retardation or related
conditions. Nothing contained herein shall in any way preclude
the use of funds available for this purpose under any existing
statute or charter provision relating to cities, towns and
counties.
Sec. 4. Minnesota Statutes 1986, section 252.23, is
amended to read:
252.23 [ELIGIBILITY REQUIREMENTS.]
A developmental achievement center shall satisfy all of the
following requirements to be eligible for assistance under
sections 252.21 to 252.26:
(1) provide daytime activities for any or all of the
following classes of persons: developmental services to children
with mental retardation or related conditions who can benefit
from the program of services, including those school age
children who have been excused or excluded from school;
Children and adults with mental retardation or related
conditions who are unable to attend school because of their
chronological age and are unable to independently engage in
ordinary community activities; and
(2) Provide counseling services to parents or guardians of
persons with mental retardation or related conditions who may
register at the center;
(3) comply with all rules duly promulgated adopted by the
commissioner of human services.
Sec. 5. Minnesota Statutes 1986, section 252.24,
subdivision 1, is amended to read:
Subdivision 1. [SELECTION OF DEVELOPMENTAL ACHIEVEMENT
CENTERS.] The county board shall administer developmental
achievement services, including training and habilitation
services provided by licensed developmental achievement centers
to residents of intermediate care facilities for the mentally
retarded. The county board shall ensure that transportation is
provided for persons children who fulfill the eligibility
requirements of section 252.23, clause (1), utilizing the most
efficient and reasonable means available. The county board may
contract for developmental achievement services and
transportation from a center which is licensed under the
provisions of sections 245.781 to 245.813, 252.28, and 257.175,
and in the board's opinion, best provides daytime developmental
achievement services for persons children with mental
retardation or related conditions within the appropriation
and medical assistance resources made available for this
purpose. Daytime developmental achievement services
administered by the county board shall comply with standards
established by the commissioner pursuant to subdivision 2 and
applicable federal regulations.
Sec. 6. Minnesota Statutes 1986, section 252.24,
subdivision 4, is amended to read:
Subd. 4. [FEES.] The county board may, with the approval
of the commissioner, establish a schedule of fees for daytime
developmental achievement services as provided in section
256E.08, subdivision 6. No person child, or family of a child,
with mental retardation or a related condition shall be denied
daytime developmental achievement services because of an
inability to pay such a fee.
Sec. 7. Minnesota Statutes 1986, section 252.25, is
amended to read:
252.25 [BOARD OF DIRECTORS.]
Every city, town, or governmental entity, nonprofit
corporation, or combination thereof, establishing a
developmental achievement center for persons children with
mental retardation or related conditions shall, before it comes
under the terms of sections 252.21 to 252.26, appoint a board of
directors for the center program. When any city or town singly
establishes such a center, such board shall be appointed by the
chief executive officer of the city or the chair of the
governing board of the town. When any combination of cities,
towns, or nonprofit corporations, establishes such a center, the
chief executive officers of the cities or nonprofit corporations
and the chair of the governing bodies of the towns shall appoint
the board of directors. If a nonprofit corporation singly
establishes such a center, its chief executive officer shall
appoint the board of directors of the center. Membership on a
board of directors while not mandatory, should be representative
of local health, education and welfare departments, medical
societies, mental health centers, associations concerned with
mental retardation and related conditions, civic groups and the
general public. Nothing in sections 252.21 to 252.26 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 such board of directors, or
public schools from administering programs under their present
administrative structure.
Sec. 8. [252.40] [SERVICE PRINCIPLES AND RATE-SETTING
PROCEDURES FOR DAY TRAINING AND HABILITATION SERVICES FOR ADULTS
WITH MENTAL RETARDATION AND RELATED CONDITIONS.]
Sections 8 to 15 apply to day training and habilitation
services for adults with mental retardation and related
conditions when the services are authorized to be funded by a
county and provided under a contract between a county board and
a vendor as defined in section 9. Nothing in sections 8 to 15
absolves intermediate care facilities for persons with mental
retardation or related conditions of the responsibility for
providing active treatment and habilitation under federal
regulations with which those facilities must comply to be
certified by the Minnesota department of health.
Sec. 9. [252.41] [DEFINITIONS.]
Subdivision 1. [SCOPE.] The definitions in this section
apply to sections 8 to 15.
Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of the department of human services.
Subd. 3. [DAY TRAINING AND HABILITATION SERVICES FOR
ADULTS WITH MENTAL RETARDATION, RELATED CONDITIONS.] "Day
training and habilitation services for adults with mental
retardation and related conditions" means services that:
(1) include supervision, training, assistance, and
supported employment, work-related activities, or other
community-integrated activities designed and implemented in
accordance with the individual service and individual
habilitation plans required under Minnesota Rules, parts
9525.0015 to 9525.0165, to help an adult reach and maintain the
highest possible level of independence, productivity, and
integration into the community;
(2) are provided under contract with the county where the
services are delivered by a vendor licensed under sections
245.781 to 245.812 and 252.28, subdivision 2, to provide day
training and habilitation services; and
(3) are regularly provided to one or more adults with
mental retardation or related conditions in a place other than
the adult's own home or residence.
Day training and habilitation services reimbursable under
this section do not include special education and related
services as defined in the Education of the Handicapped Act,
United States Code, title 20, chapter 33, section 1401, clauses
(6) and (17), or vocational services funded under section 110 of
the Rehabilitation Act of 1973, United States Code, title 29,
section 720, as amended.
Subd. 4. [INDEPENDENCE.] "Independence" means the extent
to which persons with mental retardation or related conditions
exert control and choice over their own lives.
Subd. 5. [INTEGRATION.] "Integration" means that persons
with mental retardation and related conditions:
(1) use the same community resources that are used by and
available to individuals who are not disabled;
(2) participate in the same community activities in which
nondisabled individuals participate; and
(3) regularly interact and have contact with nondisabled
individuals.
Subd. 6. [PRODUCTIVITY.] "Productivity" means that persons
with mental retardation or a related condition:
(1) engage in income-producing work designed to improve
their income level, employment status, or job advancement; or
(2) engage in activities that contribute to a business,
household, or community.
Subd. 7. [REGIONAL CENTER.] "Regional center" means any
one of the eight state-operated facilities under the direct
administrative authority of the commissioner that serve persons
with mental retardation and related conditions. The following
facilities are regional centers: Anoka-Metro Regional Treatment
Center; Brainerd Regional Human Services Center; Cambridge
Regional Treatment Center; Faribault Regional Center; Fergus
Falls Regional Treatment Center; Moose Lake Regional Treatment
Center; St. Peter Regional Treatment Center; and Willmar
Regional Treatment Center.
Subd. 8. [SUPPORTED EMPLOYMENT.] "Supported employment"
means employment of a person with a disability so severe that
the person needs ongoing training and support to get and keep a
job in which:
(1) the person engages in paid work at a work site where
individuals without disabilities who do not require public
subsidies also may be employed;
(2) public funds are necessary to provide ongoing training
and support services throughout the period of the person's
employment; and
(3) the person has the opportunity for social interaction
with individuals who do not have disabilities and who are not
paid caregivers.
Subd. 9. [VENDOR.] "Vendor" means a nonprofit legal entity
that:
(1) is licensed under sections 245.781 to 245.812 and
252.28, subdivision 2, to provide day training and habilitation
services to adults with mental retardation and related
conditions; and
(2) does not have a financial interest in the legal entity
that provides residential services to the same person or persons
to whom it provides day training and habilitation services.
This clause does not apply to regional centers or vendors
licensed prior to April 15, 1983.
Sec. 10. [252.42] [SERVICE PRINCIPLES.]
The design and delivery of services eligible for
reimbursement under the rates established in section 14 should
reflect the following principles:
(1) Services must suit a person's chronological age and be
provided in the least restrictive environment possible,
consistent with the needs identified in the person's individual
service and individual habilitation plans under Minnesota Rules,
parts 9525.0015 to 9525.0165.
(2) A person with mental retardation or a related condition
whose individual service and individual habilitation plans
authorize employment or employment-related activities shall be
given the opportunity to participate in employment and
employment-related activities in which nondisabled persons
participate.
(3) A person with mental retardation or a related condition
participating in work shall be paid wages commensurate with the
rate for comparable work and productivity except as regional
centers are governed by section 246.151.
(4) A person with mental retardation or a related condition
shall receive services which include services offered in
settings used by the general public and designed to increase the
person's active participation in ordinary community activities.
(5) A person with mental retardation or a related condition
shall participate in the patterns, conditions, and rhythms of
everyday living and working that are consistent with the norms
of the mainstream of society.
Sec. 11. [252.43] [COMMISSIONER'S DUTIES.]
The commissioner shall supervise county boards' provision
of day training and habilitation services to adults with mental
retardation and related conditions. The commissioner shall:
(1) determine the need for day training and habilitation
services under section 252.28;
(2) approve payment rates established by a county under
section 14, subdivision 1;
(3) adopt rules for the administration and provision of day
training and habilitation services under sections 8 to 15 and
sections 245.781 to 245.812 and 252.28, subdivision 2;
(4) enter into interagency agreements necessary to ensure
effective coordination and provision of day training and
habilitation services;
(5) monitor and evaluate the costs and effectiveness of day
training and habilitation services; and
(6) provide information and technical help to county boards
and vendors in their administration and provision of day
training and habilitation services.
Sec. 12. [252.44] [COUNTY BOARD RESPONSIBILITIES.]
(a) When the need for day training and habilitation
services in a county has been determined under section 252.28,
the board of commissioners for that county shall:
(1) authorize the delivery of services according to the
individual service and habilitation plans required as part of
the county's provision of case management services under
Minnesota Rules, parts 9525.0015 to 9525.0165. For calendar
years for which section 252.46, subdivisions 2 to 10, apply, the
county board shall not authorize a change in service days from
the number of days authorized for the previous calendar year
unless there is documentation for the change in the individual
service plan. An increase in service days must also be
supported by documentation that the goals and objectives
assigned to the vendor cannot be met more economically and
effectively by other available community services and that
without the additional days of service the individual service
plan could not be implemented in a manner consistent with the
service principles in section 252.42;
(2) contract with licensed vendors, as specified in
paragraph (b), under sections 256E.01 to 256E.12 and 256B.092
and rules adopted under those sections;
(3) ensure that transportation is provided or arranged by
the vendor in the most efficient and reasonable way possible;
(4) set payment rates under section 14;
(5) monitor and evaluate the cost and effectiveness of the
services; and
(6) reimburse vendors for the provision of authorized
services according to the rates, procedures, and regulations
governing reimbursement.
(b) With all vendors except regional centers, the contract
must include the approved payment rates, the projected budget
for the contract period, and any actual expenditures of previous
and current contract periods. With all vendors, including
regional centers, the contract must also include the amount,
availability, and components of day training and habilitation
services to be provided, the performance standards governing
service provision and evaluation, and the time period in which
the contract is effective.
Sec. 13. [252.45] [VENDOR'S DUTIES.]
A vendor's responsibility under clauses (1), (2), and (3)
extends only to the provision of services that are reimbursable
under state and federal law. A vendor under contract with a
county board to provide day training and habilitation services
shall:
(1) provide the amount and type of services authorized in
the individual service plan and specified in the individual
habilitation plan under Minnesota Rules, parts 9525.0015 to
9525.0165;
(2) design the services to achieve the outcomes assigned to
the vendor in the individual service plan and specified in the
individual habilitation plan;
(3) provide or arrange for transportation of persons
receiving services to and from service sites;
(4) enter into agreements with community-based intermediate
care facilities for persons with mental retardation and related
conditions to ensure compliance with applicable federal
regulations; and
(5) comply with state and federal law.
Sec. 14. [252.46] [PAYMENT RATES.]
Subdivision 1. [RATES ESTABLISHED THROUGH 1988.] Payment
rates to vendors, except regional centers, for county-funded day
training and habilitation services and transportation provided
to persons receiving day training and habilitation services
established by a county board before January 1, 1989, are
governed by subdivisions 2 to 10.
"Payment rate" as used in subdivisions 2 to 10 refers to
three kinds of payment rates: a full-day service rate for
persons who receive at least six service hours a day, including
the time it takes to transport the person to and from the
service site; a partial-day service rate that must not exceed 75
percent of the full-day service rate for persons who receive
less than a full day of service; and a transportation rate for
providing, or arranging and paying for, transportation of a
person to and from the person's residence to the service site.
Subd. 2. [1987 AND 1988 MINIMUM.] Unless a variance is
granted under subdivision 6, the minimum payment rates set by a
county board for each vendor for 1987 and 1988 must be equal to
the payment rates approved by the commissioner for that vendor
in effect January 1, 1986, and January 1, 1987, respectively.
Subd. 3. [1987 AND 1988 MAXIMUM.] Unless a variance is
granted under subdivision 6, the maximum payment rates for each
vendor for 1987 and 1988 must be equal to the payment rates
approved by the commissioner for that vendor in effect December
1, 1986, and December 1, 1987, respectively, increased by no
more than the projected percentage change in the urban consumer
price index, all items, published by the United States
Department of Labor, for the upcoming calendar year over the
current calendar year.
Subd. 4. [NEW VENDORS.] Payment rates established by a
county before January 1, 1989, for a new vendor for which there
were no previous rates must not exceed 125 percent of the
average payment rates in the regional development commission
district under sections 462.381 to 462.396 in which the new
vendor is located.
Subd. 5. [SUBMITTING RECOMMENDED RATES.] The county board
shall submit recommended payment rates to the commissioner on
forms supplied by the commissioner by November 1, 1987, and at
least 60 days before revised payment rates or payment rates for
new vendors are to be effective. The forms must require the
county board's written verification of the individual
documentation required under section 12, clause (a). If the
number of days of service provided by a licensed vendor are
projected to increase, the county board must recommend payment
rates based on the projected increased days of attendance and
resulting lower per unit fixed costs. If a vendor provides
services at more than one licensed site, the county board may
recommend the same payment rates for each site based on the
average rate for all sites. The county board may also recommend
differing payment rates for each licensed site if it would
result in a total annual payment to the vendor that is equal to
or less than the total annual payment that would result if the
average rates had been used for all sites. For purposes of this
subdivision, the average payment rate for all service sites used
by a vendor must be computed by adding the amounts that result
when the payment rates for each licensed site are multiplied by
the projected annual number of service units to be provided at
that site and dividing the sum of those amounts by the total
units of service to be provided by the vendor at all sites.
Subd. 6. [VARIANCES.] A variance from the minimum or
maximum payment rates in subdivisions 2 and 3 may be granted by
the commissioner when the vendor requests and the county board
submits to the commissioner a written variance request with the
recommended payment rates. The county board shall review all
vendors' payment rates that are 20 percent lower than the
average rates for the regional development commission district
to which the county belongs. If the county determines that the
payment rates do not provide sufficient revenue to the vendor
for authorized service delivery the county must recommend a
variance under this section. This review must occur prior to
November 1, 1987. When the county board contracts for increased
services from any vendor for some or all individuals receiving
services from the vendor, the county board shall review the
vendor's payment rates to determine whether the increase
requires that a variance to the minimum rates be recommended
under this section to reflect the vendor's lower per unit fixed
costs. The written variance request must include documentation
that all the following criteria have been met:
(1) The commissioner and the county board have both
conducted a review and have identified a need for a change in
the payment rates to change the number of direct service staff
or the level of qualifications of the staff.
(2) The proposed changes are required for the vendor to
deliver authorized individual services in an effective and
efficient manner.
(3) The proposed changes demonstrate compliance with
minimum licensing standards governing minimum staffing ratios
and staff qualifications.
(4) The vendor documents that the change in staff numbers
or qualifications cannot be achieved by reallocating current
staff or by reallocating financial resources to provide or
purchase the necessary services.
(5) The county board submits evidence that the need for
additional staff cannot be met by using temporary special needs
rate exceptions under Minnesota Rules, parts 9510.1020 to
9510.1140.
(6) The county board submits a description of the nature
and cost of the proposed changes. Allowable costs are limited
to salaries, related fringe benefits, and payroll taxes.
(7) The county board's recommended payment rates do not
exceed 125 percent of the average payment rates in the regional
development commission district in which the vendor is located.
Subd. 7. [TIME REQUIREMENTS AND APPEALS PROCESS FOR
VARIANCES.] The commissioner shall notify in writing county
boards requesting variances within 60 days of receiving the
variance request from the county board. The notification shall
give reasons for denial of the variance, if it is denied.
Subd. 8. [COMMISSIONER'S NOTICE TO BOARDS, VENDORS.] The
commissioner shall notify the county boards and vendors of:
(1) the average regional payment rates and 125 percent of
the average regional payments rates for each of the regional
development commission districts designated in sections 462.381
to 462.396; and
(2) the projected inflation rate for the year in which the
rates will be effective equal to the most recent projected
change in the urban consumer price index, all items, published
by the United States Department of Labor, for the upcoming
calendar year over the current calendar year.
Subd. 9. [APPROVAL OR DENIAL OF RATES.] The commissioner
shall approve the county board's recommended payment rates when
the rates and verification justifying the projected service
units comply with subdivisions 2 to 10. The commissioner shall
notify the county board in writing of the approved payment rates
within 60 days of receipt of the rate recommendations. If the
rates are not approved, or if rates different from those
originally recommended are approved, the commissioner shall
within 60 days of receiving the rate recommendation notify the
county board in writing of the reasons for denying or
substituting a different rate for the recommended rates.
Approved payment rates remain effective until the commissioner
approves different rates in accordance with subdivisions 2 and 3.
Subd. 10. [VENDOR'S REPORT; AUDIT.] The vendor shall
report to the commissioner and the county board on forms
prescribed by the commissioner at times specified by the
commissioner. The reports shall include programmatic and fiscal
information. Fiscal information shall be provided in accordance
with an annual audit that complies with the requirements of
Minnesota Rules, parts 9550.0010 to 9550.0092. The audit must
be done in accordance with generally accepted auditing standards
to result in statements that include a balance sheet, income
statement, changes in financial position, and the certified
public accountant's opinion.
Subd. 11. [IMPROPER TRANSACTIONS.] Transactions that have
the effect of circumventing subdivisions 1 to 10 must not be
considered by the commissioner for the purpose of payment rate
approval under the principle that the substance of the
transaction prevails over the form.
Subd. 12. [RATES ESTABLISHED AFTER 1988.] Payment rates
established by a county board on or after January 1, 1989, must
be determined under permanent rules adopted by the
commissioner. No county shall pay a rate that is less than the
minimum rate determined by the commissioner.
In developing procedures for setting minimum payment rates
and procedures for establishing payment rates, the commissioner
shall consider the following factors:
(1) a vendor's payment rate and historical cost in the
previous year;
(2) current economic trends and conditions;
(3) costs that a vendor must incur to operate efficiently,
effectively and economically and still provide training and
habilitation services that comply with quality standards
required by state and federal regulations;
(4) increased liability insurance costs;
(5) costs incurred for the development and continuation of
supported employment services;
(6) cost variations in providing services to people with
different needs;
(7) the adequacy of reimbursement rates that are more than
15 percent below the statewide average; and
(8) other appropriate factors.
The commissioner may develop procedures to establish
differing hourly rates that take into account variations in the
number of clients per staff hour, to assess the need for day
training and habilitation services, and to control the
utilization of services.
In developing procedures for setting transportation rates,
the commissioner may consider allowing the county board to set
those rates or may consider developing a uniform standard.
Medical assistance rates for home and community-based
services provided under section 256B.501 by licensed vendors of
day training and habilitation services must not be greater than
the rates for the same services established by counties under
sections 8 to 15.
Sec. 15. [252.47] [RULES.]
To implement sections 8 to 15, the commissioner shall adopt
permanent rules under sections 14.01 to 14.38. The commissioner
shall establish an advisory task force to advise and make
recommendations to the commissioner during the rulemaking
process. The advisory task force must include legislators,
vendors, residential service providers, counties, consumers,
department personnel, and others as determined by the
commissioner.
Sec. 16. Minnesota Statutes 1986, section 256B.02,
subdivision 8, is amended to read:
Subd. 8. [MEDICAL ASSISTANCE; MEDICAL CARE.] "Medical
assistance" or "medical care" means payment of part or all of
the cost of the following care and services for eligible
individuals whose income and resources are insufficient to meet
all of this cost:
(1) Inpatient hospital services. A second medical opinion
is required prior to reimbursement for elective surgeries. The
commissioner shall publish in the State Register a proposed list
of elective surgeries that require a second medical opinion
prior to reimbursement. The list is not subject to the
requirements of sections 14.01 to 14.70. The commissioner's
decision whether a second medical opinion is required, made in
accordance with rules governing that decision, is not subject to
administrative appeal;
(2) Skilled nursing home services and services of
intermediate care facilities, including training and
habilitation services, as defined in section 256B.50,
subdivision 1 252.41, subdivision 3, for persons with mental
retardation or related conditions who are residing in
intermediate care facilities for persons with mental retardation
or related conditions. Medical assistance must not be used to
pay the costs of nursing care provided to a patient in a swing
bed as defined in section 144.562;
(3) Physicians' services;
(4) Outpatient hospital or nonprofit community health
clinic services or physician-directed clinic services. The
physician-directed clinic staff shall include at least two
physicians, one of whom is on the premises whenever the clinic
is open, and all services shall be provided under the direct
supervision of the physician who is on the premises. Hospital
outpatient departments are subject to the same limitations and
reimbursements as other enrolled vendors for all services,
except initial triage, emergency services, and services not
provided or immediately available in clinics, physicians'
offices, or by other enrolled providers. "Emergency services"
means those medical services required for the immediate
diagnosis and treatment of medical conditions that, if not
immediately diagnosed and treated, could lead to serious
physical or mental disability or death or are necessary to
alleviate severe pain. Neither the hospital, its employees, nor
any physician or dentist, shall be liable in any action arising
out of a determination not to render emergency services or care
if reasonable care is exercised in determining the condition of
the person, or in determining the appropriateness of the
facilities, or the qualifications and availability of personnel
to render these services consistent with this section;
(5) Community mental health center services, as defined in
rules adopted by the commissioner pursuant to section 256B.04,
subdivision 2, and provided by a community mental health center
as defined in section 245.62, subdivision 2;
(6) Home health care services;
(7) Private duty nursing services;
(8) Physical therapy and related services;
(9) Dental services, excluding cast metal restorations;
(10) Laboratory and X-ray services;
(11) The following if prescribed by a licensed practitioner:
drugs, eyeglasses, dentures, and prosthetic devices. The
commissioner shall designate a formulary committee which shall
advise the commissioner on the names of drugs for which payment
shall be made, recommend a system for reimbursing providers on a
set fee or charge basis rather than the present system, and
develop methods encouraging use of generic drugs when they are
less expensive and equally effective as trademark drugs. The
commissioner shall appoint the formulary committee members no
later than 30 days following July 1, 1981. The formulary
committee shall consist of nine members, four of whom shall be
physicians who are not employed by the department of human
services, and a majority of whose practice is for persons paying
privately or through health insurance, three of whom shall be
pharmacists who are not employed by the department of human
services, and a majority of whose practice is for persons paying
privately or through health insurance, a consumer
representative, and a nursing home representative. Committee
members shall serve two-year terms and shall serve without
compensation. The commissioner may establish a drug formulary.
Its establishment and publication shall not be subject to the
requirements of the administrative procedure act, but the
formulary committee shall review and comment on the formulary
contents. Prior authorization may be required by the
commissioner, with the consent of the drug formulary committee,
before certain formulary drugs are eligible for payment. The
formulary shall not include: drugs or products for which there
is no federal funding; over-the-counter drugs, except for
antacids, acetaminophen, family planning products, aspirin,
insulin, prenatal vitamins, and vitamins for children under the
age of seven; or any other over-the-counter drug identified by
the commissioner, in consultation with the appropriate
professional consultants under contract with or employed by the
state agency, as necessary, appropriate and cost effective for
the treatment of certain specified chronic diseases, conditions
or disorders, and this determination shall not be subject to the
requirements of chapter 14, the administrative procedure act;
nutritional products, except for those products needed for
treatment of phenylketonuria, hyperlysinemia, maple syrup urine
disease, a combined allergy to human milk, cow milk, and soy
formula, or any other childhood or adult diseases, conditions,
or disorders identified by the commissioner as requiring a
similarly necessary nutritional product; anorectics; and drugs
for which medical value has not been established. Separate
payment shall not be made for nutritional products for residents
of long-term care facilities; payment for dietary requirements
is a component of the per diem rate paid to these facilities.
Payment to drug vendors shall not be modified before the
formulary is established except that the commissioner shall not
permit payment for any drugs which may not by law be included in
the formulary, and the commissioner's determination shall not be
subject to chapter 14, the administrative procedure act. The
commissioner shall publish conditions for prohibiting payment
for specific drugs after considering the formulary committee's
recommendations.
The basis for determining the amount of payment shall be
the actual acquisition costs of the drugs plus a fixed
dispensing fee established by the commissioner. Actual
acquisition cost includes quantity and other special discounts
except time and cash discounts. Establishment of this fee shall
not be subject to the requirements of the administrative
procedure act. Whenever a generically equivalent product is
available, payment shall be on the basis of the actual
acquisition cost of the generic drug, unless the prescriber
specifically indicates "dispense as written" on the prescription
as required by section 151.21, subdivision 2.
Notwithstanding the above provisions, implementation of any
change in the fixed dispensing fee which has not been subject to
the administrative procedure act shall be limited to not more
than 180 days, unless, during that time, the commissioner shall
have initiated rulemaking through the administrative procedure
act;
(12) Diagnostic, screening, and preventive services;
(13) Health care prepayment plan premiums and insurance
premiums if paid directly to a vendor and supplementary medical
insurance benefits under Title XVIII of the Social Security Act;
(14) Abortion services, but only if one of the following
conditions is met:
(a) The abortion is a medical necessity. "Medical
necessity" means (1) the signed written statement of two
physicians indicating the abortion is medically necessary to
prevent the death of the mother, and (2) the patient has given
her consent to the abortion in writing unless the patient is
physically or legally incapable of providing informed consent to
the procedure, in which case consent will be given as otherwise
provided by law;
(b) The pregnancy is the result of criminal sexual conduct
as defined in section 609.342, clauses (c), (d), (e)(i), and
(f), and the incident is reported within 48 hours after the
incident occurs to a valid law enforcement agency for
investigation, unless the victim is physically unable to report
the criminal sexual conduct, in which case the report shall be
made within 48 hours after the victim becomes physically able to
report the criminal sexual conduct; or
(c) The pregnancy is the result of incest, but only if the
incident and relative are reported to a valid law enforcement
agency for investigation prior to the abortion;
(15) Transportation costs incurred solely for obtaining
emergency medical care or transportation costs incurred by
nonambulatory persons in obtaining emergency or nonemergency
medical care when paid directly to an ambulance company, common
carrier, or other recognized providers of transportation
services. For the purpose of this clause, a person who is
incapable of transport by taxicab or bus shall be considered to
be nonambulatory;
(16) To the extent authorized by rule of the state agency,
costs of bus or taxicab transportation incurred by any
ambulatory eligible person for obtaining nonemergency medical
care;
(17) Personal care attendant services provided by an
individual, not a relative, who is qualified to provide the
services, where the services are prescribed by a physician in
accordance with a plan of treatment and are supervised by a
registered nurse. Payments to personal care attendants shall be
adjusted annually to reflect changes in the cost of living or of
providing services by the average annual adjustment granted to
vendors such as nursing homes and home health agencies; and
(18) Any other medical or remedial care licensed and
recognized under state law unless otherwise prohibited by law,
except licensed chemical dependency treatment programs or
primary treatment or extended care treatment units in hospitals
that are covered under Laws 1986, chapter 394, sections 8 to
20. The commissioner shall include chemical dependency services
in the state medical assistance plan for federal reporting
purposes, but payment must be made under Laws 1986, chapter 394,
sections 8 to 20.
Sec. 17. Minnesota Statutes 1986, section 256B.501,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the following terms have the meaning given them.
(a) "Commissioner" means the commissioner of human services.
(b) "Facility" means a facility licensed as a mental
retardation residential facility under section 252.28, licensed
as a supervised living facility under chapter 144, and certified
as an intermediate care facility for persons with mental
retardation or related conditions.
(c) "Waivered service" means home or community-based
service authorized under United States Code, title 42, section
1396n(c), as amended through December 31, 1982, and defined in
the Minnesota state plan for the provision of medical assistance
services. Waivered services include, at a minimum, case
management, family training and support, developmental training
homes, supervised living arrangements, semi-independent living
services, respite care, and training and habilitation services.
(d) "Training and habilitation services" are those health
and social services needed to ensure optimal functioning of
persons with mental retardation or related conditions. Training
and habilitation services shall be provided to a client away
from the residence unless medically contraindicated by an
organization which does not have a direct or indirect financial
interest in the organization which provides the person's
residential services. This requirement shall not apply to any
developmental achievement center which has applied for licensure
prior to April 15, 1983.
Sec. 18. Minnesota Statutes 1986, section 256B.501,
subdivision 2, is amended to read:
Subd. 2. [AUTHORITY.] The commissioner shall establish
procedures and rules for determining rates for care of residents
of intermediate care facilities for persons with mental
retardation or related conditions which qualify as vendors
providers of medical assistance, and waivered services, and for
provision of training and habilitation services. Approved rates
shall be established on the basis of methods and standards that
the commissioner finds adequate to provide for the costs that
must be incurred for the quality care of residents in
efficiently and economically operated facilities and services.
The procedures shall specify the costs that are allowable for
payment through medical assistance. The commissioner may use
experts from outside the department in the establishment of the
procedures.
Sec. 19. Minnesota Statutes 1986, section 256B.501,
subdivision 8, is amended to read:
Subd. 8. [PAYMENT FOR PERSONS WITH SPECIAL NEEDS.] The
commissioner shall establish by December 31, 1983, procedures to
be followed by the counties to seek authorization from the
commissioner for medical assistance reimbursement for waivered
services or training and habilitation services for very
dependent persons with special needs in an amount in excess of
the rates allowed pursuant to subdivisions 2, and 4, 5, and 6,
including rates established under section 252.46 when they apply
to services provided to residents of intermediate care
facilities for persons with mental retardation or related
conditions, and procedures to be followed for rate limitation
exemptions for intermediate care facilities for persons with
mental retardation or related conditions. No excess payment or
limitation exemption shall be authorized unless the need for the
service is documented in the individual service plan of the
person or persons to be served, the type and duration of the
services needed are stated, and there is a basis for estimated
cost of the services.
The commissioner shall evaluate the services provided
pursuant to this subdivision through program and fiscal audits.
Sec. 20. Minnesota Statutes 1986, section 256E.09,
subdivision 3, is amended to read:
Subd. 3. [PLAN CONTENT.] The biennial community social
services plan published by the county shall include:
(a) A statement of the goals of community social service
programs in the county;
(b) Methods used pursuant to subdivision 2 to encourage
participation of citizens and providers in the development of
the plan and the allocation of money;
(c) Methods used to identify persons in need of service and
the social problems to be addressed by the community social
service programs, including efforts the county proposes to make
in providing for early intervention, prevention and education
aimed at minimizing or eliminating the need for services for
groups of persons identified in section 256E.03, subdivision 2;
(d) A statement describing how the county will fulfill its
responsibilities identified in section 256E.08, subdivision 1 to
the groups of persons described in section 256E.03, subdivision
2, and a description of each community social service proposed
and identification of the agency or person proposed to provide
the service. The plan shall specify how the county proposes to
make the following services available for persons identified by
the county as in need of services: daytime developmental
achievement services for children, day training and habilitation
services for adults, subacute detoxification services,
residential services and nonresidential social support services
as appropriate for the groups identified in section 256E.03,
subdivision 2;
(e) The amount of money proposed to be allocated to each
service;
(f) An inventory of public and private resources including
associations of volunteers which are available to the county for
social services;
(g) Evidence that serious consideration was given to the
purchase of services from private and public agencies; and
(h) Methods whereby community social service programs will
be monitored and evaluated by the county.
Sec. 21. [TASK FORCE.]
Subdivision 1. [TASK FORCE CREATED.] The director of the
state planning agency shall form and chair a task force to
review and make recommendations by February 1, 1988, regarding
the appropriate roles of development achievement centers and
sheltered workshops in providing supported work opportunities to
people with disabilities.
Subd. 2. [MEMBERSHIP.] The task force must include the
chairs of the health and human services committees of the
Minnesota senate and house of representatives, or their
designees, sheltered workshops, developmental achievement
centers, county government, the departments of human services
and jobs and training, the special education unit of the
department of education, the state planning agency, advocacy
organizations and the Minnesota supported employment project
advisory committee. The state planning agency shall consult
with the associations representing sheltered workshops and
developmental achievement centers and attempt to select service
provider members representing all programmatic and philosophical
perspectives.
Subd. 3. [EXTENDED EMPLOYMENT PROGRAMS.] For purposes of
this section, "extended employment programs" means programs
providing paid work and service hours as a step in the
rehabilitation process for those who cannot readily be absorbed
in the competitive labor market, or during such time as
employment opportunities for them in the competitive labor
market do not exist. Extended employment programs include the
following:
(1) long-term employment programs as defined at Minnesota
Rules, part 3300.2050, subpart 16;
(2) work activity programs as defined at Minnesota Rules,
part 3300.2050, subpart 33;
(3) work component programs as defined at Minnesota Rules,
part 3300.2050, subpart 34;
(4) community-based employment programs as defined at
Minnesota Rules, part 3300.2050, subpart 3.
Subd. 4. [SCOPE OF THE TASK FORCE.] The task force shall
review and make recommendations to the legislature and affected
state departments on the following:
(1) the role and function of developmental achievement
centers, sheltered workshops, and other services providing
employment to people who are severely disabled;
(2) mechanisms for identifying and placing clients in
appropriate services;
(3) current and recommended funding methods for
developmental achievement centers and extended employment
programs and the relationship between funding and placement of
clients;
(4) current regulations and program standards including
accountability requirements and outcome measures.
Recommendations for common standards for all similar programs
shall be included;
(5) improved ways of providing employment services to all
disabled persons regardless of the severity of their
disabilities, including persons not currently receiving services
through existing programs; and
(6) the need and scope of demonstration projects to
determine how existing funding can be consolidated or unified to
expand community-based/supported employment opportunities for
persons with severe disabilities and whether specific rule
waiver authority is required to accomplish this purpose.
Subd. 5. [COSTS.] The costs of the task force, if any,
shall be shared equally by the state planning agency, the
department of human services, and the department of jobs and
training.
Subd. 6. [COOPERATION OF STATE DEPARTMENTS.] The
commissioners shall cooperate with the task force and provide
information and support as requested.
Sec. 22. [REPEALER.]
(a) Minnesota Statutes 1986, sections 256B.501,
subdivisions 5, 6, 7, and 9; and 256E.06, subdivision 2a, are
repealed.
(b) Minnesota Rules, parts 9525.1210, subparts 11 and 12;
9525.1230, subpart 2; 9525.1260; 9525.1270; 9525.1280; and
9525.1310, are repealed.
Sec. 23. [EFFECTIVE DATE.]
Except as otherwise provided in section 14, sections 1 to
21 are effective the day following final enactment. The rates
established under section 14, subdivision 11, are effective
January 1, 1989. Except as specifically repealed by this act,
the provisions of Minnesota Rules, parts 9525.1200 to 9525.1330
remain in effect until amended or repealed by the commissioner.
Approved June 12, 1987
Official Publication of the State of Minnesota
Revisor of Statutes