Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 148-H.F.No. 1524 
           An act relating to human services; setting forth 
          appeal procedure for recipients of case management 
          services; amending Minnesota Statutes 1986, sections 
          256.045, subdivisions 1, 3, 4, 5, 6, 7, and 10, and by 
          adding a subdivision; repealing Minnesota Statutes 
          1986, section 256.045, subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 256.045, 
subdivision 1, is amended to read: 
    Subdivision 1.  [POWERS OF THE STATE AGENCY.] The 
commissioner of human services may appoint one or more state 
welfare human services referees to conduct hearings and 
recommend orders in accordance with subdivision 3 subdivisions 
3, 4a, and 5.  The commissioner may appoint one or more local 
welfare referees to conduct hearings and issue rulings pursuant 
to subdivision 2, in counties requesting local welfare hearings. 
Welfare Human services referees designated pursuant to this 
section may administer oaths and shall be under the control and 
supervision of the commissioner of human services and shall not 
be a part of the office of administrative hearings established 
pursuant to sections 14.48 to 14.56. 
    Sec. 2.  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, 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 pursuant to 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, 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.  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. 
    Sec. 3.  Minnesota Statutes 1986, section 256.045, 
subdivision 4, is amended to read:  
    Subd. 4.  [CONDUCT OF HEARINGS.] All hearings held pursuant 
to subdivision 2 or 3 3 or 4a shall be conducted according to 
the provisions of the federal Social Security Act and the 
regulations implemented in accordance with that act to enable 
this state to qualify for federal grants-in-aid, and according 
to the rules and written policies of the commissioner of human 
services.  The hearing shall not be held earlier than five days 
after filing of the required notice with the local or state 
agency.  The local welfare referee or state welfare human 
services referee shall notify all interested persons of the 
time, date and location of the hearing at least five days before 
the date of the hearing.  Interested persons may be represented 
by legal counsel or other representative of their choice at the 
hearing and may appear personally, testify and offer evidence, 
and examine and cross-examine witnesses.  The applicant, 
recipient, or former recipient shall have the opportunity to 
examine the contents of the case file and all documents and 
records to be used by the local agency at the hearing at a 
reasonable time before the date of the hearing and during the 
hearing.  All evidence, except that privileged by law, commonly 
accepted by reasonable people in the conduct of their affairs as 
having probative value with respect to the issues shall be 
submitted at the hearing and such hearing shall not be "a 
contested case" within the meaning of section 14.02, subdivision 
3. 
     Sec. 4.  Minnesota Statutes 1986, section 256.045, is 
amended by adding a subdivision to read: 
    Subd. 4a.  [CASE MANAGEMENT APPEALS.] Any recipient of case 
management services pursuant to section 256B.092, subdivisions 1 
to 1b who contests the local agency's action or failure to act 
in the provision of those services, other than a failure to act 
with reasonable promptness or a suspension, reduction, denial, 
or termination of services, must submit a written request for 
review to the local agency.  The local agency shall inform the 
commissioner of the receipt of a request for review when it is 
submitted and shall schedule a conciliation conference.  The 
local agency shall notify the recipient, the commissioner, and 
all interested persons of the time, date, and location of the 
conciliation conference.  The commissioner shall designate a 
representative to be present at the conciliation conference to 
assist in the resolution of the dispute without the need for a 
hearing.  Within 30 days, the local agency shall conduct the 
conciliation conference and inform the recipient in writing of 
the action the local agency is going to take and when that 
action will be taken and notify the recipient of the right to a 
hearing under this subdivision.  The conciliation conference 
shall be conducted in a manner consistent with the procedures 
for reconsideration of an individual service plan or an 
individual habilitation plan pursuant to Minnesota Rules, parts 
9525.0075, subpart 5 and 9525.0105, subpart 6.  If the county 
fails to conduct the conciliation conference and issue its 
report within 30 days, or, at any time up to 90 days after the 
conciliation conference is held, a recipient may submit to the 
commissioner a written request for a hearing before a state 
human services referee to determine whether case management 
services have been provided in accordance with applicable laws 
and rules or whether the local agency has assured that the 
services identified in the recipient's individual service plan 
have been delivered in accordance with the laws and rules 
governing the provision of those services.  The state human 
services referee shall recommend an order to the commissioner, 
who shall, in accordance with the procedure in subdivision 5, 
issue a final order within 60 days of the receipt of the request 
for a hearing, unless the commissioner refuses to accept the 
recommended order, in which event a final order shall issue 
within 90 days of the receipt of that request.  The order may 
direct the local agency to take those actions necessary to 
comply with applicable laws or rules. 
    Sec. 5.  Minnesota Statutes 1986, section 256.045, 
subdivision 5, is amended to read:  
    Subd. 5.  [ORDERS OF THE COMMISSIONER OF HUMAN SERVICES.] 
The commissioner of human services may accept the recommended 
order of a state welfare human services referee and issue the 
order to the local agency and the applicant, recipient, or 
former recipient.  The commissioner on refusing to accept the 
recommended order of the state welfare human services referee, 
shall notify the local agency and the applicant, recipient, or 
former recipient of that fact and shall state reasons therefor 
and shall allow each party ten days' time to submit additional 
written argument on the matter.  After the expiration of the ten 
day period, the commissioner shall issue an order on the matter 
to the local agency and the applicant, recipient, or former 
recipient.  Any order of the commissioner issued in accordance 
with this subdivision shall be conclusive upon the parties 
unless appeal is taken in the manner provided by subdivision 7. 
    Sec. 6.  Minnesota Statutes 1986, section 256.045, 
subdivision 6, is amended to read:  
    Subd. 6.  [ADDITIONAL POWERS OF THE COMMISSIONER; 
SUBPOENAS.] The commissioner of human services may initiate a 
review of any action or decision of a local agency and direct 
that the matter be presented to a state welfare human services 
referee for a hearing held pursuant to subdivision 3 or 4a.  In 
all matters dealing with public welfare human services committed 
by law to the discretion of the local agency, the commissioner's 
judgment may be substituted for that of the local agency.  The 
commissioner may order an independent examination when 
appropriate.  Any party to a hearing held pursuant to 
subdivision 2 or 3 or 4a may request that the commissioner issue 
a subpoena to compel the attendance of witnesses at the hearing. 
    Sec. 7.  Minnesota Statutes 1986, section 256.045, 
subdivision 7, is amended to read:  
    Subd. 7.  [JUDICIAL REVIEW.] Any party who is aggrieved by 
an order of the commissioner of human services 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 commissioner 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 pursuant to 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 state welfare human 
services referee, by serving a written demand upon the 
commissioner within 30 days after service of the notice of 
appeal. 
    Sec. 8.  Minnesota Statutes 1986, section 256.045, 
subdivision 10, is amended to read:  
    Subd. 10.  [PAYMENTS PENDING APPEAL.] If the commissioner 
of human services, local welfare referee, or district court 
orders monthly assistance or aid or services paid or provided in 
any proceeding under this section, it shall be paid or provided 
pending appeal to the commissioner of human services, district 
court, court of appeals, or supreme court. 
    Sec. 9.  [REPEALER.] 
    Minnesota Statutes 1986, section 256.045, subdivision 2, is 
repealed. 
    Sec. 10.  [EFFECTIVE DATE.] 
    Sections 1 to 9 are effective 30 days after final enactment.
    Approved May 14, 1987