Office of the Revisor of Statutes
Minnesota Session Laws - 1991, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1991
CHAPTER 292-H.F.No. 719
An act relating to the organization and operation of
state government; appropriating money for human
services, jobs and training, corrections, health,
human rights, housing finance, and other purposes with
certain conditions; amending Minnesota Statutes 1990,
sections 3.922, subdivisions 3 and 8; 3.9223,
subdivision 1; 3.9225, subdivision 1; 3.9226,
subdivision 1; 3.98, subdivision 1; 3.982; 13.46,
subdivision 2; 15.46; 103I.235; 116C.04, by adding a
subdivision; 136A.121, subdivision 2; 136A.162;
144.335, subdivision 1; 144.871, subdivisions 2 and 7;
144.873, subdivision 1; 144.874, subdivisions 1, 2, 3,
and by adding subdivisions; 144A.071, subdivision 3,
and by adding a subdivision; 144A.10, subdivision 4;
144A.31; 144A.46, subdivisions 1 and 4; 144A.49;
144A.51, subdivision 5; 144A.53, subdivision 1;
145.924; 145.925, by adding a subdivision; 148B.01,
subdivision 7; 148B.03; 148B.04, subdivisions 3 and 4;
148B.05, subdivision 1; 148B.06, subdivisions 1 and 3;
148B.07; 148B.08; 148B.12; 148B.13; 148B.17; 148B.18,
subdivision 10; 148B.23, subdivision 1; 148B.33,
subdivision 1; 148B.38, subdivision 3; 157.031,
subdivisions 2, 3, 4, and 9; 171.29, subdivision 2;
176.104, subdivision 1; 198.007; 214.04, subdivision
3; 237.70, subdivision 7; 241.022; 244.16; 245.461,
subdivision 3, and by adding a subdivision; 245.462,
subdivisions 6 and 18; 245.465; 245.4711, by adding a
subdivision; 245.472, subdivision 2, and by adding a
subdivision; 245.473, by adding subdivisions; 245.484;
245.487, subdivision 4, and by adding a subdivision;
245.4871, subdivisions 27, 31, and by adding a
subdivision; 245.4873, subdivision 6; 245.4874;
245.4881, subdivision 1; 245.4882, by adding
subdivisions; 245.4884, subdivision 1; 245.4885,
subdivisions 1, 2, and by adding a subdivision;
245.697, subdivision 1; 246.18, subdivision 4, and by
adding a subdivision; 246.23; 246.64, subdivision 3;
251.011, subdivisions 3 and 4a; 252.24, by adding a
subdivision; 252.27, subdivisions 1a and 2a; 252.275;
252.28, subdivisions 1, 3, and by adding a
subdivision; 252.32; 252.46, subdivisions 3, 6, 14,
and by adding a subdivision; 252.478, subdivisions 1
and 3; 252.50, subdivision 2; 253.015, subdivision 2;
253C.01, subdivisions 1 and 2; 254A.17, subdivision 3;
254B.04, subdivision 1; 254B.05, by adding a
subdivision; 256.01, subdivisions 2, 11, and by adding
a subdivision; 256.025, subdivisions 1, 2, 3, and 4;
256.031; 256.032; 256.033; 256.034; 256.035; 256.036,
subdivisions 1, 2, 4, and 5; 256.045, subdivision 10;
256.482, subdivision 1; 256.736, subdivision 3a;
256.82, subdivision 1; 256.871, subdivision 6;
256.935, subdivision 1; 256.936, by adding a
subdivision; 256.9365, subdivisions 1 and 3; 256.9685,
subdivision 1; 256.9686, subdivisions 1 and 6;
256.969, subdivisions 1, 2, 2c, 3a, and 6a; 256.9695,
subdivision 1; 256.98, by adding a subdivision;
256.983; 256B.031, subdivision 4, and by adding a
subdivision; 256B.04, subdivision 16; 256B.055,
subdivisions 10 and 12; 256B.057, subdivisions 1, 2,
3, 4, and by adding a subdivision; 256B.0575;
256B.0625, subdivisions 2, 4, 7, 13, 17, 19, 20, 24,
25, 28, 30, and by adding subdivisions; 256B.0627;
256B.064, subdivision 2; 256B.0641, by adding a
subdivision; 256B.08, by adding a subdivision;
256B.092; 256B.093; 256B.19, subdivision 1, and by
adding subdivisions; 256B.431, subdivisions 2l, 3e,
3f, and by adding subdivisions; 256B.48, subdivision
1; 256B.49, by adding a subdivision; 256B.491, by
adding a subdivision; 256B.50, subdivision 1d;
256B.501, subdivisions 8, 11, and by adding a
subdivision; 256B.64; 256C.24, subdivision 2; 256C.25;
256D.03, subdivisions 2, 2a, 3, and 4; 256D.05,
subdivisions 1, 2, 6, and by adding a subdivision;
256D.051, subdivisions 1, 1a, 2, 3, 3a, 6, and 8;
256D.052, subdivisions 3 and 4; 256D.06, subdivision
1b; 256D.07; 256D.10; 256D.101, subdivisions 1 and 3;
256D.111; 256D.36, subdivision 1; 256D.44, by adding a
subdivision; 256F.01; 256F.02; 256F.03, subdivision 5;
256F.04; 256F.05; 256F.06; 256F.07, subdivisions 1, 2,
and 3; 256H.02; 256H.03; 256H.05; 256H.08; 256H.15,
subdivisions 1, 2, and by adding a subdivision;
256H.18; 256H.20, subdivision 3a; 256H.21, subdivision
10; 256H.22, subdivision 2, and by adding a
subdivision; 256I.04, by adding a subdivision;
256I.05, subdivision 2, and by adding subdivisions;
257.071, subdivision 1a; 257.352, subdivision 2;
257.57, subdivision 2; 260.165, by adding a
subdivision; 261.035; 268.022, subdivision 2; 268.39;
268.914; 268.975, subdivision 3, and by adding a
subdivision; 268.977; 268.98; 268A.03; 268A.06, by
adding a subdivision; 270A.04, subdivision 2; 270A.08,
subdivision 2; 273.1398, subdivision 1; 299A.21,
subdivision 6; 299A.23, subdivision 2; 299A.27;
393.07, subdivisions 10 and 10a; 401.13; 462A.02,
subdivision 13; 462A.03, subdivisions 10, 13, 16, and
by adding a subdivision; 462A.05, subdivisions 14, 20,
and by adding subdivisions; 462A.08, subdivision 2;
462A.21, subdivisions 4k, 12a, 14, and by adding a
subdivision; 462A.22, subdivision 9; 462A.222,
subdivision 3; 471.705, subdivision 1; 474A.048,
subdivision 2; 518.551, subdivision 5, and by adding
subdivisions; 518.64; 609.52, by adding a subdivision;
631.425, subdivisions 3 and 7; 638.04; 638.05; 638.06;
643.29, subdivision 1; Laws 1987, chapter 404, section
28, subdivision 1; Laws 1988, chapter 689, article 2,
section 256, subdivision 1; Laws 1989, chapters 290,
article 1, section 3, subdivision 2; and 335, article
1, section 27, subdivision 1, as amended; proposing
coding for new law in Minnesota Statutes, chapters
144; 148B; 214; 241; 245; 252; 256; 256B; 256D; 256H;
257; 462A; proposing coding for new law as Minnesota
Statutes, chapter 144B; repealing Minnesota Statutes
1990, sections 144A.31, subdivisions 2 and 3; 148B.01,
subdivisions 2, 5, and 6; 148B.02; 148B.16; 148B.171;
148B.40; 148B.41; 148B.42; 148B.43; 148B.44; 148B.45;
148B.46; 148B.47; 148B.48; 157.031, subdivision 5;
245.476, subdivisions 1, 2, and 3; 246.18,
subdivisions 3 and 3a; 252.275, subdivision 2;
256.032, subdivisions 5 and 9; 256.035, subdivisions 6
and 7; 256.036, subdivision 10; 256B.0625,
subdivisions 6 and 19; 256B.0627, subdivision 3;
256B.091; 256B.431, subdivision 6; 256B.71,
subdivision 5; 256D.051, subdivisions 1b, 3c, and 16;
256D.09, subdivision 4; 256D.101, subdivision 2;
256H.25; 256H.26; 268A.05, subdivision 2; 462A.05,
subdivisions 28 and 29; and Laws 1990, chapter 568,
article 6, section 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATIONS
Section 1. [HUMAN RESOURCES; 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 "1992" and "1993" where
used in this act, mean that the appropriation or appropriations
listed under them are available for the year ending June 30,
1992, or June 30, 1993, respectively.
SUMMARY BY FUND
1992 1993 TOTAL
General $1,786,990,000 $1,894,841,000 $3,681,831,000
State Government
Special Revenue 6,314,000 6,462,000 12,776,000
Metropolitan
Landfill 168,000 168,000 336,000
Trunk Highway 1,487,000 1,486,000 2,973,000
Total 1,794,959,000 1,902,957,000 3,697,916,000
APPROPRIATIONS
Available for the Year
Ending June 30
1992 1993
Sec. 2. COMMISSIONER OF HUMAN
SERVICES
Subdivision 1. Appropriation by
Fund
General Fund 1,496,147,000 1,596,183,000
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 1991-1993
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.
For the biennium ending June 30, 1993,
federal receipts as shown in the
biennial budget document to be used for
financing activities, programs, and
projects under the supervision and
jurisdiction of the commissioner must
be credited to and become a part of the
appropriations provided for in this
section.
If federal money anticipated is less
than that shown in the biennial budget
document, 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 78th legislature in
addition to an estimate of similar
federal money anticipated for the
biennium ending June 30, 1995.
The commissioner of human services,
with the approval of the commissioner
of finance and by direction of the
governor after consulting with the
legislative advisory commission, may
transfer unencumbered appropriation
balances among the aid to families with
dependent children, AFDC child care,
general assistance, general assistance
medical care, medical assistance,
Minnesota supplemental aid, and work
readiness programs, and the entitlement
portion of the chemical dependency
consolidated treatment fund, and
between fiscal years of the biennium.
Effective the day following final
enactment, the commissioner may
transfer unencumbered appropriation
balances for fiscal year 1991 among the
aid to families with dependent
children, general assistance, general
assistance medical care, medical
assistance, Minnesota supplemental aid,
and work readiness programs with the
approval of the commissioner of finance
after notification of the chairs of the
health and human services divisions of
the senate finance committee and the
house appropriations committee.
For the biennium ending June 30, 1993,
information system project
appropriations for development and
federal receipts for the alien
verification entitlement system must be
deposited in the special systems
account authorized in Minnesota
Statutes, section 256.014. Money
appropriated for computer projects
approved by the Information Policy
Office, funded by the legislature, and
approved by the commissioner of finance
may be transferred from one project to
another and from development to
operations as the commissioner
considers necessary. Any unexpended
balance in the appropriation for these
projects does not cancel in the first
year but is available for the second
year of the biennium.
Subd. 2. Human Services
Administration
12,194,000 11,665,000
Subd. 3. Legal and
Intergovernmental Programs
4,351,000 4,340,000
Subd. 4. Economic Support and
Transition Services for Families
and Individuals
255,051,000 253,960,000
During the biennium ending June 30,
1993, the commissioner of human
services shall provide supplementary
grants not to exceed $200,000 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; and replacement
of essential household furnishings and
essential major appliances.
For the biennium ending June 30, 1993,
any federal money remaining from
receipt of state legalization impact
assistance grants, after reimbursing
the department of education for actual
expenditures, must be deposited in the
aid to families with dependent children
account.
The money appropriated from federal
child care funds received by the
department of human services and
allocated to the Minnesota early
childhood care and education council
for the biennium ending June 30, 1993,
for general operation of the council is
to enable the council to provide
coordination, training outreach, and
technical assistance to child care
providers.
The commissioner shall set the monthly
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.
Money appropriated for fiscal year 1991
for general assistance may be used to
reimburse fiscal year 1990 and fiscal
year 1991 county refugee cash
assistance expenditures that were not
reimbursed by the federal government,
to the extent that unreimbursed refugee
cash assistance payments do not exceed
$140,000.
Chisago and Isanti counties shall be
added to the list of counties in which
the commissioner shall require
establishment and operation of fraud
prevention investigation programs.
By January 1, 1993, the commissioner
shall report to the legislature on the
fraud prevention investigation
projects. The report shall include a
comparison of the effectiveness of the
fraud prevention investigation projects
with other proposals to reduce fraud in
public income assistance programs,
including client reporting requirements.
Money appropriated for the AFDC child
care program and the basic sliding fee
program for the first year does not
cancel but is available for the second
year. Money carried forward does not
become part of the base level funding
for these programs for purposes of the
1993-1995 biennial budget.
For the biennium ending June 30, 1993,
federal food stamp employment and
training funds received for the work
readiness program are appropriated to
the commissioner to reimburse counties
for work readiness service expenditures.
For the biennium ending June 30, 1993,
federal job opportunity and basic
skills (JOBS) funds received for direct
employment services provided to
refugees and immigrants is appropriated
to the commissioner to provide
bicultural employment service case
managers to STRIDE-eligible refugees
and immigrants. The commissioner of
human services shall review
expenditures of bilingual case
management funds at the end of the
third quarter of the second year of the
biennium and may reallocate
unencumbered funds to those counties
that can demonstrate a need for
additional funds. Funds shall be
reallocated according to the same
formula used initially to allocate
funds to counties.
By October 1, 1991, the commissioner
shall submit to the secretary of health
and human services an amendment to the
state JOBS plan to secure federal
reimbursement for child care for AFDC
caretakers who are not eligible for
STRIDE, but who are engaged in
education or training or job search.
The state plan amendment shall provide
that the activities required of a
non-STRIDE caretaker and the
administrative services provided are
the minimum necessary to secure federal
reimbursement for child care
assistance. Upon federal approval of
the amendment, the commissioner shall
submit to the legislature a proposal to
transfer money from the basic sliding
fee child care program to fund the
state share of child care services
under the state plan amendment.
Any balance remaining in the first year
for the Minnesota family investment
plan appropriation does not cancel but
is available for the second year of the
biennium.
Any balance remaining in the first year
for the fraud prevention initiative
appropriation does not cancel but is
available for the second year of the
biennium.
Any balance remaining in the first year
for the job opportunities and basic
skills (JOBS) automated system
appropriation does not cancel but is
available for the second year of the
biennium.
For the biennium ending June 30, 1993,
the commissioner of jobs and training
shall certify as STRIDE employment and
training service providers under
Minnesota Statutes, section 268.871,
the providers who provided services
under the AFDC self-employment
demonstration project. The
commissioner of human services shall
seek federal authority to renew or
extend the waivers that are necessary
to continue the demonstration project.
For the child support enforcement
activity, during the biennium ending
June 30, 1993, 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 for
the purposes of the child support
enforcement activity.
A county, or the commissioner of human
services with the consent of affected
counties, may contract with the
commissioner of revenue to collect
child support obligations. The county
and the commissioner of human services
may furnish the data necessary for the
collections to the commissioner of
revenue. The commissioner of revenue
is subject to the same laws governing
the data that apply to the commissioner
of human services and the county. The
county or the commissioner of human
services may provide an advance payment
to the commissioner of revenue for
collection services, to be repaid out
of subsequent collections.
For the biennium ending June 30, 1993,
federal money received for the
operating costs of the statewide MAXIS
automated eligibility information
system is appropriated to the
commissioner to pay for the development
and operation of the MAXIS system and
the counties' share of the operating
costs.
Notwithstanding Minnesota Statutes,
section 237.701, subdivision 1, the
reimbursement of telephone assistance
plan administrative expenses incurred
shall not exceed $422,000 in the first
year of the biennium.
Subd. 5. Economic Support and
Services to Elderly
24,776,000 30,082,000
The increased funding to the area
agencies on aging shall be distributed
by the agencies to nutrition programs
serving counties where congregate and
home delivered meals were locally
financed prior to participation in the
nutrition program of the Older
Americans Act. Supplemental funds for
affected areas may be awarded in
amounts up to the level of prior county
financial participation less any local
match as required by the Older
Americans Act.
The Minnesota board on aging shall
appoint an advisory task force
consisting of Indian elders and
representatives from the area agencies
on aging, counties, and other
interested parties to make
recommendations on how Indian elder
access to services can be improved.
Compensation, terms, and removal of
members shall be as provided in
Minnesota Statutes, section 15.059.
The Minnesota board on aging shall
report its recommendations to the
legislature by February 1, 1992.
For the biennium ending June 30, 1993,
any money allocated to the alternative
care grants program that is not spent
for the purposes indicated does not
cancel but shall be transferred to the
medical assistance account.
Subd. 6. Services to Special
Needs Adults
121,283,000 124,166,000
Money is appropriated from the mental
health special project account for
adults with mental illness from across
the state, for a camping program which
utilizes the BWCA and is cooperatively
sponsored by client advocacy, mental
health treatment, and outdoor
recreation agencies.
Money is appropriated from the mental
health special projects fund for grants
to two nonprofit charitable mental
health self-help groups. One grant
shall be used to provide support
services to people with major
depression. The other grant shall
provide employability support services
to people with mental illness delivered
by people who have or have had a mental
illness.
All of the fees paid to the
commissioner for interpreter referral
services for people with hearing
impairments shall be used for direct
client referral activities. None of
the fees shall be used to pay for state
agency administrative and support costs.
For the biennium ending June 30, 1993,
if a facility's residents continue to
be served in the same location, the
commissioner of human services may
continue the operating cost payment
rate, including any program operating
cost adjustments and special operating
costs, of an intermediate care facility
for persons with mental retardation
under receivership pursuant to
Minnesota Statutes, section 245A.12 or
245A.13, beyond the receivership period
in order that this portion of the
payment rate remain in effect for one
full calendar year plus the following
nine months. The allowable property-
related costs of the previous operator
before the receivership shall be the
basis for establishing the property-
related payment rate for rate periods
following the end of the receivership
period.
During the biennium ending June 30,
1993, the commissioner may transfer
money from rule 12 residential program
grants to rule 14 housing support
program grants. Funds shall be
transferred only if agreement is
reached between the participating
county and rule 12 provider
volunteering to convert to rule 14
services. The commissioner shall
consider past utilization of the
residential program in determining
which counties to include in the
transferred housing support funding.
Any unspent money appropriated in the
first year for the nonentitlement
portion of the consolidated chemical
dependency treatment fund shall be
carried forward to the second year of
the biennium for that purpose.
Money appropriated in fiscal year 1992
for the Dakota county mental health
pilot planning grant is available until
spent.
By January 31, 1992, the commissioner
of human services shall present to the
legislature a report, prepared in
cooperation with the commissioner of
health, containing recommendations on
the standards and procedures to be used
in the licensing or credentialing of
chemical dependency professionals. In
preparing this report, the
commissioners shall consult with an
advisory group that includes a
representative of each of the boards
established under Minnesota Statutes,
chapter 148B and at least six
individuals representing chemical
dependency professionals and service
providers.
Of the funds appropriated above the
base level for family preservation
grants for the biennium ending June 30,
1993, 45 percent must be provided to
counties for purposes of providing
bonus incentives for early intervention
services under Minnesota Statutes,
section 256F.05, subdivision 4a.
The amount of money from the
consolidated chemical dependency
treatment fund that, on April 1, 1991,
the department of human services
projected would be received by the
regional treatment center chemical
dependency units each year of the
biennium is transferred from the
consolidated chemical dependency
treatment fund to the appropriation for
the regional treatment centers to fund
the chemical dependency units. * (The
preceding paragraph beginning "The
amount" was vetoed by the governor.)
The regional treatment centers are not
required to repay any advances received
in fiscal years 1990 and 1991 from the
consolidated chemical dependency
treatment fund in accordance with the
provisions of Minnesota Statutes,
section 246.18, subdivision 3, for
chemical dependency services delivered
under Minnesota Statutes, sections
254B.01 to 254B.09.
The commissioner of human services,
after consultation with professional
treatment experts, service providers,
and the families of victims, shall
develop recommendations on special
residential and other treatment
programs for persons suffering from
Prader-Willi syndrome. A report with
the recommendations shall be provided
to the legislature by January 15, 1992.
Notwithstanding Minnesota Statutes,
section 256I.04 or any other law to the
contrary, the commissioner shall allow
up to eight additional general
assistance or Minnesota supplemental
aid negotiated rate facility beds for
adult foster homes licensed under
Minnesota Rules, parts 9555.5105 to
9555.6265, provided the beds serve
persons with developmental disabilities
and are located in Todd county.
Agreements for new beds are subject to
the approval of the commissioner.
Subd. 7. Services to Special
Needs Children
15,167,000 17,075,000
The department of human services shall
develop recommended standards for
counties to use when conducting child
protection investigations of child care
providers. The standards, while
maintaining the safety of children as a
first priority, shall also ensure that
child care providers under
investigation are accorded adequate due
process protections. The agency shall
develop the recommendations through a
process of public hearings and report
back to the legislature by January 1992.
Money appropriated for child care
incentive grants in the first year does
not cancel but is available for the
second year of the biennium.
Money is appropriated each year to
provide a grant to the New Chance
demonstration project that provides
comprehensive services to young AFDC
recipients who became pregnant as
teenagers and dropped out of high
school. The commissioner of human
services shall provide an annual report
on the progress of the demonstration
project, including specific data on
participant outcomes in comparison to a
control group that received no
services. The commissioner shall also
include recommendations on whether
strategies or methods that have proven
successful in the demonstration project
should be incorporated into the STRIDE
employment program for AFDC recipients.
Subd. 8. State-Operated
Residential Care For Special
Needs Populations
240,717,000 236,416,000
During the biennium ending June 30,
1993, the commissioner may determine
the need for conversion of a
state-operated home- and
community-based service program to an
intermediate care facility for persons
with mental retardation if the
conversion will produce a net savings
to the state general fund and the
persons receiving home- and
community-based services choose to
receive services in an intermediate
care facility for persons with mental
retardation. After the commissioner
has determined the need to convert the
program, the commissioner of health
shall certify the program as an
intermediate care facility for persons
with mental retardation if the program
meets applicable certification
standards. Notwithstanding the
provisions of Minnesota Statutes,
section 246.18, receipts collected for
state-operated community-based services
are appropriated to the commissioner
and are dedicated to the operation of
state-operated community-based services
which are converted in this section or
which were authorized in Laws 1988,
chapter 689, article 1, section 2,
subdivision 5. Any balance remaining
in this account at the end of the
fiscal year does not cancel and is
available for the second year of the
biennium. The commissioner may, upon
approval of the governor after
consultation with the legislative
advisory commission, transfer funds
from the Minnesota supplemental aid
program to the medical assistance
program to fund services converted
under this section.
Receipts received for the
state-operated community services
program are appropriated to the
commissioner for that purpose.
During the biennium ending June 30,
1993, the commissioner of human
services shall establish an on-site
child care facility at the
Ah-Gwah-Ching state nursing home.
State employees must receive priority
for child care services at the
Ah-Gwah-Ching site. The commissioner
shall contract with a nonprofit child
care provider by August 1, 1991, that
can demonstrate knowledge of the child
care needs at the site and that has a
commitment to maximizing the salaries
and benefits of its direct child care
workers. The commissioner shall
provide support to the center,
including renovation expenses to meet
and maintain all relevant building
codes and ongoing building expenses
including rent, maintenance, and
utilities. The commissioner shall
consult with the commissioner of
administration regarding the
establishment and operation of the
on-site program. The child care
contractor chosen by the commissioner
shall become accredited by the National
Academy of Early Childhood Programs
within one year of beginning
operation. The commissioner shall
report to the chairs of the human
resources division of the house
appropriations committee and the senate
finance committee on the status of the
Ah-Gwah-Ching child care center by
September 1, 1991.
During the biennium ending June 30,
1993, regional treatment center and
state-operated nursing home employees,
except temporary or emergency
employees, affected by changes in the
department of human services delivery
system must receive, along with other
options, priority consideration in
order to transfer to vacant or newly
created positions at the Minneapolis
and Hastings veterans homes and at
facilities operated by the commissioner
of corrections. The veterans homes
board, in cooperation with the
commissioners of human services and
corrections, shall develop procedures
to facilitate these transfers.
Transfer of facilities at Faribault RTC:
The legislature recognizes that the
orderly transfer of some buildings at
the Faribault regional treatment center
from the department of human services
to the department of corrections is
necessary in order to develop a shared
campus and to abide by legislated
policies concerning the future of the
regional treatment center. If the
transfer of the infirmary, the skilled
nursing facility, the Osage, Willow, or
Birch buildings, or any other building
on the campus of the Faribault regional
treatment center requires the transfer
of developmentally disabled residents
to community residential facilities,
the commissioner of human services
shall accomplish this transfer
according to the following schedule:
(1) the commissioner of human services
shall maintain the 35 skilled nursing
facility beds for developmentally
disabled residents and an infirmary at
the Faribault regional treatment
center;
(2) the transfer of the hospital
building at the Faribault regional
treatment center to the department of
corrections may take place only after
alternative, state-operated, skilled
nursing facility and infirmary space
has been developed for residents on the
campus of the Faribault regional
treatment center;
(3) the transfer of the Osage facility
to the department of corrections may
not occur before December 31, 1992.
Residents affected by the transfer of
the Osage building shall not be
transferred to another regional
treatment center or state nursing home
but must either be housed at the
Faribault regional treatment center or
placed in appropriate community-based
facilities. At least 60 percent of the
community-based facility beds to which
affected regional center residents are
transferred must be state-operated
community services (SOCS) beds;
(4) the transfer of the Willow and
Birch facilities to the department of
corrections must not occur before June
30, 1993. Residents affected by the
transfer of the Willow or Birch
facilities shall not be transferred to
another regional treatment center or
state nursing home but must either be
housed at the Faribault regional
treatment center or placed in
appropriate community-based
facilities. At least 60 percent of the
community-based facility beds to which
affected regional treatment center
residents are transferred must be
state-operated community services
(SOCS) beds.
Notwithstanding Minnesota Statutes,
section 144A.071, the commissioner of
health shall license and certify
nursing home beds to be operated by the
commissioner of human services in new
or existing buildings if the following
conditions are met: (1) the number of
licensed and certified beds shall not
exceed the number of beds that were
operated by the commissioner of human
services at the Oak Terrace nursing
home; and (2) the beds will be located
as follows: 105 at Brainerd in
addition to the existing 28 beds at
Brainerd; 70 beds at Cambridge; 85 beds
at Fergus Falls; and up to 62
additional beds as needed at these or
other regional treatment centers.
Any portion of the appropriation to
remodel, set up, and operate state
nursing home beds at the Fergus Falls
and Cambridge regional treatment
centers and state nursing home beds and
security hospital beds at the Brainerd
regional treatment center that is not
spent in fiscal year 1992 does not
cancel and shall be available for
fiscal year 1993.
For the biennium ending June 30, 1993,
savings realized from holding vacancies
open at the regional treatment centers
may only be used to pay negotiated
salary increases for regional treatment
center employees. The commissioner
shall hold positions vacant in the
general professional, supervisory, and
managerial units at the regional
treatment centers for the purpose of
funding negotiated salary increases.
Positions in other units shall not be
held vacant for this purpose.
The appropriation for fiscal 1992 to
improve property at regional treatment
centers and state nursing homes to
prepare the property for lease does not
cancel but is available for fiscal
1993. For the biennium ending June 30,
1993, money collected as rent under
Minnesota Statutes, section 16B.24,
subdivision 5, for state property at
any of the regional treatment centers
or state nursing homes administered by
the commissioner of human services is
dedicated to the facility generating
the rental income and is appropriated
for the express purpose of maintaining
the property. Any balance remaining at
the end of the fiscal year shall not
and is available until expended. * (The
preceding paragraph beginning "The
appropriation" was vetoed by the
governor.)
If the resident population at the
regional treatment centers is projected
to be higher than the estimates upon
which the medical assistance forecast
and budget recommendations were based,
the amount of the medical assistance
appropriation that is attributable to
the cost of services that would have
been provided as an alternative to
regional treatment center services is
transferred to the residential
facilities appropriation.
For purposes of restructuring the
chemical dependency and developmental
disabilities programs at the regional
treatment centers during the biennium
ending June 30, 1993, any regional
treatment center employee whose
position is to be eliminated shall be
afforded the options provided in
applicable collective bargaining
agreements. Provided there is no
conflict with any collective bargaining
agreement, any regional treatment
center position reduction must only be
accomplished through mitigation,
attrition, transfer, and other measures
as provided in state or applicable
collective bargaining agreements and
Minnesota Statutes, section 252.50,
subdivision 11, and not through layoff.
However, if the commissioner proceeds
with construction of 10 additional
state-operated community residences for
persons with developmental disabilities
and 84 additional state nursing home
beds during the biennium ending June
30, 1993, and begins siting and
constructing 24 additional
state-operated community residential
facilities for persons with
developmental disabilities, then the
commissioner may use a mitigated layoff
procedure to reduce unnecessary staff
at the regional treatment centers, as
negotiated with respective collective
bargaining agents. Affected employees
must be offered alternative employment,
severance pay, retraining, transfers,
and other options that do not conflict
with collective bargaining agreements.
All of the 24 additional state-operated
community facilities shall be sited
within a reasonable distance of a
regional treatment center. Community
facilities shall be allocated to these
sites based on the proportionate number
of developmentally disabled clients
that have been discharged from the area
regional treatment center in the period
1980 to 1990.
The commissioner shall consolidate both
program and support functions at each
of the regional centers and state
nursing homes to ensure efficient and
effective space utilization that is
consistent with applicable licensing
and certification standards. The
commissioner may transfer residents and
positions between 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 according to
Minnesota Statutes, section 16B.24.
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.
Subd. 9. Health Care for
Families and Individuals
822,608,000 918,479,000
For the biennium ending June 30, 1993,
medical assistance and general
assistance medical care payments for
mental health services provided by
masters-prepared mental health
practitioners and practitioners
licensed at the masters level, except
services provided by community mental
health centers, shall be 65 percent of
the rate paid to doctoral-prepared
practitioners.
Notwithstanding Minnesota Statutes,
section 252.46, subdivision 3, the
commissioner shall increase
reimbursement rates for day training
and habilitation services by two
percent, effective January 1, 1992.
Notwithstanding Minnesota Statutes,
section 252.46, subdivision 12, payment
rates established by a county board to
be paid to a vendor for day training
and habilitation services after July 1,
1993, must be determined under
permanent rule adopted by the
commissioner.
By October 1, 1991, the drug formulary
committee shall review legend and
nonlegend drug classes and advise the
commissioner of formulary changes and
prior authorization requirements
necessary to provide a $1,300,000
savings in medical assistance and
general assistance medical care drug
expenditures for the biennium ending
June 30, 1993.
The drug formulary committee shall
review the department of human services
drug utilization review program and
drug utilization review programs that
are available from other vendors to
determine which program best ensures
the appropriate use of pharmaceutical
products for quality medical care for
persons in the medical assistance,
GAMC, and children's health plan
programs. The committee shall report
its findings to the commissioner by
December 31, 1991.
Rates paid for anesthesiology services
provided by physicians and certified
registered nurse anesthetists (CRNAs)
shall be according to the formula
utilized in the Medicare program. For
physicians, a conversion factor "at
percentile of calendar year set by
legislature" shall be used. For CRNAs,
the conversion factor shall be that
used by Medicare.
Implementation of the reduced rate for
therapy services provided by a physical
or occupational therapy assistant, to
65 percent of the rate paid for
services provided by a physical or
occupational therapist, will be
implemented in conjunction with the
department's complete therapy code
conversion project, or January 1, 1992,
whichever occurs first.
For the biennium ending June 30, 1993,
all receipts for services provided by
community health clinics operated by
the department of human services in
accordance with Minnesota Statutes,
sections 256B.04, subdivision 2, and
256B.0625, subdivision 4, and as
enrolled medical assistance providers
under Minnesota Rules, part 9505.0255,
shall be dedicated to the commissioner
of human services for operation and
expansion of the clinics. Any balances
remaining in the clinic accounts at the
end of the first year do not cancel but
are available until spent.
Notwithstanding Minnesota Statutes,
section 13.03, subdivision 5, the rate
setting computer program except the
edits and screens for nursing home
payment rates is not trade secret
information and is public data not on
individuals. If a person requests this
data, the commissioner of human
services shall require the requesting
person to pay no more than the actual
costs of searching for and retrieving
the data, including the cost of
employee time, and for making,
certifying, compiling, and
electronically transmitting the copies
of the data or the data, but may not
charge for separating public data from
not public data.
Notwithstanding Minnesota Statutes,
section 256B.0641, and Minnesota Rules,
part 9505.0465, the commissioner of
human services shall not be required to
recover nonallowable federal medical
assistance payments made between
October 1, 1986, and December 31, 1988,
from nursing facilities declared on
January 1, 1989, as institutions for
mental diseases.
Notwithstanding Minnesota Statutes,
section 256B.431 or any other
provision, the commissioner of human
services shall postpone the seventh
year catch-up reappraisals until the
ninth year after the initial appraisal
of all nursing homes.
Up to $260,000 of the appropriation for
administration of the medical
assistance provider surcharge program
may be used in fiscal year 1991 to
implement computer system changes
necessary to begin operation on July 1,
1991.
The nonfederal share of the costs of
case management services provided to
persons with mental retardation or
related conditions relocated from
nursing homes as required by federal
law and receiving home and
community-based services funded through
the waiver granted under section
1915(c)(7)(B) of the Social Security
Act shall be provided from
state-appropriated medical assistance
grant funds for the biennium ending
June 30, 1993. The division of cost is
subject to Minnesota Statutes, section
256B.19, and the services are included
as covered programs and services under
Minnesota Statutes, section 256.025,
subdivision 2.
For the biennium ending June 30, 1993,
the money transferred from the special
project account created in Minnesota
Statutes, section 256.01, subdivision
2, paragraph (15), to the attorney
general is for costs incurred in the
resolution of long-term care appeals.
Money is appropriated the first year
for a regional demonstration project
under Minnesota Statutes, section
256B.73, to provide health coverage to
uninsured persons. The commissioner
shall contract with the coalition
formed for the nine counties named in
Minnesota Statutes, section 256B.73,
subdivision 2. * (The preceding
paragraph beginning "Money" was vetoed
by the governor.)
The commissioner shall postpone the
implementation of the new client based
reimbursement system for the program
operating cost payment rates as
provided in Minnesota Statutes, section
256B.501, subdivision 3g, until October
1, 1993. Each facility's
interdisciplinary team shall continue
to assess each new admission to the
facility. The quality assurance and
review teams in the department of
health shall continue to assess all
residents annually. The quality
assurance and review teams and the
interdisciplinary team shall assess all
residents using a uniform assessment
instrument developed by the
commissioner and the ICF-MR
reimbursement and quality assurance and
review manual. Beginning with the
reporting year which ends December 31,
1991, the commissioner shall annually
collect client statistical data based
on assessments performed by the quality
assurance and review teams and by the
interdisciplinary team on annual cost
reports submitted by the facility and
may use this data in the calculation of
program operating cost payment rates
after October 1, 1993.
Recoveries obtained by the provider
appeals unit shall be dedicated to the
medical assistance account during the
biennium ending June 30, 1993.
The commissioner shall study the need
for enhanced reimbursement for the
special Huntington's disease unit at
Metro Health Care and shall make
recommendations to the legislature by
January 1, 1992.
Sec. 3. OMBUDSMAN FOR MENTAL
HEALTH AND MENTAL RETARDATION 1,033,000 1,031,000
Sec. 4. VETERANS NURSING
HOMES BOARD 24,363,000 26,330,000
The amounts that may be spent from this
appropriation for each program are more
specifically described in the following
subdivisions.
Subdivision 1. Veterans Nursing Homes
23,811,000 25,929,000
Any unencumbered balances in the first
year do not cancel but are available
for the second year of the biennium
within the programs overseen by the
veterans homes board of directors.
Notwithstanding Laws 1989, chapter 282,
article 1, section 12, for the biennium
ending June 30, 1991, the veterans
homes and the veterans nursing homes
board, with the approval of the
commissioner of finance, may transfer
money to the object of expenditure
"personal services" in order to pay
workers' compensation costs.
The systemwide reductions shall be
prorated against the appropriations for
the veterans nursing homes board and
the facilities operated by the board.
For the biennium ending June 30, 1993,
the veterans homes board of directors
may transfer unencumbered appropriation
balances and positions from Luverne and
Silver Bay nursing homes among all
programs.
For the biennium ending June 30, 1993,
the board may set costs of care at the
Silver Bay and Luverne facilities based
on costs of average skilled nursing
care provided to residents of the
Minneapolis veterans home.
Until June 30, 1993, the commissioner
of health shall not apply the
provisions of Minnesota Statutes,
section 144.55, subdivision 6,
paragraph (b), to the Minnesota
veterans home at Hastings.
The department of health shall not
reduce the licensed bed capacity for
the Minneapolis veterans home for the
biennium ending June 30, 1993, in lieu
of presentation to the legislature of
building needs and options by the
veterans nursing homes board.
Any funds encumbered for use in
repairing building 6 are available for
unrestricted use in the fiscal year
1991 operations for the Minneapolis
veterans home.
Subd. 2. Veterans Nursing
Homes Board
552,000 401,000
The veterans nursing homes board and
the department of veterans affairs
shall review current alternatives to
long-term care for veterans and report
to the legislature by February 15,
1992, with their review and proposals
to enhance the availability and use of
these options by veterans. This study
must be done with existing resources.
For the biennium ending June 30, 1991,
the veterans nursing homes board, with
the approval of the commissioner of
finance, may transfer seven positions
and unencumbered appropriation balances
between the veterans nursing homes and
the veterans nursing homes board.
Sec. 5. COMMISSIONER OF JOBS
AND TRAINING 36,170,000 35,307,000
The amounts that may be spent from this
appropriation for each program are more
specifically described in the following
subdivisions.
Subdivision 1. Rehabilitation Services
18,923,000 18,923,000
For the biennium ending June 30, 1993,
at least 35 percent in the first year
and 38 percent in the second year of
the vocational rehabilitation activity
budget must be directed toward grants,
which are budgeted as aid to
individuals and local assistance
categories of expense.
The amount of the appropriation for
vocational rehabilitation services that
is designated for mental illness
demonstration grants may be used for
innovative programs to serve persons
with serious and persistent mental
illness, but only if this use of the
money will satisfy federal maintenance
of effort requirements. If this use
will not satisfy the maintenance of
effort requirements, the money must be
added to the base appropriation for
vocational rehabilitation services.
The commissioner of jobs and training
shall develop a plan for staffing
adjustments and organizational
restructuring in the vocational
rehabilitation activity. The goal of
the plan must be to lower
administrative costs and redirect
resources to direct services to
clients. The commissioner shall
present the plan to the legislature by
February 15, 1992.
Money is appropriated to be directed
toward developing a plan for
rehabilitation services programs
provided by the state departments of
jobs and training and human services.
The plan shall be directed toward the
goals of supporting the delivery of
services to citizens with disabilities
through a single point of entry at the
community level, allowing greater
consumer control, and ensuring greater
coordination of services among the
public and private agencies currently
involved in providing services. The
development of this plan shall be done
in cooperation with centers for
independent living. * (The preceding
paragraph beginning "Money" was vetoed
by the governor.)
The money appropriated for a
rehabilitation special project grant is
transferred to the commissioner of
labor and industry along with the
workers' compensation program of the
rehabilitation services division of the
department of jobs and training, as
provided in article 10. * (The
preceding paragraph beginning "The
money" was vetoed by the governor.)
Subd. 2. Services for the Blind
3,636,000 3,626,000
This appropriation may be supplemented
by funds provided by the Friends of the
Communication Center, for support of
Services for the Blind's Communication
Center which serves all blind and
visually handicapped Minnesotans. The
commissioner shall report to the
legislature on a biennial basis the
funds provided by the Friends of the
Communication Center.
Subd. 3. Economic Opportunity Office
8,539,000 8,537,000
For the biennium ending June 30, 1993,
the commissioner 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 spend all of the
transferred money during the year of
the transfer or the year following the
transfer. Up to 3.75 percent of the
transferred money may be used by the
commissioner for administrative
purposes.
For the biennium ending June 30, 1993,
the commissioner shall transfer 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 spend all of the
transferred money during the year of
the transfer or the year following the
transfer. Up to 1.63 percent of the
transferred money may be used by the
commissioner for administrative
purposes.
For the biennium ending June 30, 1993,
no more than 1.63 percent of money
remaining under the low-income home
energy assistance program after
transfers to the community services
block grant program and the
weatherization program may be used by
the commissioner for administrative
purposes.
For the biennium ending June 30, 1993,
discretionary money from the community
services block grant program (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 supplemental
funding is required. Any remaining
money must be allocated to
state-designated and state-recognized
community action agencies, Indian
reservations, and the Minnesota migrant
council.
The state appropriation for the
temporary emergency food assistance
program may be used to meet the federal
match requirements.
Subd. 4. Employment and Training
5,072,000 4,221,000
Of the money appropriated for the
summer youth employment programs for
fiscal year 1992, $750,000 is
immediately available. Any remaining
balance of the immediately available
money is available for the year in
which it is appropriated. If the
appropriation for either year of the
biennium is insufficient, money may be
transferred from the appropriation for
the other year.
Notwithstanding Minnesota Statutes,
section 268.022, subdivision 2, the
commissioner of finance shall transfer
in each year of the biennium ending
June 30, 1993, from the dislocated
worker fund to the general fund $5
million of the money collected through
the special assessment established in
Minnesota Statutes, section 268.022,
subdivision 1.
MEED service providers may retain 75
percent of outstanding payback funds
they collect to be used for the cost of
collection and for program closeout
activities without regard to existing
cost category requirements. MEED
service providers may continue to
operate the program until all
activities are closed out, financial
reports are finalized, and participants
are terminated.
For the biennium ending June 30, 1993,
the commissioner shall hold harmless
the allocations to any program
receiving funding for the displaced
homemaker program that would be reduced
due to any change in funding formula.
In the event of increased
appropriations, increases may be used
in accordance with a needs-based
formula.
Sec. 6. COMMISSIONER OF
CORRECTIONS 162,057,000 168,978,000
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.
Any unencumbered balances remaining
from fiscal year 1992 do not cancel but
are available for the second year of
the biennium.
For the biennium ending June 30, 1993,
the commissioner of corrections may,
with the approval of the commissioner
of finance and upon notification of the
chairs of the human resources division
of the house appropriations committee
and the human development division of
the senate finance committee, transfer
funds to or from salaries.
For the biennium ending June 30, 1993,
and notwithstanding Minnesota Statutes,
section 243.51, the commissioner of
corrections may enter into agreements
with the appropriate 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.
The commissioner of corrections may
transfer to the commissioner of human
services unencumbered funds from fiscal
year 1991 to accomplish the conversion
of the Faribault regional treatment
center to a shared campus with the
department of corrections for a medium
security correctional facility. The
commissioner of corrections may use any
additional unencumbered funds from
fiscal year 1991 to renovate buildings
at Faribault for the correctional
facility. These funds do not cancel
but are available to the commissioners
of corrections and human services for
both years of the biennium.
Subdivision 1. Correctional
Institutions
111,632,000 118,292,000
Subd. 2. Community Services
40,043,000 40,329,000
The commissioner of finance shall
adjust the base for the county
probation reimbursement program,
described in Minnesota Statutes,
section 260.311, subdivision 5, to a
level that allows the state to maintain
a 50 percent reimbursement level to
counties for the biennium beginning
July 1, 1993.
During the biennium ending June 30,
1993, whenever offenders are assigned
for the purpose of work under agreement
with a state department or agency,
local unit of government, or other
government subdivision, the state
department or agency, local unit of
government, or other government
subdivision must certify to the
appropriate bargaining agent that the
work performed by inmates will not
result in the displacement of currently
employed workers or workers on seasonal
layoff or layoff from a substantially
equivalent position, including partial
displacement such as reduction in hours
of nonovertime work, wages, or other
employment benefits.
Notwithstanding Minnesota Statutes,
section 609.105 or any other provision
of law to the contrary, a felony
offender sentenced in a community
corrections act county may not be
committed to the custody of the
commissioner of corrections under an
executed sentence of imprisonment if
the time remaining in the offender's
sentence, minus credit for prior
imprisonment, is 60 days or less unless
the offender's sentence was
presumptively executed under the
sentencing guidelines. Notwithstanding
any provision of law to the contrary,
these offenders may be sentenced to
imprisonment in a local jail or
workhouse. This does not apply to
offenders whose sentences were executed
at the time of sentencing and to
offenders whose sentences were executed
after revocation of a stayed felony
sentence.
Subd. 3. Management Services
10,382,000 10,357,000
Sec. 7. SENTENCING GUIDELINES
COMMISSION 248,000 254,000
Sec. 8. CORRECTIONS OMBUDSMAN 419,000 441,000
Sec. 9. COMMISSIONER OF HEALTH
Subdivision 1. Appropriation
by Fund
General Fund 47,610,000 47,337,000
Metropolitan Landfill
Contingency Fund 168,000 168,000
State Government Special
Revenue Fund 455,000 513,000
Trunk Highway Fund 1,487,000 1,486,000
The appropriation from the metropolitan
landfill contingency fund is for
monitoring well water supplies and
conducting health assessments in the
metropolitan area.
The appropriation from the trunk
highway fund is for emergency medical
services activities.
The commissioner of health, with the
approval of the commissioner of
finance, may transfer appropriated
funds between fiscal years and from
supply and expense categories to the
salary account in order to avoid
layoffs.
The amounts that may be spent from this
appropriation for each program and
activity are more specifically
described in the following subdivisions.
Subd. 2. Protective Health
Services
General Fund
16,064,000 16,218,000
Metropolitan Landfill
Contingency Fund
146,000 146,000
Subd. 3. Health Delivery Systems
General Fund
27,544,000 27,068,000
State Government Special
Revenue Fund
455,000 513,000
Trunk Highway Fund
1,401,000 1,400,000
General fund appropriations for the
women, infants and children food
supplement program (WIC) are available
for either year of the biennium.
Transfers of appropriations between
fiscal years must be for the purpose of
maximizing federal funds or minimizing
fluctuations in the number of
participants.
When cost effective, the commissioner
may use money received for the services
for children with handicaps program to
purchase health coverage for eligible
children.
Minnesota Rules, parts 4655.1070 to
4655.1098, as in effect on September 1,
1989, are adopted as an emergency rule
of the department of health. The
commissioner of health shall publish in
the State Register a notice of intent
to adopt Minnesota Rules, parts
4655.1070 to 4655.1098 [Emergency].
The same notice shall be mailed to all
persons registered with the agency to
receive notice of any rulemaking
proceedings. The emergency rule is
exempt from the requirements of
Minnesota Statutes, sections 14.32 to
14.35, and shall take effect five
working days after publication in the
State Register. Those rules shall
govern the process for granting
exceptions to the moratorium on nursing
homes under Minnesota Statutes, section
144A.073, during the biennium.
In the event that Minnesota is required
to comply with the provision in the
federal maternal and child health block
grant law, which requires 30 percent of
the allocation to be spent on primary
services for children, federal funds
allocated to the commissioner of health
under Minnesota Statutes, section
145.882, subdivision 2, may be
transferred to the commissioner of
human services for the purchase of
primary services for children covered
by the children's health plan. The
commissioner of human services shall
transfer an equal amount of the money
appropriated for the children's health
plan to the commissioner of health to
assure access to quality child health
services under Minnesota Statutes,
section 145.88.
General fund appropriations for
treatment services in the services for
children with handicaps program are
available for either year of the
biennium.
During the biennium ending June 30,
1993, and notwithstanding Minnesota
Statutes, section 144A.48, subdivision
2, clause (9), the commissioner of
health may issue a hospice license to a
freestanding residential facility that
was registered and was providing
hospice services as of March 1, 1990,
if that facility is licensed as a board
and lodging facility, provides services
to no more than six residents, meets
group R, division 3 occupancy
requirements and meets the fire
protection provisions of chapter 21 of
the 1985 Life Safety Code, NFPA 101, of
the National Fire Protection
Association, for facilities housing
persons with impractical evacuation
capabilities. Continued licensure as a
hospice must be contingent on the
facility's compliance with the
department of health rules for hospices
and for residential care facilities
upon adoption of those rules.
The commissioner shall fund a statewide
family planning hotline grant and shall
allocate remaining family planning
special project grant funds to eight
regions according to a needs-based
distribution formula.
The funding for family planning special
project grants shall be awarded through
the criteria established in Minnesota
Rules. Notwithstanding any rule to the
contrary, an organization shall not be
excluded or reduced in priority for
funding because the organization does
not make available, directly or through
referral, all methods of contraceptives
for reasons of conscience. The
commissioner of health shall develop
procedures for establishing a
conscience clause in the grant
application process.
For the purpose of conducting a
comprehensive review of nursing home
licensure laws and regulations the
commissioner may assess a licensing fee
surcharge on nursing home beds and
boarding care beds for which an initial
or renewal license is issued during
fiscal year 1992 and fiscal year 1993.
The surcharge shall be $2.12 per bed in
fiscal 1992 and $2.73 per bed in fiscal
1993. The surcharge shall not continue
beyond fiscal 1993.
Subd. 4. Health Support Services
General Fund
4,002,000 4,051,000
Metropolitan Landfill
Contingency Fund
22,000 22,000
Trunk Highway Fund
86,000 86,000
Sec. 10. HEALTH-RELATED BOARDS
Subdivision 1. Total
Appropriation
State Government Special
Revenue Fund 5,859,000 5,949,000
Fees generated by the health-related
licensing boards or the commissioner of
health under Minnesota Statutes,
section 214.06, must be credited to the
health occupations licensing account
within the state government special
revenue fund.
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.
Unless otherwise designated, all
appropriations in this section are from
the state government special revenue
fund.
Subd. 2. Board of Chiropractic
Examiners 283,000 291,000
Subd. 3. Board of Dentistry 586,000 586,000
Subd. 4. Board of Medical
Examiners 1,958,000 1,951,000
For the biennium ending June 30, 1993,
fees set by the board of medical
examiners pursuant to Minnesota
Statutes, section 214.06, must be fixed
by rule. The procedure for
noncontroversial rules in Minnesota
Statutes, sections 14.22 to 14.28 may
be used except that, notwithstanding
the requirements of Minnesota Statutes,
section 14.22, paragraph (3), no public
hearing may be held. The notice of
intention to adopt the rules must state
that no hearing will be held. This
procedure may be used only when the
total fees estimated for the biennium
do not exceed the sum of direct
appropriations, indirect costs,
transfers in, and salary supplements
for that purpose. A public hearing is
required for adjustments of fees spent
under open appropriations of dedicated
receipts.
Subd. 5. Board of Nursing 1,375,000 1,412,000
Subd. 6. Board of Examiners for
Nursing Home Administrators 165,000 193,000
Subd. 7. Board of Optometry 69,000 71,000
Subd. 8. Board of Pharmacy 544,000 599,000
Deficiency: $16,000 is appropriated
for fiscal year 1991 to the board of
pharmacy from the state government
special revenue fund.
Subd. 9. Board of Podiatry 28,000 28,000
Subd. 10. Board of Psychology 237,000 206,000
Deficiency: $30,000 is appropriated
for fiscal year 1991 to the board of
psychology from the state government
special revenue fund.
Subd. 11. Board of Marriage and
Family Therapy 94,000 94,000
Subd. 12. Board of Social Work 410,000 410,000
Subd. 13. Board of Veterinary
Medicine 110,000 108,000
Sec. 11. COUNCIL ON DISABILITY 568,000 583,000
Sec. 12. COUNCIL ON BLACK
MINNESOTANS 195,000 200,000
Sec. 13. COUNCIL ON AFFAIRS
OF SPANISH-SPEAKING PEOPLE 213,000 220,000
During the biennium ending June 30,
1993, council publications may contain
advertising. Funds derived from
advertising are appropriated to the
council for purposes of council
publications.
For the biennium ending June 30, 1993,
the council shall report to the
legislature on the revenues and
expenditures from advertising by
February 15 each year.
Sec. 14. COUNCIL ON ASIAN-
PACIFIC MINNESOTANS 170,000 174,000
Sec. 15. INDIAN AFFAIRS COUNCIL 444,000 455,000
For the biennium ending June 30, 1993,
federal money received for the Indian
affairs council is appropriated to the
council and added to this appropriation.
Sec. 16. COMMISSIONER OF
HUMAN RIGHTS 3,194,000 3,189,000
The department of human rights may not
be charged by the attorney general for
legal representation on behalf of
complaining parties who have filed a
charge of discrimination with the
department. This provision is
effective retroactive to July 1, 1989.
The department does not have an
obligation to pay for any services
rendered by the attorney general since
July 1, 1985, in excess of the amounts
already paid for those services.
Sec. 17. COMMISSIONER OF HOUSING
FINANCE AGENCY
Subdivision 1. Total
Appropriation 14,159,000 14,159,000
Approved Complement - 140
Spending limit on cost of general
administration of agency programs:
1992 1993
8,305,000 8,686,000
This appropriation is for transfer to
the housing development fund for the
programs specified in the working
documents of the conferees.
Money is appropriated from the housing
development fund to be used to provide
housing for chronic chemically
dependent adults under Minnesota
Statutes, section 462A.05, subdivision
20. Money is appropriated from the
housing development fund to be used to
make planning grants to nonprofit
organizations to develop coordinated
training and housing programs for
homeless adults under Minnesota
Statutes, section 462A.05, subdivision
20.
Any state appropriations used to meet
match requirements under Title II of
the National Affordable Housing Act of
1990, Public Law Number 101-625, 104
Stat. 4079, must be repaid, to the
extent required by federal law, to the
HOME Investment Trust Fund established
by the department of housing and urban
development pursuant to Title II of the
National Affordable Housing Act of 1990
for the state of Minnesota or for the
appropriate participating jurisdiction.
State appropriations to the Minnesota
housing finance agency may be granted
by the agency to cities or nonprofit
organizations to the extent necessary
to meet match requirements under Title
II of the National Affordable Housing
Act of 1990, Public Law Number 101-625,
104 Stat. 4079, provided that other
program requirements are met.
Sec. 18. ALLOCATIONS
All appropriations in this article
shall be allocated according to the
working documents of the conferees.
Sec. 19 CARRYOVER LIMITATION
None of the appropriations in this act
which are allowed to be carried forward
from fiscal year 1992 to fiscal year
1993 shall become part of the base
level funding for the 1993-1995
biennial budget.
Sec. 20 UNCODIFIED LANGUAGE
All uncodified language contained in
this article expires on June 30, 1993,
unless a different expiration is
explicit.
Sec. 21. TRANSFERS
Subdivision 1. Approval Required
Transfers may be made by the
commissioners of human services,
corrections, jobs and training, health,
human rights, and housing finance, the
councils listed in sections 11 to 15,
and the veterans nursing homes board to
salary accounts and unencumbered salary
money may be transferred to the next
fiscal year in order to avoid layoffs
with the advance approval of the
commissioner of finance and upon
notification of the chairs of the
health and human services divisions of
the senate finance committee and the
house appropriations committee.
Amounts transferred to fiscal 1993
shall not increase the base funding
level for the 1994-1995 appropriation.
The commissioners and the board shall
not transfer money to or from the
object of expenditure "grants and aid"
without the written approval of the
governor after consulting with the
legislative advisory commission, except
for transfers in the services for the
blind and rehabilitation services
programs, which may be made with the
approval of the commissioner of finance.
Subd. 2. Transfers of Unencumbered
Appropriations
For the biennium ending June 30, 1993,
the commissioners of human services,
human rights, corrections, health, and
jobs and training, the housing finance
agency, the councils listed in sections
11 to 15, and the veterans nursing
homes board, by direction of the
governor after consulting with the
legislative advisory commission, may
transfer unencumbered appropriation
balances and positions among all
programs.
Sec. 22 PROJECT LABOR
For the biennium ending June 30, 1993,
wages for project labor may be paid by
the commissioners of human services and
corrections out of repairs and
betterment funds if the individual is
to be engaged in a construction project
or repair project of a short-term and
nonrecurring nature. Compensation for
project labor shall be based on the
prevailing wage rates, as defined in
Minnesota Statutes, section 177.42,
subdivision 6. Project laborers are
excluded from the provisions of
Minnesota Statutes, sections 43A.22 to
43A.30, and shall not be eligible for
state-paid insurance and benefits.
Sec. 23. PROVISIONS
For the biennium ending June 30, 1993,
money appropriated to the commissioner
of corrections, the commissioner of
human services, and the veterans
nursing homes board 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 written
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 1992 and fiscal year
1993 must be based on the June 1991 and
June 1992 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. 24. SALES, LEASES AND TRANSFERS
The commissioner of human services
shall not sell, lease, or otherwise
transfer the ownership, management, or
operation of a state-operated
community-based group home or other
state operated community facility
authorized and funded by the
legislature.
Sec. 25. EFFECTIVE DATE
Section 24 is effective the day
following final enactment.
ARTICLE 2
HEALTH DEPARTMENT
Section 1. Minnesota Statutes 1990, section 15.46, is
amended to read:
15.46 [PREVENTIVE HEALTH SERVICES FOR STATE EMPLOYEES.]
The commissioner of the department of employee relations
may establish and operate a program of preventive health
services for state employees, and shall provide such staff,
equipment, and facilities as are necessary therefor. The
commissioner shall develop these services in accordance with the
accepted practices of and standards for occupational preventive
health services in the state of Minnesota. Specific services
shall be directed to the work environment and to the health of
the employee in relation to the job. The commissioner shall
cooperate with the department of health as well as other private
and public community agencies providing health, safety,
employment, and welfare services. A county may establish and
operate a program of preventive health and employee recognition
services for county employees and may provide necessary staff,
equipment, and facilities and may expend funds as necessary to
achieve the objectives of the program.
Sec. 2. Minnesota Statutes 1990, section 103I.235, is
amended to read:
103I.235 [SALE OF PROPERTY WHERE WELLS ARE LOCATED.]
Subdivision 1. [DISCLOSURE OF WELLS TO BUYER.] (a) Before
signing an agreement to sell or transfer real property, the
seller must disclose in writing to the buyer information about
the status and location of all known wells on the property, by
delivering to the buyer either a statement by the seller that
the seller does not know of any wells on the property, or a
disclosure statement indicating the legal description and
county, and a map drawn from available information showing the
location of each well to the extent practicable. In the
disclosure statement, the seller must indicate, for each well,
whether the well is in use, not in use, or sealed.
(b) At the time of closing of the sale, the disclosure
statement information and the quartile, section, township, and
range in which each well is located must be provided on a well
disclosure certificate signed by the seller or a person
authorized to act on behalf of the seller. A well certificate
need not be provided If the closing occurs before November 1,
1990, or the seller does not know of any wells on the property
and, a well disclosure certificate is not required; however, the
deed or other instrument of conveyance contains must contain the
statement: "The Seller certifies that the Seller does not know
of any wells on the described real property."
If a deed is given pursuant to a contract for deed, the
well disclosure certificate required by this subdivision shall
be signed by the buyer or a person authorized to act on behalf
of the buyer. If the buyer knows of no wells on the property, a
well disclosure certificate is not required; however, the deed
or other instrument of conveyance must contain the statement:
"The purchaser certifies the purchaser does not know of any
wells on the property."
(c) This subdivision does not apply to the sale, exchange,
or transfer of real property:
(1) that consists solely of a sale or transfer of severed
mineral interests; or
(2) that consists of an individual condominium unit as
described in chapters 515 and 515A.
(d) For an area owned in common under chapter 515 or 515A
the association or other responsible person must report to the
commissioner by January 1, 1992, the location and status of all
wells in the common area. The association or other responsible
person must notify the commissioner within 30 days of any change
in the reported status of wells.
(c) (e) If the seller fails to provide a required well
disclosure certificate, the buyer, or a person authorized to act
on behalf of the buyer, may sign a well disclosure certificate
based on the information provided on the disclosure statement
required by this section or based on other available information.
(d) (f) A county recorder or registrar of titles may not
record a deed or other instrument of conveyance dated after
October 31, 1990, for which a certificate of value is required
under section 272.115, or any deed or other instrument of
conveyance dated after October 31, 1990, from a governmental
body exempt from the payment of state deed tax, unless the deed
or other instrument of conveyance either contains the statement
"The Seller certifies that the Seller does not know of any wells
on the described real property," or is accompanied by the well
disclosure certificate required by this subdivision. The county
recorder or registrar of titles shall note on each deed or other
instrument of conveyance accompanied by a well disclosure
certificate that the well disclosure certificate was received.
The well disclosure certificate shall not be filed or recorded
in the records maintained by the county recorder or registrar of
titles. The county recorder or registrar of titles shall
transmit the well disclosure certificate to the commissioner of
health within 15 days after receiving the well disclosure
certificate. The commissioner shall maintain the well
disclosure certificate for at least six years. The commissioner
may store the certificate as an electronic image. A copy of
that image shall be as valid as the original. The commissioner
shall charge the buyer of the property a fee of $10 for the
processing of the well disclosure certificate.
(e) (g) The commissioner in consultation with county
recorders shall prescribe the form for a well disclosure
certificate and provide well disclosure certificate forms to
county recorders and registrars of titles and other interested
persons.
(f) (h) Failure to comply with a requirement of this
subdivision does not impair:
(1) the validity of a deed or other instrument of
conveyance as between the parties to the deed or instrument or
as to any other person who otherwise would be bound by the deed
or instrument; or
(2) the record, as notice, of any deed or other instrument
of conveyance accepted for filing or recording contrary to the
provisions of this subdivision.
Subd. 2. [LIABILITY FOR FAILURE TO DISCLOSE.] Unless the
buyer and seller agree to the contrary, in writing, before the
closing of the sale, a seller who fails to disclose the
existence or known status of a well at the time of sale and knew
or had reason to know of the existence or known status of the
well, is liable to the buyer for costs relating to sealing of
the well and reasonable attorney fees for collection of costs
from the seller, if the action is commenced within six years
after the date the buyer closed the purchase of the real
property where the well is located.
Sec. 3. Minnesota Statutes 1990, section 144.335,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the following terms have the meanings given them:
(a) "Patient" means a natural person who has received
health care services from a provider for treatment or
examination of a medical, psychiatric, or mental condition, the
surviving spouse and parents of a deceased patient, or a person
the patient designates in writing as a representative. Except
for minors who have received health care services pursuant to
sections 144.341 to 144.347, in the case of a minor, patient
includes a parent or guardian, or a person acting as a parent or
guardian in the absence of a parent or guardian.
(b) "Provider" means (1) any person who furnishes health
care services and is licensed to furnish the services pursuant
to chapter 147, 148, 148B, 150A, 151, or 153; (2) a home care
provider licensed under section 144A.46; and (3) a health care
facility licensed pursuant to this chapter or chapter 144A; and
(4) an unlicensed mental health practitioner regulated pursuant
to sections 148B.60 to 148B.71.
Sec. 4. [144.401] [COMMUNITY PREVENTION GRANTS.]
Subdivision 1. [GRANTS MAY BE AWARDED TO COMMUNITY HEALTH
BOARDS AND INDIAN RESERVATIONS.] Within the limits of funding
provided by the legislature, the federal government, or public
or private grants, the commissioner shall award grants to
community health boards and the federally recognized Indian
reservations to plan, develop, and implement community alcohol
and drug use and abuse prevention programs. To be considered
for a grant, a health board or Indian reservation must submit an
application to the commissioner of health that includes a
description of the planning process used, a description of
community needs and existing resources, a description of the
program activities to be implemented with grant money, and a
list of the agencies and organizations with whom the board or
Indian reservation intends to contract.
Subd. 2. [LOCAL PLANNING REQUIREMENTS.] To be eligible for
a prevention grant, a community health board or Indian
reservation must conduct a communitywide planning process that
allows full participation of all agencies, organizations, and
individuals interested in alcohol and drug use and abuse
issues. This process must include at least an assessment of
community needs, an inventory of existing resources,
identification of prevention program activities that will be
implemented, and a description of how the program will work
collaboratively with programs in existence. A health board may
comply with the planning requirements of this subdivision by
expanding the community needs assessment process used to develop
its community health plan under section 145A.10, subdivision 5.
Subd. 3. [USE OF GRANT MONEY.] Grant money may be used to
plan, develop, and implement communitywide primary prevention
programs relating to alcohol and other drug use and abuse.
Programs may include specific components to address related
health risk behaviors involving use of tobacco, poor nutrition,
limited exercise or physical activity, and behaviors that create
a risk of serious injury. Grantees may contract with other
agencies and organizations to implement the program activities
identified in the grant application. Special consideration for
contracts must be given to local agencies and organizations with
previous successful experience conducting alcohol and other drug
prevention programs. Grant money must not be used for alcohol
and other drug testing, treatment, or law enforcement
activities. Grant money must not be used to supplant or replace
funding provided from other sources.
Subd. 4. [LOCAL MATCH.] Prevention grant money provided by
the commissioner must not exceed 75 percent of the estimated
cost of the eligible prevention program activities for the
fiscal year for which the grant is awarded. Local funding of
the remainder of the costs may be provided from the sources
specified in section 145A.13, subdivision 2, paragraph (a).
Subd. 5. [TRANSFER OF FUNDS.] Federal money provided to
the commissioner of education for community prevention grants
through the federal Drug Free Schools and Communities Act is
transferred to the commissioner of health for prevention grants
under this section.
Sec. 5. [144.661] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] For purposes of sections
144.661 to 144.665, the following terms have the meanings given
them.
Subd. 2. [TRAUMATIC BRAIN INJURY.] "Traumatic brain injury"
means a sudden insult or damage to the brain or its coverings
caused by an external physical force which may produce a
diminished or altered state of consciousness and which results
in the following disabilities:
(1) impairment of cognitive or mental abilities;
(2) impairment of physical functioning; or
(3) disturbance of behavioral or emotional functioning.
These disabilities may be temporary or permanent and may result
in partial or total loss of function. "Traumatic brain injury"
does not include injuries of a degenerative or congenital nature.
Subd. 3. [SPINAL CORD INJURY.] "Spinal cord injury" means
an injury that occurs as a result of trauma which may involve
spinal vertebral fracture and where the injured person suffers
an acute, traumatic lesion of neural elements in the spinal
canal, resulting in any degree of temporary or permanent sensory
deficit, motor deficit, or bladder or bowel dysfunction.
"Spinal cord injury" does not include intervertebral disc
disease.
Sec. 6. [144.662] [TRAUMATIC BRAIN INJURY AND SPINAL CORD
INJURY REGISTRY; PURPOSE.]
The commissioner of health shall establish and maintain a
central registry of persons who sustain traumatic brain injury
or spinal cord injury. The purpose of the registry is to:
(1) collect information to facilitate the development of
injury prevention, treatment, and rehabilitation programs; and
(2) ensure the provision to persons with traumatic brain
injury or spinal cord injury of information regarding
appropriate public or private agencies that provide
rehabilitative services so that injured persons may obtain
needed services to alleviate injuries and avoid secondary
problems, such as mental illness and chemical dependency.
Sec. 7. [144.663] [DUTY TO REPORT.]
Subdivision 1. [ESTABLISHMENT OF REPORTING SYSTEM.] The
commissioner shall design and establish a reporting system which
designates either the treating hospital, medical facility, or
physician to report to the department within a reasonable period
of time after the identification of a person with traumatic
brain injury or spinal cord injury. The consent of the injured
person is not required.
Subd. 2. [INFORMATION.] The report must be submitted on
forms provided by the department and must include the following
information:
(1) the name, age, and residence of the injured person;
(2) the date and cause of the injury;
(3) the initial diagnosis; and
(4) other information required by the commissioner.
Subd. 3. [REPORTING WITHOUT LIABILITY.] The furnishing of
information required by the commissioner shall not subject any
person or facility required to report to any action for damages
or other relief, provided that the person or facility is acting
in good faith.
Sec. 8. [144.664] [DUTIES OF COMMISSIONER.]
Subdivision 1. [STUDIES.] The commissioner shall collect
injury incidence information, analyze the information, and
conduct special studies regarding traumatic brain injury and
spinal cord injury.
Subd. 2. [PROVISION OF DATA.] The commissioner shall
provide summary registry data to public and private entities to
conduct studies using data collected by the registry. The
commissioner may charge a fee under section 13.03, subdivision
3, for all out-of-pocket expenses associated with the provision
of data or data analysis.
Subd. 3. [NOTIFICATION.] Within five days of receiving a
report of traumatic brain injury or spinal cord injury, the
commissioner shall notify the commissioner of jobs and
training. The notification shall include the person's name and
other identifying information.
Subd. 4. [REVIEW COMMITTEE.] The commissioner shall
establish a committee to assist the commissioner in the adoption
of rules under subdivision 5 and in the review of registry
activities. The committee expires as provided in section
15.059, subdivision 5.
Subd. 5. [RULES.] The commissioner shall adopt rules to
administer the registry, collect information, and distribute
data. The rules must include, but are not limited to, the
following:
(1) the specific ICD-9 procedure codes included in the
definitions of "traumatic brain injury" and "spinal cord
injury";
(2) the type of data to be reported;
(3) standards for reporting specific types of data;
(4) the persons and facilities required to report and the
time period in which reports must be submitted;
(5) criteria relating to the use of registry data by public
and private entities engaged in research; and
(6) specification of fees to be charged under section
13.03, subdivision 3, for out-of-pocket expenses.
Sec. 9. [144.665] [TRAUMATIC BRAIN INJURY AND SPINAL CORD
INJURY DATA.]
Data on individuals collected by the commissioner of health
under sections 144.662 to 144.664 or provided to the
commissioner of jobs and training under section 144.664 are
private data on individuals as defined in section 13.02,
subdivision 12, and may be used only for the purposes set forth
in sections 144.662 to 144.664 in accordance with the rules
adopted by the commissioner.
Sec. 10. Minnesota Statutes 1990, section 144A.46,
subdivision 1, is amended to read:
Subdivision 1. [LICENSE REQUIRED.] (a) A home care
provider may not operate in the state without a current license
issued by the commissioner of health.
(b) Within ten days after receiving an application for a
license, the commissioner shall acknowledge receipt of the
application in writing. The acknowledgment must indicate
whether the application appears to be complete or whether
additional information is required before the application will
be considered complete. Within 90 days after receiving a
complete application, the commissioner shall either grant or
deny the license. If an applicant is not granted or denied a
license within 90 days after submitting a complete application,
the license must be deemed granted. An applicant whose license
has been deemed granted must provide written notice to the
commissioner before providing a home care service.
(c) Each application for a home care provider license, or
for a renewal of a license, shall be accompanied by a fee to be
set by the commissioner under section 144.122, except that the
commissioner shall not charge a licensure fee to a home care
provider operated by a statutory or home rule charter city,
county, town, or other governmental entity.
Sec. 11. Minnesota Statutes 1990, section 144A.49, is
amended to read:
144A.49 [TEMPORARY PROCEDURES.]
For purposes of this section, "home care providers" shall
mean the providers described in section 144A.43, subdivision 4,
including hospice programs described in section 144A.48. Home
care providers are exempt from the licensure requirement in
section 144A.46, subdivision 1, until 90 days after the
effective date of the licensure rules. Beginning July 1, 1987,
no home care provider, as defined in section 144A.43,
subdivision 4, except a provider exempt from licensure under
section 144A.46, subdivision 2, may provide home care services
in this state without registering with the commissioner. A home
care provider is registered with the commissioner when the
commissioner has received in writing the provider's name; the
name of its parent corporation or sponsoring organization, if
any; the street address and telephone number of its principal
place of business; the street address and telephone number of
its principal place of business in Minnesota; the counties in
Minnesota in which it may render services; the street address
and telephone number of all other offices in Minnesota; and the
name, educational background, and ten-year employment history of
the person responsible for the management of the agency. A
registration fee must be submitted with the application for
registration, except that the commissioner shall not collect a
registration fee from a home care provider operated by a
statutory or home rule charter city, county, town, or other
governmental entity. The fee must be established pursuant to
section 144.122 and must be based on a consideration of the
following factors: the number of clients served by the home
care provider, the number of employees, the number of services
offered, and annual revenues of the provider. The registration
is effective until 90 days after licensure rules are effective.
In order to maintain its registration and provide services in
Minnesota, a home care provider must comply with section 144A.44
and comply with requests for information under section 144A.47.
A registered home care provider is subject to sections 144A.51
to 144A.54. Registration under this section does not exempt a
home care provider from the licensure and other requirements
later adopted by the commissioner.
Within 90 days after the effective date of the licensure
rules under section 144A.45, the commissioner of health shall
issue provisional licenses to all home care providers registered
with the department as of that date. The provisional license
shall be valid until superseded by a license issued under
section 144A.46 or for a period of one year, whichever is
shorter. Applications for licensure as a home care provider
received on or after the effective date of the home care
licensure rules, shall be issued under section 144A.46,
subdivision 1.
Sec. 12. Minnesota Statutes 1990, section 144A.51,
subdivision 5, is amended to read:
Subd. 5. "Health facility" means a facility or that part
of a facility which is required to be licensed pursuant to
sections 144.50 to 144.58, and a facility or that part of a
facility which is required to be licensed under any law of this
state which provides for the licensure of nursing homes, and a
residential care home licensed under sections 144B.10 to 144B.17.
Sec. 13. Minnesota Statutes 1990, section 144A.53,
subdivision 1, is amended to read:
Subdivision 1. [POWERS.] The director may:
(a) Promulgate by rule, pursuant to chapter 14, and within
the limits set forth in subdivision 2, the methods by which
complaints against health facilities, health care providers,
home care providers, or administrative agencies are to be made,
reviewed, investigated, and acted upon; provided, however, that
a fee may not be charged for filing a complaint.
(b) Recommend legislation and changes in rules to the state
commissioner of health, legislature, governor, administrative
agencies or the federal government.
(c) Investigate, upon a complaint or upon initiative of the
director, any action or failure to act by a health care
provider, home care provider, or a health facility.
(d) Request and receive access to relevant information,
records, incident reports, or documents in the possession of an
administrative agency, a health care provider, a home care
provider, or a health facility, and issue investigative
subpoenas to individuals and facilities for oral information and
written information, including privileged information which the
director deems necessary for the discharge of responsibilities.
For purposes of investigation and securing information to
determine violations, the director need not present a release,
waiver, or consent of an individual. The identities of patients
or residents must be kept private as defined by section 13.02,
subdivision 12.
(e) Enter and inspect, at any time, a health facility and
be permitted to interview staff; provided that the director
shall not unduly interfere with or disturb the provision of care
and services within the facility or the activities of a patient
or resident unless the patient or resident consents.
(f) Issue a correction order pursuant to section 144.653 or
any other law which provides for the issuance of correction
orders to health care facilities or home care provider, or under
section 144A.45. A facility's refusal to cooperate in providing
lawfully requested information may also be grounds for a
correction order.
(g) Recommend the certification or decertification of
health facilities pursuant to Title XVIII or XIX of the United
States Social Security Act.
(h) Assist patients or residents of health facilities in
the enforcement of their rights under Minnesota law.
(i) Work with administrative agencies, health facilities,
home care providers, and health care providers and organizations
representing consumers on programs designed to provide
information about health facilities to the public and to health
facility residents.
Sec. 14. [144B.01] [DEFINITIONS.]
Subdivision 1. [SCOPE.] As used in sections 144B.01 to
144B.17, the following terms have the meanings given them in
this section.
Subd. 2. [ADULT.] "Adult" means a person who has attained
the age of 18 years.
Subd. 3. [COMMISSIONER.] "Commissioner" means the
commissioner of health or the commissioner's designee.
Subd. 4. [DEPARTMENT.] "Department" means the Minnesota
department of health.
Subd. 5. [RESIDENTIAL CARE HOME OR HOME.] "Residential
care home" or "home" means an establishment with a minimum of
five beds, where adult residents are provided sleeping
accommodations and two or more meals per day and where
supportive services are provided or offered to all residents by
the facility. A "residential care home" does not include:
(1) a board and lodging establishment licensed under
chapter 157 and also licensed by the commissioner of human
services under chapter 245A;
(2) a boarding care home or a supervised living facility
licensed under chapter 144;
(3) a home care provider licensed under chapter 144A; and
(4) any housing arrangement which consists of apartments
containing a separate kitchen or kitchen equipment that will
allow residents to prepare meals and where supportive services
may be provided, on an individual basis, to residents in their
living units either by the management of the residential care
home or by home care providers under contract with the home's
management.
Subd. 6. [SUPPORTIVE SERVICES.] "Supportive services"
means the provision of supervision and minimal assistance with
independent living skills. Supportive services include
assistance with transportation, arranging for meetings and
appointments, arranging for medical and social services, help
with laundry, managing money, and personal shopping assistance.
In addition, supportive services include, if needed, assistance
with walking, grooming, dressing, eating, bathing, toileting,
and providing reminders to residents to take medications.
Supportive services also include other health-related support
services identified by the commissioner in rule.
Sec. 15. [144B.02] [LICENSE REQUIRED.]
No person, partnership, association, or corporation, nor
any state, county, or local governmental units, nor any
division, department, board, or agency shall establish, operate,
conduct, or maintain in the state any residential care home
without first obtaining a license as required in sections
144B.01 to 144B.17. No person or entity shall advertise a home
providing services required to be licensed under sections
144B.01 to 144B.17 without first obtaining a license. A
violation of this section is a misdemeanor punishable by a fine
of not more than $300. The commissioner may seek an injunction
in the district court against the continuing operation of the
unlicensed home. Proceedings for securing an injunction may be
brought by the attorney general or by the appropriate county
attorney. The sanctions in this section do not restrict other
available sanctions.
Sec. 16. [144B.03] [LICENSE APPLICATION.]
Subdivision 1. [LICENSE PROCEDURES.] The commissioner
shall by rule establish forms and procedures for processing
residential care home license applications. An application for
a residential care home license shall include:
(1) the name and address of the licensee and the manager of
the home to be licensed;
(2) the address of the home; and
(3) any other relevant information which the commissioner
by rule may determine is necessary to properly evaluate an
application for license.
An applicant for licensure which is a corporation shall
submit copies of its articles of incorporation and bylaws and
any amendments as they occur, together with the names and
addresses of its officers and directors. An applicant for
licensure which is a foreign corporation shall furnish the
commissioner with a copy of its certificate of authority to do
business in this state. The application of a corporation,
association, or a governmental unit or instrumentality shall be
signed by at least two officers or managing agents of that
entity.
Subd. 2. [AGENTS IDENTIFIED.] Each application for a
residential care home license or for renewal of a residential
care home license shall specify one or more individuals or
employees as agents:
(1) who shall be responsible for dealing with the
commissioner on all matters provided for in sections 144B.01 to
144B.17; and
(2) on whom personal service of all notices and orders
shall be made, and who shall be authorized to accept service on
behalf of the licensee.
Notwithstanding any law to the contrary, personal service
on the designated person or persons named in an application
shall be deemed to be service on the licensee, and it shall not
be a defense to any action arising, that personal service was
not made on each individual. The designation of one or more
individuals pursuant to this subdivision shall not affect the
legal responsibility of the licensee under sections 144B.01 to
144B.17.
Sec. 17. [144B.04] [FEES.]
Each application for a license to operate a residential
care home, or for a renewal of license, shall be accompanied by
a fee established by the commissioner according to section
144.122. No fee shall be refunded. The fee established must
include an amount necessary to recover, over a five-year period,
the commissioner's direct expenditures for adoption of the
residential care home rules.
Sec. 18. [144B.05] [QUALIFICATIONS FOR LICENSE.]
Subdivision 1. [COMPLIANCE REQUIRED.] No license shall be
issued to a home unless the commissioner of health determines
that the home complies with the requirements of this chapter.
Subd. 2. [APPLICATION REQUIRED.] The applicant for a
license under sections 144B.01 to 144B.17 must comply with the
application requirements specified by section 144B.03.
Subd. 3. [HEALTH; SAFETY STANDARDS.] The home must meet
the minimum health, safety, comfort, and well-being standards
prescribed by the rules of the commissioner with respect to the
construction, equipment, maintenance, and operation of a
residential care home.
Subd. 4. [LICENSURE CONDITIONS OR LIMITATIONS.] The
commissioner may attach to the license any conditions or
limitations necessary to assure compliance with the laws or
rules governing the operation of the home or to protect the
health, safety, comfort, or well-being of the residents. A
condition or limitation may be attached to the license when
first issued, when renewed, or during the course of the
licensure year. The commissioner shall adopt rules governing
the procedures for issuing conditions or limitations.
Sec. 19. [144B.06] [LICENSE RENEWAL.]
Unless the license is suspended or revoked according to
section 144B.08, a residential care home license is effective
for one year from the date of its issuance. The commissioner
shall by rule establish forms and procedures for the processing
of license renewals. The commissioner shall approve a license
renewal application if the home continues to satisfy the
requirements, standards, and conditions of sections 144B.01 to
144B.17, and the rules adopted under those sections.
Sec. 20. [144B.07] [TRANSFERABILITY OF LICENSE.]
Subdivision 1. [TRANSFERS PROHIBITED; CHANGE OF
OWNERSHIP.] A license shall be issued only for the premise
identified in the application for license and may not be
transferred or assigned to another party. Prior to any change
of licensee of a home, the prospective licensee must apply for a
license according to subdivision 2. "Change of licensee" means
a transfer of the legal responsibility to operate the home to a
different individual or entity.
Subd. 2. [NOTIFICATION.] At least 60 days prior to the
final change of license, the prospective licensee shall notify
the department of the intended change of licensee and shall file
an application for a license. The original licensee shall
notify the department of the intended change at least 90 days
prior to the change. The original licensee remains responsible
for the operation of the home until the date a new license is
issued by the department. The original licensee is liable for
all penalties assessed against the home and for all violations
occurring prior to the transfer of operation. The commissioner
may not issue a license to the prospective licensee if, at the
time of the requested transfer, there are any uncorrected
violations of sections 144B.01 to 144B.17 or rules adopted under
those sections unless the commissioner determines that the
violations will not create an imminent risk of harm to the
residents and that the prospective licensee has submitted an
acceptable plan of correction to the commissioner.
Sec. 21. [144B.08] [LICENSE SUSPENSION, REVOCATION, OR
REFUSAL TO ISSUE; HEARING; RELICENSING.]
Subdivision 1. [PROCEEDINGS.] The commissioner may
institute proceedings to suspend or revoke a residential care
home license, or may refuse to grant or renew the license of a
residential care home if any action by a licensee or employee of
the residential care home:
(1) violates any of the provisions of sections 144B.01 to
144B.17, or the rules adopted under those sections;
(2) permits, aids, or abets the commission of any illegal
act in the residential care home or relating to the operation of
the home;
(3) performs any act contrary to the welfare of the
residential care home; or
(4) obtains, or attempts to obtain, a license by fraudulent
means or misrepresentation.
Subd. 2. [HEARING.] No residential care home license may
be suspended or revoked, and renewal may not be denied, without
a hearing held as a contested case in accordance with chapter 14.
If the individual designated under section 144B.03, subdivision
2, as an agent to accept service on behalf of the licensee has
been notified by the commissioner that the home will not receive
an initial license or that a license renewal has been denied,
the licensee or a legal representative on behalf of the
residential care home may request and receive a hearing on the
denial. This hearing shall be held as a contested case in
accordance with chapter 14.
Subd. 3. [MANDATORY REVOCATION OR REFUSAL TO ISSUE A
LICENSE.] Notwithstanding subdivision 2, the commissioner shall
revoke or refuse to issue a residential care home license if the
applicant, licensee, or manager of the licensed home is
convicted of a felony or gross misdemeanor that is punishable by
a term of imprisonment of not more than 90 days and that relates
to operation of the residential care home or directly affects
resident safety or care. The commissioner shall notify the
residential care home 30 days before the date of revocation.
Subd. 4. [RELICENSING.] If a residential care home license
is revoked, a new application for license may be considered by
the commissioner when the conditions upon which revocation was
based have been corrected and satisfactory evidence of this fact
has been furnished to the commissioner. A new license may be
granted after an inspection has been made and the home has been
found to comply with all provisions of sections 144B.01 to
144B.17, and the rules adopted under those sections.
Sec. 22. [144B.09] [RULES.]
The commissioner shall establish by rule minimum standards
for the construction, maintenance, equipping, and operation of
residential care homes. To the extent possible, the rules shall
assure the health, safety, comfort, and well-being of
residential care home residents. The rules shall include, but
not be limited to the following provisions:
(1) the supportive services that can be provided;
(2) special service permit requirements for medication or
other supportive services;
(3) staffing requirements;
(4) training and qualifications of staff;
(5) criteria for admission and continued stay of a
resident;
(6) resident rights;
(7) fire safety and physical plant requirements that are
based on the size of the home, and the resident's ability to
ambulate, taking into consideration the need for differing
standards for existing physical plants and for new construction;
and
(8) procedures for granting variances or waivers from the
rules.
Sec. 23. [144B.10] [INSPECTIONS; ENFORCEMENT.]
Subdivision 1. [ENFORCEMENT.] The department is the
exclusive state agency charged with the responsibility and duty
of inspecting all homes required to be licensed under sections
144B.01 to 144B.17. The commissioner shall enforce its rules
subject only to the authority of the department of public safety
respecting the enforcement of fire and safety standards in
licensed residential care homes.
Subd. 2. [PERIODIC INSPECTION.] (a) All homes required to
be licensed under sections 144B.01 to 144B.17 shall be
periodically inspected by the commissioner to ensure compliance
with rules and standards. Inspections shall occur at different
times throughout the calendar year.
(b) Within the limits of the resources available to the
commissioner, the commissioner shall conduct inspections and
reinspections with a frequency and in a manner calculated to
produce the greatest benefit to residents. In performing this
function, the commissioner may devote proportionately more
resources to the inspection of those homes in which conditions
present the most serious concerns with respect to resident
health, safety, comfort, and well-being, including: (1) change
in ownership; (2) frequent change in management or staff; (3)
complaints about care, safety, or rights; (4) previous
inspections or reinspections which have resulted in correction
orders related to care, safety, or rights; and (5) indictment of
persons involved in ownership or operation of the home for
alleged criminal activity.
(c) A home that does not have any of the conditions in
paragraph (b) or any other condition established by the
commissioner that poses a risk to resident care, safety, or
rights shall be inspected once every two years.
Subd. 3. [AUTHORITY.] The commissioner may request and
must be given access to relevant information, records, incident
reports, or other documents in the possession of a home if the
commissioner considers them necessary for the discharge of
responsibilities. For the purposes of inspections and securing
information to determine compliance with the licensure laws and
rules, the commissioner need not present a release, waiver, or
consent of the individual. The identities of patients or
residents must be kept private as defined by section 13.02,
subdivision 12.
Subd. 4. [INSPECTIONS WITHOUT NOTICE.] No prior notice
shall be given of an inspection or reinspection conducted under
this section.
Subd. 5. [CORRECTION ORDERS.] Whenever a duly authorized
representative of the commissioner determines that a home is not
in compliance with the provisions of this chapter or the rules
adopted under it, a correction order shall be issued to the
home. The correction order shall state the deficiency, cite the
specific law or rule violated, and specify the time allowed for
correction.
Subd. 6. [REINSPECTIONS; FINES.] If, upon reinspection, it
is found that the home has not corrected deficiencies specified
in the correction order, a notice of noncompliance shall be
issued stating all deficiencies not corrected. Unless a hearing
is requested under subdivision 8, the home shall forfeit to the
state, within 15 days after receiving the notice of
noncompliance, up to $1,000 for each deficiency not corrected.
For each subsequent reinspection, the home may be fined an
additional amount for each deficiency which has not been
corrected. All forfeitures shall be paid into the general fund.
The commissioner shall adopt by rule a schedule of fines
applicable for each type of uncorrected deficiency.
Subd. 7. [RECOVERY.] Any unpaid forfeitures may be
recovered by the attorney general.
Subd. 8. [HEARINGS.] A licensee is entitled to a hearing
on any notice of noncompliance provided that the licensee makes
a written request within 15 days after receiving the notice of
noncompliance. Failure to request a hearing shall result in the
forfeiture of a penalty as determined by the commissioner
according to subdivision 6. During the hearing and review
process a request for a hearing shall operate as a stay of the
payment of any forfeiture provided for in this section. The
hearing shall be conducted as a contested case proceeding under
the provisions of chapter 14.
Subd. 9. [RECORDS OF INSPECTIONS.] After each inspection
or reinspection required or authorized by this section, the
commissioner shall, by certified mail, send copies of any
correction order or notice of noncompliance to the home. A copy
of each correction order and notice of noncompliance shall be
kept on file at the home and shall be made available for viewing
by any person upon request.
Subd. 10. [POWERS NOT LIMITED.] Nothing in this section
shall be construed to limit the powers granted to the
commissioner in this chapter.
Sec. 24. [144B.11] [INJUNCTIVE RELIEF; SUBPOENAS.]
Subdivision 1. [INJUNCTIVE RELIEF.] In addition to any
other remedy provided by law, the commissioner may bring an
action in the district court in Ramsey or Hennepin county or in
the district in which a home is located to enjoin the licensee
or an employee of the home from illegally engaging in activities
regulated by sections 144B.01 to 144B.17. A temporary
restraining order may be granted by the court in the proceeding
if continued activity by the licensee or employee would create
an imminent risk of harm to a resident of the facility.
Subd. 2. [SUBPOENAS.] In all matters pending before the
commissioner under sections 144B.01 to 144B.17, the commissioner
shall have the power to issue subpoenas, and to compel the
attendance of witnesses and the production of all necessary
papers, books, records, documents, and other evidentiary
material. Any person failing or refusing to appear or testify
regarding any matter about which that person may be lawfully
questioned or refusing to produce any papers, books, records,
documents, or evidentiary materials in the matter to be heard,
after having been required by order of the commissioner or by a
subpoena of the commissioner to do so may, upon application by
the commissioner to the district court in any district, be
ordered by the court to comply with the subpoena or order. The
commissioner may issue subpoenas and may administer oaths to
witnesses, or take their affirmation. Depositions may be taken
within or without the state in the manner provided by law for
the taking of depositions in civil actions, with the same fees
and mileage and in the same manner as prescribed by law for
process issued out of the district court of this state. Fees
and mileage and other costs for persons subpoenaed by the
commissioner shall be paid in the same manner as for proceedings
in district court.
Sec. 25. [144B.12] [PLACEMENT OF A MONITOR.]
Subdivision 1. [AUTHORITY.] The commissioner may place a
person to act as a monitor in a residential care home when the
commissioner determines that violations of this chapter, or the
rules adopted under it, require extended surveillance to enforce
compliance or to protect the health, safety, or welfare of the
residents.
Subd. 2. [DUTIES OF THE MONITOR.] The monitor shall
observe the operation of the home, provide advice to the home on
methods of complying with state law and rules, where documented
deficiencies for the regulations exist, and periodically shall
submit a written report to the commissioner on the ways in which
the home meets or fails to meet state rules.
Subd. 3. [SELECTION OF THE MONITOR.] The commissioner may
select as monitor an employee of the department or may contract
with any other individual to serve as a monitor. The
commissioner shall publish a notice in the State Register that
requests proposals from individuals who wish to be considered
for placement as monitors and that sets forth the criteria for
selecting individuals as monitors. The commissioner shall
maintain a list of individuals who are not employees of the
department who are interested in serving as monitors. The
commissioner may contract with those individuals determined to
be qualified.
Subd. 4. [PAYMENT OF THE MONITOR.] A residential care home
in which a monitor is placed shall pay to the department the
actual costs associated with the placement, unless the payment
would create an undue hardship for the home.
Sec. 26. [144B.13] [FREEDOM FROM ABUSE AND NEGLECT.]
Residents shall be free from abuse and neglect as defined
in section 626.557, subdivision 2. The commissioner shall by
rule develop procedures for the reporting of alleged incidents
of abuse or neglect in residential care homes. The office of
health facility complaints shall investigate reports of alleged
abuse or neglect according to sections 144A.51 to 144A.54.
Sec. 27. [144B.14] [CESSATION OF OPERATIONS.]
If a residential care home voluntarily plans to cease
operations or to curtail operations to the extent that
relocation of residents is necessary, the licensee of the home
shall notify the commissioner at least 90 days prior to the
scheduled cessation or curtailment. The commissioner shall
cooperate with and advise the licensee of the home in the
resettlement of residents. Failure to comply with this section
shall be subject to the issuance of a correction order and fine
under section 144B.10.
Sec. 28. [144B.15] [HUMAN SERVICES LICENSURE EXCLUSION.]
Notwithstanding section 245A.03, subdivision 2, board and
lodging establishments licensed by the commissioner and
registered under section 157.031, subdivision 2, that provide
services for five or more persons whose primary diagnosis is
mental illness and who have refused a residential program
offered by a county agency are exempt from licensure under
sections 245A.01 to 245A.16, until one year after the
residential care home licensure rules required under sections
144B.01 to 144B.17 are adopted by the commissioner of health.
At that time, these establishments shall be licensed under
sections 245A.01 to 245A.16, or as residential care homes.
Sec. 29. [144B.16] [TRANSITIONAL PERIOD.]
Except as provided for in section 157.031, subdivision 4,
the requirement to obtain a residential care home license is
effective as of the effective date of the rules adopted by the
commissioner. Until that time, board and lodging establishments
that are required to be registered under the provisions of
section 157.031 shall continue to meet the requirements
contained in that section.
Sec. 30. [144B.17] [ADVISORY WORK GROUP.]
The commissioner shall convene a work group to advise,
consult with, and make recommendations to the commissioner
regarding the development of rules required under sections
144B.01 to 144B.16. The work group must include consumers and
providers of the services described in sections 144B.01 to
144B.16 and other interested parties.
Sec. 31. Minnesota Statutes 1990, section 145.924, is
amended to read:
145.924 [AIDS PREVENTION GRANTS.]
(a) The commissioner may award grants to boards of health
as defined in section 145A.02, subdivision 2, state agencies,
state councils, or nonprofit corporations to provide evaluation
and counseling services to populations at risk for acquiring
human immunodeficiency virus infection, including, but not
limited to, minorities, adolescents, intravenous drug users, and
homosexual men.
(b) The commissioner may award grants to agencies
experienced in providing services to communities of color, for
the design of innovative outreach and education programs for
targeted groups within the community who may be at risk of
acquiring the human immunodeficiency virus infection, including
intravenous drug users and their partners, adolescents, gay and
bisexual individuals and women. Grants shall be awarded on a
request for proposal basis and shall include funds for
administrative costs. Priority for grants shall be given to
agencies or organizations that have experience in providing
service to the particular community which the grantee proposes
to serve; that have policymakers representative of the targeted
population; that have experience in dealing with issues relating
to HIV/AIDS; and that have the capacity to deal effectively with
persons of differing sexual orientations. For purposes of this
paragraph, the "communities of color" are: the American-Indian
community; the Hispanic community; the African-American
community; and the Asian-Pacific community.
Sec. 32. Minnesota Statutes 1990, section 145.925, is
amended by adding a subdivision to read:
Subd. 9. Notwithstanding any rules to the contrary,
including rules proposed in the State Register on April 1, 1991,
the commissioner, in allocating grant funds for family planning
special projects, shall not limit the total amount of funds that
can be allocated to an organization that has submitted
applications from more than one region, except that no more than
$75,000 may be allocated to any grantee within a single region.
For two or more organizations who have submitted a joint
application, that limit is $75,000 for each organization. This
subdivision does not affect any procedure established in rule
for allocating special project money to the different regions.
The commissioner shall revise the rules for family planning
special project grants so that they conform to the requirements
of this subdivision. In adopting these revisions, the
commissioner is not subject to the rulemaking provisions of
chapter 14, but is bound by section 14.38, subdivision 7.
Sec. 33. Minnesota Statutes 1990, section 148B.01,
subdivision 7, is amended to read:
Subd. 7. [REGULATED INDIVIDUAL LICENSEE.] "Regulated
individual Licensee" means a person licensed by the board of
social work or the board of marriage and family therapy, or
required to file with the board of unlicensed mental health
service providers.
Sec. 34. Minnesota Statutes 1990, section 148B.03, is
amended to read:
148B.03 [APPLICABILITY.]
Sections 148B.04 to 148B.17 apply to all of the social work
and mental health boards the board of social work and the board
of marriage and family therapy, and the regulated
individuals licensees within their respective jurisdictions,
unless superseded by an inconsistent law that relates
specifically to a particular board.
Sec. 35. Minnesota Statutes 1990, section 148B.04,
subdivision 3, is amended to read:
Subd. 3. [INFORMATION ON ADVERSE DISCIPLINARY ACTIONS.] If
a board imposes disciplinary measures or takes adverse
disciplinary action of any kind, the name and business address
of the regulated individual licensee, the nature of the
misconduct, and the action taken by the board are public data.
Sec. 36. Minnesota Statutes 1990, section 148B.04,
subdivision 4, is amended to read:
Subd. 4. [EXCHANGE OF INFORMATION.] The boards shall
exchange information with other boards, agencies, or departments
within the state, as required under section 214.10, subdivision
8, paragraph (d), and may release information in the reports
required under section 148B.02.
Sec. 37. Minnesota Statutes 1990, section 148B.05,
subdivision 1, is amended to read:
Subdivision 1. [ADVERSE DISCIPLINARY ACTION BY A BOARD.] A
suspension, revocation, condition, limitation, qualification, or
restriction of a regulated an individual's license, filing, or
right to practice is in effect pending determination of an
appeal unless the court, upon petition and for good cause shown,
orders otherwise. The right to provide services is
automatically suspended if (1) a guardian of the person of
a regulated individual licensee is appointed by order of a
probate court pursuant to sections 525.54 to 525.61, for reasons
other than the minority of the individual licensee, or (2)
the individual licensee is committed by order of a probate court
pursuant to chapter 253B or sections 526.09 to 526.11. The
right to provide services remains suspended until the individual
licensee is restored to capacity by a court and, upon petition
by the individual licensee, the suspension is terminated by the
board after a hearing. In its discretion, a board may restore
and reissue permission to provide services, but as a condition
thereof may impose any disciplinary or corrective measure that
it might originally have imposed.
Sec. 38. Minnesota Statutes 1990, section 148B.06,
subdivision 1, is amended to read:
Subdivision 1. [CERTIFICATE REQUIRED.] A board may not
issue or renew a filing license if the commissioner of revenue
notifies the board and the regulated individual licensee or
applicant for a license or filing that the individual licensee
or applicant owes the state delinquent taxes in the amount of
$500 or more. A board may issue or renew a license or filing
only if the commissioner of revenue issues a tax clearance
certificate and the commissioner of revenue or the individual
licensee or applicant forwards a copy of the clearance to the
board. The commissioner of revenue may issue a clearance
certificate only if the individual licensee or applicant does
not owe the state any uncontested delinquent taxes. For
purposes of this section, "taxes" means all taxes payable to the
commissioner of revenue, including penalties and interest due on
those taxes. "Delinquent taxes" do not include a tax liability
if (i) an administrative or court action that contests the
amount or validity of the liability has been filed or served,
(ii) the appeal period to contest the tax liability has not
expired, or (iii) the regulated individual licensee or applicant
has entered into a payment agreement to pay the liability and is
current with the payments.
Sec. 39. Minnesota Statutes 1990, section 148B.06,
subdivision 3, is amended to read:
Subd. 3. [INFORMATION REQUIRED.] The boards shall require
all regulated individuals licensees or applicants to provide
their social security number and Minnesota business
identification number on all license or filing applications.
Upon request of the commissioner of revenue, the board of social
work and the board of marriage and family therapy must provide
to the commissioner of revenue a list of all regulated
individuals licensees and applicants, including the name and
address, social security number, and business identification
number. The commissioner of revenue may request a list of
the individuals licensees and applicants no more than once each
calendar year.
Sec. 40. Minnesota Statutes 1990, section 148B.07, is
amended to read:
148B.07 [REPORTING OBLIGATIONS.]
Subdivision 1. [PERMISSION TO REPORT.] A person who has
knowledge of any conduct constituting grounds for discipline or
adverse disciplinary action relating to licensure or filing
unlicensed practice under this chapter may report the violation
to the appropriate board.
Subd. 2. [INSTITUTIONS.] A state agency, political
subdivision, agency of a local unit of government, private
agency, hospital, clinic, prepaid medical plan, or other health
care institution or organization located in this state shall
report to the appropriate board any action taken by the agency,
institution, or organization or any of its administrators or
medical or other committees to revoke, suspend, restrict, or
condition a regulated individual's licensee's privilege to
practice or treat patients or clients in the institution, or as
part of the organization, any denial of privileges, or any other
adverse action or disciplinary action for conduct that might
constitute grounds for adverse action or disciplinary action by
a board under this chapter. The institution or organization
shall also report the resignation of any regulated individuals
licensees prior to the conclusion of any disciplinary or adverse
action proceeding for conduct that might constitute grounds for
disciplinary or adverse action under this chapter, or prior to
the commencement of formal charges but after the individual
licensee had knowledge that formal charges were contemplated or
in preparation.
Subd. 3. [PROFESSIONAL SOCIETIES.] A state or local
professional society for regulated individuals licensees shall
report to the appropriate board any termination, revocation, or
suspension of membership or any other disciplinary or adverse
action taken against a regulated individual licensee. If the
society has received a complaint that might be grounds for
discipline under this chapter against a member on which it has
not taken any disciplinary or adverse action, the society shall
report the complaint and the reason why it has not taken action
on it or shall direct the complainant to the appropriate board.
Subd. 4. [REGULATED INDIVIDUALS AND LICENSED
PROFESSIONALS.] A regulated individual or a licensed health
professional shall report to the appropriate board personal
knowledge of any conduct that the regulated individual or
licensed health professional reasonably believes constitutes
grounds for disciplinary or adverse action under this chapter by
any regulated individual licensee, including conduct indicating
that the individual licensee may be medically incompetent, or
may be medically or physically unable to engage safely in the
provision of services. If the information was obtained in the
course of a client relationship, the client is another regulated
individual licensee, and the treating individual successfully
counsels the other individual to limit or withdraw from practice
to the extent required by the impairment, the board may deem
this limitation of or withdrawal from practice to be sufficient
disciplinary action.
Subd. 5. [INSURERS.] Four times each year as prescribed by
a board, each insurer authorized to sell insurance described in
section 60A.06, subdivision 1, clause (13), and providing
professional liability insurance to regulated
individuals licensees, or the medical joint underwriting
association under chapter 62F, shall submit to the appropriate
board a report concerning the regulated individuals licensees
against whom malpractice settlements or awards have been made to
the plaintiff. The report must contain at least the following
information:
(1) the total number of malpractice settlements or awards
made to the plaintiff;
(2) the date the malpractice settlements or awards to the
plaintiff were made;
(3) the allegations contained in the claim or complaint
leading to the settlements or awards made to the plaintiff;
(4) the dollar amount of each malpractice settlement or
award;
(5) the regular address of the practice of the regulated
individual licensee against whom an award was made or with whom
a settlement was made; and
(6) the name of the regulated individual licensee against
whom an award was made or with whom a settlement was made.
The insurance company shall, in addition to the above
information, report to the board any information it possesses
that tends to substantiate a charge that a regulated
individual licensee may have engaged in conduct violating this
chapter.
Subd. 6. [COURTS.] The court administrator of district
court or any other court of competent jurisdiction shall report
to the board any judgment or other determination of the court
that adjudges or includes a finding that a regulated individual
licensee is mentally ill, mentally incompetent, guilty of a
felony, guilty of a violation of federal or state narcotics laws
or controlled substances act, or guilty of an abuse or fraud
under Medicare or Medicaid; or that appoints a guardian of the
regulated individual licensee pursuant to sections 525.54 to
525.61 or commits a regulated individual licensee pursuant to
chapter 253B or sections 526.09 to 526.11.
Subd. 7. [SELF-REPORTING.] A regulated individual licensee
shall report to the appropriate board or to the office of mental
health practice any personal action that would require that a
report be filed with the board by any person, health care
facility, business, or organization pursuant to subdivisions 2
to 6.
Subd. 8. [DEADLINES; FORMS.] Reports required by
subdivisions 2 to 7 must be submitted not later than 30 days
after the occurrence of the reportable event or transaction.
The boards and the office of mental health practice may provide
forms for the submission of reports required by this section,
may require that reports be submitted on the forms provided, and
may adopt rules necessary to assure prompt and accurate
reporting.
Subd. 9. [SUBPOENAS.] The boards and the office of mental
health practice may issue subpoenas for the production of any
reports required by subdivisions 2 to 7 or any related documents.
Sec. 41. Minnesota Statutes 1990, section 148B.08, is
amended to read:
148B.08 [IMMUNITY.]
Subdivision 1. [REPORTING.] Any person, health care
facility, business, or organization is immune from civil
liability or criminal prosecution for submitting a report to a
board under section 148B.07 or for otherwise reporting to the
board violations or alleged violations of this chapter. All the
reports are confidential and absolutely privileged
communications.
Subd. 2. [INVESTIGATION.] Members of the boards of social
work, and marriage and family therapy, and unlicensed mental
health professionals, and persons employed by the office boards
or engaged in the investigation of violations and in the
preparation and management of charges of violations of this
chapter on behalf of the office or boards, are immune from civil
liability and criminal prosecution for any actions,
transactions, or publications in the execution of, or relating
to, their duties under this chapter.
Sec. 42. Minnesota Statutes 1990, section 148B.12, is
amended to read:
148B.12 [MALPRACTICE HISTORY.]
Subdivision 1. [SUBMISSION.] Regulated individuals
Licensees or applicants for licensure who have previously
practiced in another state shall submit with their filing or
application the following information:
(1) number, date, and disposition of any malpractice
settlement or award made to the plaintiff or other claimant
relating to the quality of services provided by the regulated
individual licensee or applicant; and
(2) number, date, and disposition of any civil litigations
or arbitrations relating to the quality of services provided by
the regulated individual licensee or applicant in which the
party complaining against the individual licensee or applicant
prevailed or otherwise received a favorable decision or order.
Subd. 2. [BOARD ACTION.] The board shall give due
consideration to the information submitted under this section.
A regulated individual licensee or applicant for licensure who
willfully submits incorrect information is subject to
disciplinary action under this chapter.
Sec. 43. Minnesota Statutes 1990, section 148B.13, is
amended to read:
148B.13 [PUBLICATION OF DISCIPLINARY ACTIONS.]
At least annually, each board shall publish and release to
the public a description of all disciplinary measures or adverse
actions taken by the board. The publication must include, for
each disciplinary measure or adverse action taken, the name and
business address of the regulated individual licensee, the
nature of the misconduct, and the measure or action taken by the
board.
Sec. 44. Minnesota Statutes 1990, section 148B.17, is
amended to read:
148B.17 [FEES.]
Each board shall by rule establish fees, including late
fees, for licenses or filings and renewals so that the total
fees collected by the board will as closely as possible equal
anticipated expenditures during the fiscal biennium, as provided
in section 16A.128, plus the prorated costs of the office of
social work and mental health boards. Fees must be credited to
accounts in the special revenue fund.
Sec. 45. [148B.175] [COMPLAINTS; INVESTIGATION AND
HEARING.]
Subdivision 1. [DISCOVERY; SUBPOENAS.] In all matters
relating to its lawful regulatory activities, a board may issue
subpoenas and compel the attendance of witnesses and the
production of all necessary papers, books, records, documents,
and other evidentiary material. Any person failing or refusing
to appear to testify regarding any matter about which the person
may be lawfully questioned or failing to produce any papers,
books, records, documents, or other evidentiary materials in the
matter to be heard, after having been required by order of the
board or by a subpoena of the board to do so may, upon
application to the district court in any district, be ordered to
comply with the subpoena or order. Any board member may
administer oaths to witnesses or take their affirmation.
Depositions may be taken within or without the state in the
manner provided by law for the taking of depositions in civil
actions. A subpoena or other process or paper may be served
upon a person it names anywhere within the state by any officer
authorized to serve subpoenas or other process or paper in civil
actions in the same manner as prescribed by law for service of
process issued out of the district court of this state.
Subd. 2. [CLASSIFICATION OF DATA.] The board shall
maintain any records, other than client records, obtained as
part of an investigation, as investigative data under section
13.41. Client records are classified as private under chapter
13, and must be protected as such in the records of the board
and in administrative or judicial proceeding unless the client
authorizes the board in writing to make public the identity of
the client or a portion or all of the client's records.
Subd. 3. [EXAMINATION.] If a board has probable cause to
believe that an applicant or licensee has engaged in conduct
prohibited by section 214.10, it may issue an order directing
the applicant or licensee to submit to a mental or physical
examination or chemical dependency evaluation. For the purpose
of this section, every applicant or licensee is considered to
have consented to submit to a mental or physical examination or
chemical dependency evaluation when ordered to do so in writing
by the board and to have waived all objections to the
admissibility of the examiner's or evaluator's testimony or
reports on the grounds that the testimony or reports constitute
a privileged communication.
Subd. 4. [FAILURE TO SUBMIT TO AN EXAMINATION.] Failure to
submit to an examination or evaluation when ordered, unless the
failure was due to circumstances beyond the control of the
applicant or licensee, constitutes an admission that the
applicant or licensee violated section 214.10, based on the
factual specifications in the examination or evaluation order,
and may result in an application being denied or a default and
final disciplinary order being entered after a contested case
hearing. The only issues to be determined at the hearing are
whether the designated board member had probable cause to issue
the examination or evaluation order and whether the failure to
submit was due to circumstances beyond the control of the
applicant or licensee. Neither the record of a proceeding under
this subdivision nor the orders entered by the board are
admissible, subject to subpoena, or to be used against the
applicant or licensee in a proceeding in which the board is not
a party or decision maker. Information obtained under this
subdivision is classified as private under chapter 13 and the
orders issued by a board as the result of an applicant or
licensee to submit to an examination or evaluation are
classified as public.
Subd. 5. [ACCESS TO DATA AND RECORDS.] In addition to
ordering a physical or mental examination or chemical dependency
evaluation and notwithstanding section 13.42, 144.651, 595.02,
or any other law limiting access to medical or other health
records, a board may obtain data and health records relating to
an applicant or licensee without the applicant's or licensee's
consent if the board has probable cause to believe that an
applicant or licensee has engaged in conduct prohibited by
section 214.10. An applicant, licensee, insurance company,
health care facility, provider as defined in section 144.335,
subdivision 1, paragraph (b), or government agency shall comply
with any written request of the board under this subdivision and
is not liable in any action for damages for releasing the data
requested by the board if the data are released in accordance
with a written request made under this subdivision, unless the
information is false and the person or entity giving the
information knew or had reason to know that the information was
false. Information on individuals obtained under this section
is investigative data under section 13.41.
Subd. 6. [FORMS OF DISCIPLINARY ACTION.] When grounds for
disciplinary action exist under section 214.10, or statute or
rule enforced by the board, it may take one or more of the
following disciplinary actions:
(1) deny the right to practice;
(2) revoke the right to practice;
(3) suspend the right to practice;
(4) impose limitations on the practice of the licensee;
(5) impose conditions on the practice of the licensee;
(6) impose a civil penalty not exceeding $10,000 for each
separate violation, the amount of the civil penalty to be fixed
so as to deprive the licensee of any economic advantage gained
by reason of the violation charged, or to discourage repeated
violations;
(7) impose a fee to reimburse the board for all or part of
the cost of the proceedings resulting in disciplinary action
including, but not limited to, the amount paid by the board for
services from the office of administrative hearings, attorney
fees, court reporters, witnesses, reproduction of records, board
members' per diem compensation, board staff time, and expense
incurred by board members and staff;
(8) censure or reprimand the licensee; or
(9) take any other action justified by the facts of the
case.
Subd. 7. [TEMPORARY SUSPENSION.] In addition to any other
remedy provided by law, the board may, acting through its
designated board member and without a hearing, temporarily
suspend the right of a licensee to practice if the board member
finds that the licensee has violated a statute or rule that the
board is empowered to enforce and that continued practice by the
licensee would create a serious risk of harm to others. The
suspension is in effect upon service of a written order on the
licensee specifying the statute or rule violated. The order
remains in effect until the board issues a final order in the
matter after a hearing or upon agreement between the board and
the licensee. Service of the order is effective if the order is
served on the licensee or counsel of record personally or by
first class mail to the most recent address provided to the
board for the licensee or the counsel of record. Within ten
days of service of the order, the board shall hold a hearing
before its own members on the sole issue of whether there is a
reasonable basis to continue, modify, or lift the suspension.
Evidence presented by the board or licensee may be in affidavit
form only. The licensee or the counsel of record may appear for
oral argument. Within five working days after the hearing, the
board shall issue its order and, if the suspension is continued,
schedule a contested case hearing within 45 days after issuance
of the order. The administrative law judge shall issue a report
within 30 days after closing of the contested case hearing
record. The board shall issue a final order within 30 days
after receipt of that report.
Subd. 8. [AUTOMATIC SUSPENSION.] The right to practice is
automatically suspended if (1) a guardian of a licensee is
appointed by order of a probate court under sections 525.54 to
525.61, or (2) the licensee is committed by order of a probate
court pursuant to chapter 253B or sections 526.09 to 526.11.
The right to practice remains suspended until the licensee is
restored to capacity by a court and, upon petition by the
licensee, the suspension is terminated by the board after a
hearing or upon agreement between the board and the licensee.
Subd. 9. [ADDITIONAL REMEDIES.] The board may in its own
name issue a cease and desist order to stop a person from
engaging in an unauthorized practice or violating or threatening
to violate a statute, rule, or order which the board has issued
or is empowered to enforce. The cease and desist order must
state the reason for its issuance and give notice of the
person's right to request a hearing under sections 14.57 to
14.62. If, within 15 days of service of the order, the subject
of the order fails to request a hearing in writing, the order is
the final order of the board and is not reviewable by a court or
agency.
A hearing must be initiated by the board not later than 30
days from the date of the board's receipt of a written hearing
request. Within 30 days of receipt of the administrative law
judge's report, the board shall issue a final order modifying,
vacating, or making permanent the cease and desist order as the
facts require. The final order remains in effect until modified
or vacated by the board.
When a request for a stay accompanies a timely hearing
request, the board may, in its discretion, grant the stay. If
the board does not grant a requested stay, it shall refer the
request to the office of administrative hearings within three
working days of receipt of the request. Within ten days after
receiving the request from the board, an administrative law
judge shall issue a recommendation to grant or deny the stay.
The board shall grant or deny the stay within five days of
receiving the administrative law judge's recommendation.
In the event of noncompliance with a cease and desist
order, the board may institute a proceeding in Ramsey county
district court to obtain injunctive relief or other appropriate
relief, including a civil penalty payable to the board not
exceeding $10,000 for each separate violation.
Subd. 10. [INJUNCTIVE RELIEF.] In addition to any other
remedy provided by law, including the issuance of a cease and
desist order under subdivision 1, a board may in its own name
bring an action in Ramsey county district court for injunctive
relief to restrain any unauthorized practice or violation or
threatened violation of any statute, rule, or order which the
board is empowered to regulate, enforce, or issue. A temporary
restraining order must be granted in the proceeding if continued
activity by a licensee would create a serious risk of harm to
others. The board need not show irreparable harm.
Subd. 11. [ADDITIONAL POWERS.] The issuance of a cease and
desist order or injunctive relief granted under this section
does not relieve a licensee from criminal prosecution by a
competent authority or from disciplinary action by the board.
Nothing in this section limits the board's authority to seek
injunctive relief under section 214.11.
Sec. 46. Minnesota Statutes 1990, section 148B.18,
subdivision 10, is amended to read:
Subd. 10. [QUALIFIED MENTAL HEALTH PROFESSIONAL.]
"Qualified mental health professional" means a psychiatrist,
board-certified or eligible for board certification, and
licensed under chapter 147; a psychologist licensed under
sections 148.88 to 148.98; an independent clinical social worker
who has the qualifications in section 148B.21, subdivision 6; or
a psychiatric registered nurse with a master's degree from an
accredited school of nursing, licensed under section 148.211,
with at least two years of postmaster's supervised experience in
direct clinical practice; or a marriage and family therapist who
is licensed under sections 148B.29 to 148B.39.
Sec. 47. Minnesota Statutes 1990, section 148B.23,
subdivision 1, is amended to read:
Subdivision 1. [EXEMPTION FROM EXAMINATION.] (a) For two
years from July 1, 1987, the board shall issue a license without
examination to an applicant:
(1) for a licensed social worker, if the board determines
that the applicant has received a baccalaureate degree from an
accredited program of social work, or that the applicant has at
least a baccalaureate degree from an accredited college or
university and two years in full-time employment or 4,000 hours
of experience in the supervised practice of social work within
the five years before July 1, 1989, or within a longer time
period as specified by the board;
(2) for a licensed graduate social worker, if the board
determines that the applicant has received a master's degree
from an accredited program of social work or doctoral degree in
social work; or a master's or doctoral degree from a graduate
program in a human service discipline, as approved by the board;
(3) for a licensed independent social worker, if the board
determines that the applicant has received a master's degree
from an accredited program of social work or doctoral degree in
social work; or a master's or doctoral degree from a graduate
program in a human service discipline, as approved by the board;
and, after receiving the degree, has practiced social work for
at least two years in full-time employment or 4,000 hours under
the supervision of a social worker meeting these requirements,
or of another qualified professional; and
(4) for a licensed independent clinical social worker, if
the board determines that the applicant has received a master's
degree from an accredited program of social work or doctoral
degree in social work; or a master's or doctoral degree from a
graduate program in a human service discipline as approved by
the board; and, after receiving the degree, has practiced
clinical social work for at least two years in full-time
employment or 4,000 hours under the supervision of a clinical
social worker meeting these requirements, or of another
qualified mental health professional.
(b) During the period beginning August 1, 1991, and ending
September 30, 1991, the board shall issue a license without
examination to an applicant who was licensed as a school social
worker by the board of teaching between July 1, 1987, and July
1, 1989. To qualify for a license under this paragraph, the
applicant must:
(1) provide evidence, as determined by the board, of
meeting all other licensure requirements under paragraph (a);
(2) provide evidence, as determined by the board, of
practicing social work between July 1, 1987, and July 1, 1989,
at the level of licensure being applied for;
(3) provide verification, on a form provided by the board,
that the license held with the board of teaching was in good
standing while licensed under their jurisdiction; and
(4) provide a completed application, including all
information required in this paragraph, by September 30, 1991.
(c) The board shall allow an applicant who became licensed
as a school social worker by the board of teaching between July
1, 1989, and July 1, 1990, to take the social work licensure
examination and, upon passing the examination, to receive a
license. To qualify for a license under this paragraph, the
applicant must:
(1) take and pass one of the next two regularly scheduled
social work licensure examinations administered after the
effective date of this paragraph;
(2) provide verification, on a form provided by the board,
that the license held with the board of teaching is in good
standing; and
(3) provide a completed application, including all
information required in this paragraph, by the board's
examination application deadline for the February 1992 licensure
examination.
Sec. 48. Minnesota Statutes 1990, section 148B.33,
subdivision 1, is amended to read:
Subdivision 1. [DOCUMENTARY EVIDENCE OF QUALIFICATIONS.]
An applicant for a license shall furnish evidence that the
applicant:
(1) has attained the age of majority;
(2) is of good moral character;
(3) is a citizen of the United States, or is lawfully
entitled to remain and work in the United States;
(4) has at least two years of supervised postgraduate
experience in marriage and family counseling therapy
satisfactory to the board;
(5)(i) has completed a master's or doctoral degree in
marriage and family therapy from a program in a regionally
accredited educational institution or from a program accredited
by the commissioner on accreditations for marriage and family
therapy education of the American association for marriage and
family therapists therapy; or (ii) has completed a master's or
doctoral degree from a regionally accredited educational
institution in a related field for which the course work is
considered by the board to be equivalent to that provided in
clause (5)(i);
(6) will agree to conduct all professional activities as a
licensed marriage and family counselor therapist in accordance
with a code of ethics for marriage and family therapists to be
adopted by the board; and
(7) has passed an examination approved by the board by rule.
Sec. 49. Minnesota Statutes 1990, section 148B.38,
subdivision 3, is amended to read:
Subd. 3. [FEDERALLY RECOGNIZED TRIBES AND PRIVATE
NONPROFIT AGENCIES WITH A MINORITY FOCUS.] The licensure of
marriage and family therapists who are employed by federally
recognized tribes and private nonprofit agency marriage and
family therapists, whose primary service focus addresses ethnic
minority populations and who are themselves members of ethnic
minority populations within said agencies, shall be voluntary
for a period of five years at which time the legislature will
review the need for mandatory licensure for all marriage and
family therapists under this subdivision.
Sec. 50. [148B.60] [DEFINITIONS.]
Subdivision 1. [TERMS.] As used in sections 148B.60 to
148B.71, the following terms have the meanings given them in
this section.
Subd. 2. [OFFICE OF MENTAL HEALTH PRACTICE OR
OFFICE.] "Office of mental health practice" or "office" means
the office of mental health practice established in section
148B.61.
Subd. 3. [UNLICENSED MENTAL HEALTH PRACTITIONER OR
PRACTITIONER.] "Unlicensed mental health practitioner" or
"practitioner" means a person who provides or purports to
provide, for remuneration, mental health services as defined in
subdivision 4. It does not include persons licensed by the
board of medical examiners under chapter 147; the board of
nursing under sections 148.171 to 148.285; the board of
psychology under sections 148.88 to 148.98; the board of social
work under sections 148B.18 to 148B.28; the board of marriage
and family therapy under sections 148B.29 to 148B.39; or another
licensing board if the person is practicing within the scope of
the license; or members of the clergy who are providing pastoral
services in the context of performing and fulfilling the
salaried duties and obligations required of a member of the
clergy by a religious congregation. For the purposes of
complaint investigation or disciplinary action relating to an
individual practitioner, the term includes: (1) hospital and
nursing home social workers exempt from licensure by the board
of social work under section 148B.28, subdivision 6, including
hospital and nursing home social workers acting within the scope
of their employment by the hospital or nursing home; (2) persons
employed by a program licensed by the commissioner of human
services who are acting as mental health practitioners within
the scope of their employment; (3) persons employed by a program
licensed by the commissioner of human services who are providing
chemical dependency counseling services; persons who are
providing chemical dependency counseling services in private
practice; and (4) clergy who are providing mental health
services that are equivalent to those defined in subdivision 4.
Subd. 4. [MENTAL HEALTH SERVICES.] "Mental health services"
means psychotherapy and the professional assessment, treatment,
or counseling of another person for a cognitive, behavioral,
emotional, social, or mental condition, symptom, or dysfunction,
including intrapersonal or interpersonal dysfunctions. The term
does not include pastoral services provided by members of the
clergy to members of a religious congregation in the context of
performing and fulfilling the salaried duties and obligations
required of a member of the clergy by that religious
congregation.
Subd. 5. [MENTAL HEALTH CLIENT OR CLIENT.] "Mental health
client" or "client" means a person who receives or pays for the
services of a mental health practitioner.
Subd. 6. [MENTAL HEALTH PRACTITIONER ADVISORY COUNCIL OR
COUNCIL.] "Mental health practitioner advisory council" or
"council" means the mental health practitioner advisory council
established in section 148B.62.
Subd. 7. [COMMISSIONER.] "Commissioner" means the
commissioner of health or the commissioner's designee.
Subd. 8. [DISCIPLINARY ACTION.] "Disciplinary action"
means an adverse action taken by the commissioner against an
unlicensed mental health practitioner relating to the person's
right to provide mental health services.
Sec. 51. [148B.61] [OFFICE OF MENTAL HEALTH PRACTICE.]
Subdivision 1. [CREATION.] The office of mental health
practice is created in the department of health to investigate
complaints and take and enforce disciplinary actions against all
unlicensed mental health practitioners for violations of
prohibited conduct, as defined in section 148B.68. The office
shall also serve as a clearinghouse on mental health services
and both licensed and unlicensed mental health professionals,
through the dissemination of objective information to consumers
and through the development and performance of public education
activities, including outreach, regarding the provision of
mental health services and both licensed and unlicensed mental
health professionals who provide these services.
Subd. 2. [RULEMAKING.] The commissioner of health shall
adopt rules necessary to implement, administer, or enforce
provisions of sections 148B.60 to 148B.71 pursuant to chapter
14. The commissioner may not adopt rules that restrict or
prohibit persons from providing mental health services on the
basis of education, training, experience, or supervision. The
commissioner may consult with the mental health practitioner
advisory council, established in section 148B.62, during the
rulemaking process. Rules adopted pursuant to this authority
are exempt from section 14.115.
Subd. 3. [EMERGENCY RULES.] The commissioner may adopt
emergency rules under sections 14.29 to 14.385 to carry out the
provisions of sections 148B.60 to 148B.71.
Sec. 52. [148B.62] [MENTAL HEALTH PRACTITIONER ADVISORY
COUNCIL.]
Subdivision 1. [CREATION.] The mental health practitioner
advisory council is created to serve in an advisory capacity to
the commissioner of health and staff of the office of mental
health practice in the development of rules and procedures
necessary to enforce sections 148B.60 to 148B.71 and in the
enforcement of section 148B.68 on prohibited conduct and
sections 148B.69 and 148B.70 on disciplinary action and remedies
for violations of prohibited conduct. The council shall also
serve in an advisory capacity in the development of public
education materials and activities, including outreach
activities.
Subd. 2. [COMPOSITION.] The advisory council consists of
nine members, including six individuals who are providing mental
health services and three public members, as defined in section
214.02. The initial appointments of the first members of the
council must include at least four members who were members of
the board of unlicensed mental health service providers on June
30, 1991.
Subd. 3. [APPOINTMENT.] Members of the advisory council
are appointed by the commissioner of health and serve pursuant
to requirements under section 15.059. Members are appointed to
serve terms of four years.
Subd. 4. [COUNCIL ADMINISTRATION.] Members of the council
shall elect from among its members a chair and a vice-chair to
serve for one year or until a successor is elected and qualifies.
Sec. 53. [148B.63] [REPORTING OBLIGATIONS.]
Subdivision 1. [PERMISSION TO REPORT.] A person who has
knowledge of any conduct constituting grounds for disciplinary
action relating to unlicensed practice under this chapter may
report the violation to the office of mental health practice.
Subd. 2. [INSTITUTIONS.] A state agency, political
subdivision, agency of a local unit of government, private
agency, hospital, clinic, prepaid medical plan, or other health
care institution or organization located in this state shall
report to the office of mental health practice any action taken
by the agency, institution, or organization or any of its
administrators or medical or other committees to revoke,
suspend, restrict, or condition an unlicensed mental health
practitioner's privilege to practice or treat patients or
clients in the institution, or as part of the organization, any
denial of privileges, or any other disciplinary action for
conduct that might constitute grounds for disciplinary action by
the office under this chapter. The institution, organization,
or governmental entity shall also report the resignation of any
unlicensed mental health practitioners prior to the conclusion
of any disciplinary action proceeding for conduct that might
constitute grounds for disciplinary action under this chapter,
or prior to the commencement of formal charges but after the
practitioner had knowledge that formal charges were contemplated
or were being prepared.
Subd. 3. [PROFESSIONAL SOCIETIES.] A state or local
professional society for unlicensed mental health practitioners
shall report to the office of mental health practice any
termination, revocation, or suspension of membership or any
other disciplinary action taken against an unlicensed
practitioner. If the society has received a complaint that
might be grounds for discipline under this chapter against a
member on which it has not taken any disciplinary action, the
society shall report the complaint and the reason why it has not
taken action on it or shall direct the complainant to the office
of mental health practice.
Subd. 4. [LICENSED PROFESSIONALS.] A licensed health
professional shall report to the office of mental health
practice personal knowledge of any conduct that the licensed
health professional reasonably believes constitutes grounds for
disciplinary action under this chapter by any unlicensed mental
health practitioner, including conduct indicating that the
individual may be medically incompetent, or may be medically or
physically unable to engage safely in the provision of
services. If the information was obtained in the course of a
client relationship, the client is an unlicensed mental health
practitioner, and the treating individual successfully counsels
the other practitioner to limit or withdraw from practice to the
extent required by the impairment, the office may deem this
limitation of or withdrawal from practice to be sufficient
disciplinary action.
Subd. 5. [INSURERS.] Four times each year as prescribed by
the commissioner, each insurer authorized to sell insurance
described in section 60A.06, subdivision 1, clause (13), and
providing professional liability insurance to unlicensed mental
health practitioners or the medical joint underwriting
association under chapter 62F, shall submit to the office of
mental health practice a report concerning the unlicensed mental
health practitioners against whom malpractice settlements or
awards have been made. The response must contain at least the
following information:
(1) the total number of malpractice settlements or awards
made;
(2) the date the malpractice settlements or awards were
made;
(3) the allegations contained in the claim or complaint
leading to the settlements or awards made;
(4) the dollar amount of each malpractice settlement or
award;
(5) the regular address of the practice of the unlicensed
practitioner against whom an award was made or with whom a
settlement was made; and
(6) the name of the unlicensed practitioner against whom an
award was made or with whom a settlement was made.
The insurance company shall, in addition to the above
information, submit to the office of mental health practice any
information, records, and files, including clients' charts and
records, it possesses that tend to substantiate a charge that an
unlicensed mental health practitioner may have engaged in
conduct violating this chapter.
Subd. 6. [COURTS.] The court administrator of district
court or any other court of competent jurisdiction shall report
to the office of mental health practice any judgment or other
determination of the court that adjudges or includes a finding
that an unlicensed mental health practitioner is mentally ill,
mentally incompetent, guilty of a felony, guilty of a violation
of federal or state narcotics laws or controlled substances act,
or guilty of abuse or fraud under Medicare or Medicaid; or that
appoints a guardian of the unlicensed mental health practitioner
under sections 525.54 to 525.61 or commits an unlicensed mental
practitioner under chapter 253B or sections 526.09 to 526.11.
Subd. 7. [SELF-REPORTING.] An unlicensed mental health
practitioner shall report to the office of mental health
practice any personal action that would require that a report be
filed with the office by any person, health care facility,
business, or organization pursuant to subdivisions 2 to 5. The
practitioner shall also report the revocation, suspension,
restriction, limitation, or other disciplinary action against
the mental health practitioner's license, certificate,
registration, or right of practice in another state or
jurisdiction, for offenses that would be subject to disciplinary
action in this state and also report the filing of charges
regarding the practitioner's license, certificate, registration,
or right of practice in another state or jurisdiction.
Subd. 8. [DEADLINES; FORMS.] Reports required by
subdivisions 2 to 7 must be submitted not later than 30 days
after the reporter learns of the occurrence of the reportable
event or transaction. The office of mental health practice may
provide forms for the submission of reports required by this
section, may require that reports be submitted on the forms
provided, and may adopt rules necessary to assure prompt and
accurate reporting.
Sec. 54. [148B.64] [IMMUNITY.]
Subdivision 1. [REPORTING.] Any person, health care
facility, business, or organization is immune from civil
liability or criminal prosecution for submitting a report to the
office of mental health practice, for otherwise reporting to the
office violations or alleged violations of this chapter, or for
cooperating with an investigation of a report, except as
provided in this subdivision. Any person who knowingly or
recklessly makes a false report is liable in a civil suit for
any actual damages suffered by the person or persons so reported
and for any punitive damages set by the court or jury. An
action requires clear and convincing evidence that the defendant
made the statement with knowledge of falsity or with reckless
disregard for its truth or falsity. The report or statement or
any statement made in cooperation with an investigation or as
part of a disciplinary proceeding is privileged except in an
action brought under this subdivision.
Subd. 2. [INVESTIGATION.] The commissioner and employees
of the department of health, members of the advisory council on
mental health practice, and other persons engaged in the
investigation of violations and in the preparation,
presentation, and management of and testimony pertaining to
charges of violations of this chapter are absolutely immune from
civil liability and criminal prosecution for any actions,
transactions, or publications in the execution of, or relating
to, their duties under this chapter.
Sec. 55. [148B.65] [DISCIPLINARY RECORD ON JUDICIAL
REVIEW.]
Upon judicial review of any disciplinary action taken by
the commissioner under this chapter, the reviewing court shall
seal the administrative record, except for the commissioner's
final decision, and shall not make the administrative record
available to the public.
Sec. 56. [148B.66] [PROFESSIONAL COOPERATION.]
Subdivision 1. [COOPERATION.] An unlicensed mental health
practitioner who is the subject of an investigation, or who is
questioned in connection with an investigation, by or on behalf
of the office of mental health practice shall cooperate fully
with the investigation. Cooperation includes responding fully
and promptly to any question raised by or on behalf of the
office relating to the subject of the investigation and
providing copies of client records, as reasonably requested by
the office, to assist the office in its investigation, and
appearing at conferences or hearings scheduled by the
commissioner. If the office does not have a written consent
from a client permitting access to the client's records, the
unlicensed mental health practitioner shall delete any data in
the record that identifies the client before providing it to the
board. The office shall maintain any records obtained pursuant
to this section as investigative data pursuant to section
13.41. If an unlicensed mental health practitioner refuses to
give testimony or produce any documents, books, records, or
correspondence on the basis of the fifth amendment to the
Constitution of the United States, the commissioner may compel
the unlicensed mental health practitioner to provide the
testimony or information; however, the testimony or evidence may
not be used against the practitioner in any criminal proceeding.
Challenges to requests of the office may be brought before the
appropriate agency or court.
Subd. 2. [CLASSIFICATION OF DATA.] The commissioner shall
maintain any records, other than client records, obtained as
part of an investigation, as investigative data under section
13.41. Client records are classified as private under chapter
13 and must be protected as such in the records of the office
and in any administrative or judicial proceeding unless the
client authorizes the office in writing to make public the
identity of the client or a portion or all of the client's
records.
Sec. 57. [148B.67] [PROFESSIONAL ACCOUNTABILITY.]
The office of mental health practice shall maintain and
keep current a file containing the reports and complaints filed
against unlicensed mental health practitioners within the
commissioner's jurisdiction. Each complaint filed with the
office must be investigated. If the files maintained by the
office show that a malpractice settlement or award has been made
against an unlicensed mental health practitioner, as reported by
insurers under section 148B.63, subdivision 5, the commissioner
may authorize a review of the practitioner's practice by the
staff of the office of mental health practice.
Sec. 58. [148B.68] [PROHIBITED CONDUCT.]
Subdivision 1. [PROHIBITED CONDUCT.] The commissioner may
impose disciplinary action as described in section 148B.69
against any unlicensed mental health practitioner. The
following conduct is prohibited and is grounds for disciplinary
action:
(a) Conviction of a crime, including a finding or verdict
of guilt, an admission of guilt, or a no contest plea, in any
court in Minnesota or any other jurisdiction in the United
States, reasonably related to the provision of mental health
services. Conviction, as used in this subdivision, includes a
conviction of an offense which, if committed in this state,
would be deemed a felony or gross misdemeanor without regard to
its designation elsewhere, or a criminal proceeding where a
finding or verdict of guilty is made or returned but the
adjudication of guilt is either withheld or not entered.
(b) Conviction of crimes against persons. For purposes of
this chapter, a crime against a person means violations of the
following: sections 609.185; 609.19; 609.195; 609.20; 609.205;
609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 609.23;
609.231; 609.235; 609.24; 609.245; 609.25; 609.255; 609.26,
subdivision 1, clause (1) or (2); 609.265; 609.342; 609.343;
609.344; 609.345; 609.365; 609.498, subdivision 1; 609.50,
clause (1); 609.561; 609.562; and 609.595.
(c) Failure to comply with the self-reporting requirements
of section 148B.63, subdivision 6.
(d) Engaging in sexual contact with a client or former
client as defined in section 148A.01, or engaging in contact
that may be reasonably interpreted by a client as sexual, or
engaging in any verbal behavior that is seductive or sexually
demeaning to the patient, or engaging in sexual exploitation of
a client or former client.
(e) Advertising that is false, fraudulent, deceptive, or
misleading.
(f) Conduct likely to deceive, defraud, or harm the public;
or demonstrating a willful or careless disregard for the health,
welfare, or safety of a client; or any other practice that may
create unnecessary danger to any client's life, health, or
safety, in any of which cases, proof of actual injury need not
be established.
(g) Adjudication as mentally incompetent, or as a person
who has a psychopathic personality as defined in section 526.09,
or who is dangerous to self, or adjudication pursuant to chapter
253B, as chemically dependent, mentally ill, mentally retarded,
or mentally ill and dangerous to the public.
(h) Inability to provide mental health services with
reasonable safety to clients.
(i) The habitual overindulgence in the use of or the
dependence on intoxicating liquors.
(j) Improper or unauthorized personal or other use of any
legend drugs as defined in chapter 151, any chemicals as defined
in chapter 151, or any controlled substance as defined in
chapter 152.
(k) Revealing a communication from, or relating to, a
client except when otherwise required or permitted by law.
(l) Failure to comply with a client's request made under
section 144.335, or to furnish a client record or report
required by law.
(m) Splitting fees or promising to pay a portion of a fee
to any other professional other than for services rendered by
the other professional to the client.
(n) Engaging in abusive or fraudulent billing practices,
including violations of the federal Medicare and Medicaid laws
or state medical assistance laws.
(o) Failure to make reports as required by section 148B.63,
or cooperate with an investigation of the office.
(p) Obtaining money, property, or services from a client,
other than reasonable fees for services provided to the client,
through the use of undue influence, harassment, duress,
deception, or fraud.
(q) Undertaking or continuing a professional relationship
with a client in which the objectivity of the professional would
be impaired.
(r) Failure to provide the client with a copy of the client
bill of rights or violation of any provision of the client bill
of rights.
(s) Violating any order issued by the commissioner.
(t) Failure to comply with sections 148B.60 to 148B.71, and
the rules adopted under those sections.
(u) Failure to comply with any additional disciplinary
grounds established by the commissioner by rule.
Subd. 2. [EVIDENCE.] In disciplinary actions alleging a
violation of subdivision 1, paragraph (a), (b), (c), or (g), a
copy of the judgment or proceeding under the seal of the court
administrator or of the administrative agency that entered the
same is admissible into evidence without further authentication
and constitutes prima facie evidence of its contents.
Subd. 3. [EXAMINATION; ACCESS TO MEDICAL DATA.] (a) If the
commissioner has probable cause to believe that an unlicensed
mental health practitioner has engaged in conduct prohibited by
subdivision 1, paragraph (g), (h), (i), or (j), the commissioner
may issue an order directing the practitioner to submit to a
mental or physical examination or chemical dependency
evaluation. For the purpose of this subdivision, every
unlicensed mental health practitioner is deemed to have
consented to submit to a mental or physical examination or
chemical dependency evaluation when ordered to do so in writing
by the commissioner of health and further to have waived all
objections to the admissibility of the testimony or examination
reports of the health care provider performing the examination
or evaluation on the grounds that the same constitute a
privileged communication. Failure of an unlicensed mental
health practitioner to submit to an examination or evaluation
when ordered, unless the failure was due to circumstances beyond
the practitioner's control, constitutes an admission that the
unlicensed mental health practitioner violated subdivision 1,
paragraph (g), (h), (i), or (j), based on the factual
specifications in the examination or evaluation order and may
result in a default and final disciplinary order being entered
after a contested case hearing. An unlicensed mental health
practitioner affected under this paragraph shall at reasonable
intervals be given an opportunity to demonstrate that the
practitioner can resume the provision of mental health services
with reasonable safety to clients. In any proceeding under this
paragraph, neither the record of proceedings nor the orders
entered by the commissioner shall be used against a mental
health practitioner in any other proceeding.
(b) In addition to ordering a physical or mental
examination or chemical dependency evaluation, the commissioner
may, notwithstanding section 13.42, 144.651, 595.02, or any
other law limiting access to medical or other health data,
obtain medical data and health records relating to an unlicensed
mental health practitioner without the practitioner's consent if
the commissioner has probable cause to believe that a
practitioner has engaged in conduct prohibited by subdivision 1,
paragraph (g), (h), (i), or (j). The medical data may be
requested from a health care professional, as defined in section
144.335, subdivision 1, paragraph (b), an insurance company, or
a government agency, including the department of human
services. A health care professional, insurance company, or
government agency shall comply with any written request of the
commissioner under this subdivision and is not liable in any
action for damages for releasing the data requested by the
commissioner if the data are released pursuant to a written
request under this subdivision, unless the information is false
and the person or organization giving the information knew, or
had reason to believe, the information was false. Information
obtained under this subdivision is private data under section
13.41.
Sec. 59. [148B.69] [DISCIPLINARY ACTIONS.]
Subdivision 1. [FORMS OF DISCIPLINARY ACTION.] When the
commissioner finds that an unlicensed mental health practitioner
has violated a provision or provisions of this chapter, the
commissioner may take one or more of the following actions, only
against the individual practitioner:
(1) revoke the right to practice;
(2) suspend the right to practice;
(3) impose limitations or conditions on the practitioner's
provision of mental health services, the imposition of
rehabilitation requirements, or the requirement of practice
under supervision;
(4) impose a civil penalty not exceeding $10,000 for each
separate violation, the amount of the civil penalty to be fixed
so as to deprive the practitioner of any economic advantage
gained by reason of the violation charged or to reimburse the
office of mental health practice for all costs of the
investigation and proceeding;
(5) order the practitioner to provide unremunerated
professional service under supervision at a designated public
hospital, clinic, or other health care institution;
(6) censure or reprimand the practitioner;
(7) impose a fee on the practitioner to reimburse the
office for all or part of the cost of the proceedings resulting
in disciplinary action including, but not limited to, the amount
paid by the office for services from the office of
administrative hearings, attorney fees, court reports,
witnesses, reproduction of records, advisory council members'
per diem compensation, staff time, and expense incurred by
advisory council members and staff of the office of mental
health practice; or
(8) any other action justified by the case.
Subd. 2. [DISCOVERY; SUBPOENAS.] In all matters relating
to the lawful activities of the office of mental health
practice, the commissioner of health may issue subpoenas and
compel the attendance of witnesses and the production of all
necessary papers, books, records, documents, and other
evidentiary material. Any person failing or refusing to appear
or testify regarding any matter about which the person may be
lawfully questioned or failing to produce any papers, books,
records, documents, or other evidentiary materials in the matter
to be heard, after having been required by order of the
commissioner or by a subpoena of the commissioner to do so may,
upon application to the district court in any district, be
ordered to comply with the order or subpoena. The commissioner
of health may administer oaths to witnesses or take their
affirmation. Depositions may be taken within or without the
state in the manner provided by law for the taking of
depositions in civil actions. A subpoena or other process or
paper may be served upon a person it names anywhere within the
state by any officer authorized to serve subpoenas or other
process or paper in civil actions, in the same manner as
prescribed by law for service of process issued out of the
district court of this state.
Subd. 3. [REINSTATEMENT.] The commissioner may at the
commissioner's discretion reinstate the right to practice and
may impose any disciplinary measure listed under subdivision 1.
Subd. 4. [TEMPORARY SUSPENSION.] In addition to any other
remedy provided by law, the commissioner may, acting through a
person to whom the commissioner has delegated this authority and
without a hearing, temporarily suspend the right of an
unlicensed mental health practitioner to practice if the
commissioner's delegate finds that the practitioner has violated
a statute or rule that the commissioner is empowered to enforce
and continued practice by the practitioner would create a
serious risk of harm to others. The suspension is in effect
upon service of a written order on the practitioner specifying
the statute or rule violated. The order remains in effect until
the commissioner issues a final order in the matter after a
hearing or upon agreement between the commissioner and the
practitioner. Service of the order is effective if the order is
served on the practitioner or counsel of record personally or by
first class mail. Within ten days of service of the order, the
commissioner shall hold a hearing on the sole issue of whether
there is a reasonable basis to continue, modify, or lift the
suspension. Evidence presented by the office or practitioner
shall be in affidavit form only. The practitioner or the
counsel of record may appear for oral argument. Within five
working days after the hearing, the commissioner shall issue the
commissioner's order and, if the suspension is continued,
schedule a contested case hearing within 45 days after issuance
of the order. The administrative law judge shall issue a report
within 30 days after closing of the contested case hearing
record. The commissioner shall issue a final order within 30
days after receipt of that report.
Subd. 5. [AUTOMATIC SUSPENSION.] The right to practice is
automatically suspended if (1) a guardian of an unlicensed
mental health practitioner is appointed by order of a probate
court under sections 525.54 to 525.61, or (2) the practitioner
is committed by order of a probate court pursuant to chapter
253B or sections 526.09 to 526.11. The right to practice
remains suspended until the practitioner is restored to capacity
by a court and, upon petition by the practitioner, the
suspension is terminated by the commissioner after a hearing or
upon agreement between the commissioner and the practitioner.
Subd. 6. [PUBLIC EMPLOYEES.] Notwithstanding subdivision
1, the commissioner must not take disciplinary action against an
employee of the state or a political subdivision of the state.
If, after an investigation conducted in compliance with and with
the authority granted under sections 148B.60 to 148B.71, the
commissioner determines that the employee violated a provision
or provisions of this chapter, the commissioner shall report to
the employee's employer the commissioner's findings and the
actions the commissioner recommends that the employer take. The
commissioner's recommendations are not binding on the employer.
Sec. 60. [148B.70] [ADDITIONAL REMEDIES.]
Subdivision 1. [CEASE AND DESIST.] The commissioner of
health may issue a cease and desist order to stop a person from
violating or threatening to violate a statute, rule, or order
which the office of mental health practice has issued or is
empowered to enforce. The cease and desist order must state the
reason for its issuance and give notice of the person's right to
request a hearing under sections 14.57 to 14.62. If, within 15
days of service of the order, the subject of the order fails to
request a hearing in writing, the order is the final order of
the commissioner and is not reviewable by a court or agency.
A hearing must be initiated by the office of mental health
practice not later than 30 days from the date of the office's
receipt of a written hearing request. Within 30 days of receipt
of the administrative law judge's report, the commissioner shall
issue a final order modifying, vacating, or making permanent the
cease and desist order as the facts require. The final order
remains in effect until modified or vacated by the commissioner.
When a request for a stay accompanies a timely hearing
request, the commissioner may, in the commissioner's discretion,
grant the stay. If the commissioner does not grant a requested
stay, the commissioner shall refer the request to the office of
administrative hearings within three working days of receipt of
the request. Within ten days after receiving the request from
the commissioner, an administrative law judge shall issue a
recommendation to grant or deny the stay. The commissioner
shall grant or deny the stay within five days of receiving the
administrative law judge's recommendation.
In the event of noncompliance with a cease and desist
order, the commissioner may institute a proceeding in Hennepin
county district court to obtain injunctive relief or other
appropriate relief, including a civil penalty payable to the
office of mental health practice not exceeding $10,000 for each
separate violation.
Subd. 2. [INJUNCTIVE RELIEF.] In addition to any other
remedy provided by law, including the issuance of a cease and
desist order under subdivision 1, the commissioner may in the
commissioner's own name bring an action in Hennepin county
district court for injunctive relief to restrain an unlicensed
mental health practitioner from a violation or threatened
violation of any statute, rule, or order which the commissioner
is empowered to regulate, enforce, or issue. A temporary
restraining order must be granted in the proceeding if continued
activity by a practitioner would create a serious risk of harm
to others. The commissioner need not show irreparable harm.
Subd. 3. [ADDITIONAL POWERS.] The issuance of a cease and
desist order or injunctive relief granted under this section
does not relieve a practitioner from criminal prosecution by a
competent authority or from disciplinary action by the
commissioner.
Sec. 61. [148B.71] [MENTAL HEALTH CLIENT BILL OF RIGHTS.]
Subdivision 1. [SCOPE.] All unlicensed mental health
practitioners other than those providing services in a facility
regulated under section 144.651 or a government agency shall
provide to each client prior to providing treatment a written
copy of the mental health client bill of rights. A copy must
also be posted in a prominent location in the office of the
mental health practitioner. Reasonable accommodations shall be
made for those clients who cannot read or who have communication
impairments and those who do not read or speak English. The
mental health client bill of rights shall include the following:
(a) the name, title, business address, and telephone number
of the practitioner;
(b) the degrees, training, experience, or other
qualifications of the practitioner, followed by the following
statement in bold print:
"THE STATE OF MINNESOTA HAS NOT ADOPTED UNIFORM EDUCATIONAL
AND TRAINING STANDARDS FOR ALL MENTAL HEALTH PRACTITIONERS.
THIS STATEMENT OF CREDENTIALS IS FOR INFORMATION PURPOSES ONLY."
(c) the name, business address, and telephone number of the
practitioner's supervisor, if any;
(d) notice that a client has the right to file a complaint
with the practitioner's supervisor, if any, and the procedure
for filing complaints;
(e) the name, address, and telephone number of the office
of mental health practice and notice that a client may file
complaints with the office;
(f) the practitioner's fees per unit of service, the
practitioner's method of billing for such fees, the names of any
insurance companies that have agreed to reimburse the
practitioner, or health maintenance organizations with whom the
practitioner contracts to provide service, whether the
practitioner accepts Medicare, medical assistance, or general
assistance medical care, and whether the practitioner is willing
to accept partial payment, or to waive payment, and in what
circumstances;
(g) a statement that the client has a right to reasonable
notice of changes in services or charges;
(h) a brief summary, in plain language, of the theoretical
approach used by the practitioner in treating patients;
(i) notice that the client has a right to complete and
current information concerning the practitioner's assessment and
recommended course of treatment, including the expected duration
of treatment;
(j) a statement that clients may expect courteous treatment
and to be free from verbal, physical, or sexual abuse by the
practitioner;
(k) a statement that client records and transactions with
the practitioner are confidential, unless release of these
records is authorized in writing by the client, or otherwise
provided by law;
(l) a statement of the client's right to be allowed access
to records and written information from records in accordance
with section 144.335;
(m) a statement that other services may be available in the
community, including where information concerning services is
available;
(n) a statement that the client has the right to choose
freely among available practitioners, and to change
practitioners after services have begun, within the limits of
health insurance, medical assistance, or other health programs;
(o) a statement that the client has a right to coordinated
transfer when there will be a change in the provider of
services;
(p) a statement that the client may refuse services or
treatment, unless otherwise provided by law; and
(q) a statement that the client may assert the client's
rights without retaliation.
Subd. 2. [ACKNOWLEDGMENT BY CLIENT.] Prior to the
provision of any service, the client must sign a written
statement attesting that the client has received the client bill
of rights.
Sec. 62. [148B.72] [EXPENSES.]
The expenses of administering the office of mental health
practice under sections 148B.60 to 148B.71 must be recovered by
transferring to the commissioner a portion of the surplus of the
fees collected by the health-related licensing boards and by
assessing a fee surcharge on the indirect costs charged to each
health-related licensing board. At the end of each biennium,
the commissioner of finance shall identify the amount of any
surplus remaining in the state government special revenue fund
of the license fees collected by the health-related licensing
boards. The commissioner of finance shall also determine a
reasonable amount of the surplus that must remain in the state
government special revenue fund as a cash flow reserve. Any
surplus remaining in the account in excess of the cash flow
reserve that is attributable to health-related licensing board
collections must be transferred to the commissioner of health
for the office of mental health practice for the next biennium,
not to exceed the amount of the legislative appropriation for
the office. At the end of each biennium, the commissioner of
health shall determine the amount of the health-related
licensing board surcharge for the next biennium that must be
assessed in order to cover the costs of administering the office
of mental health practice, after deducting the amount of any
surplus transferred from the state government special revenue
fund. The fee surcharge must be based on a percentage of the
indirect costs charged to each health-related licensing board.
The total amount collected through the surcharge must not exceed
the amount of the legislative appropriation from the state
government special revenue fund minus any surplus transferred
from the special revenue fund, except that the commissioner may
recover the costs of initial rulemaking and other one-time
expenses over a four-year period. The commissioner of health
and the commissioner of finance shall determine the amount of
the surcharge without adopting rules.
Sec. 63. Minnesota Statutes 1990, section 157.031,
subdivision 2, is amended to read:
Subd. 2. [REGISTRATION.] A board and lodging establishment
that provides supportive services or health supervision services
must register with the commissioner by September 1, 1989. The
registration must include the name, address, and telephone
number of the establishment, the types of services that are
being provided, a description of the residents being served, the
type and qualifications of staff in the facility, and other
information that is necessary to identify the needs of the
residents and the types of services that are being provided.
The commissioner shall develop and furnish to the board and
lodging establishment the necessary form for submitting the
registration. The requirement for registration is effective
until the special license rules required by subdivision
5 sections 144B.01 to 144B.17 are effective.
Sec. 64. Minnesota Statutes 1990, section 157.031,
subdivision 3, is amended to read:
Subd. 3. [RESTRICTION ON THE PROVISION OF SERVICES.]
Effective September 1, 1989, and until one year after the rules
required under subdivision 5 sections 144B.01 to 144B.17 are
adopted, a board and lodging establishment registered under
subdivision 2 may provide health supervision services only if a
licensed nurse is on site in the facility for at least four
hours a week to provide supervision and health monitoring of the
residents. A board and lodging facility that admits or retains
residents using wheelchairs or walkers must have the necessary
clearances from the office of the state fire marshal.
Sec. 65. Minnesota Statutes 1990, section 157.031,
subdivision 4, is amended to read:
Subd. 4. [SPECIAL LICENSE RESIDENTIAL CARE HOME LICENSE
REQUIRED.] Upon adoption of the rules required by subdivision 5
sections 144B.01 to 144B.17, a board and lodging
establishment registered under subdivision 2, that provides
either supportive care or health supervision services must
obtain a special residential care home license from the
commissioner within one year from the adoption of those
rules. The special license is required until rules resulting
from the recommendations made in accordance with Laws 1989,
chapter 282, article 2, section 213, are implemented.
Sec. 66. Minnesota Statutes 1990, section 157.031,
subdivision 9, is amended to read:
Subd. 9. [VIOLATIONS.] The commissioner may revoke both
the special service license, when issued, and the establishment
license, if the establishment is found to be in violation of
this section. Violation of this section is a gross misdemeanor.
Sec. 67. Minnesota Statutes 1990, section 214.04,
subdivision 3, is amended to read:
Subd. 3. The executive director of each health-related
board and the executive secretary of each non-health-related
board shall be the chief administrative officer for the board
but shall not be a member of the board. The executive director
or executive secretary shall maintain the records of the board,
account for all fees received by it, supervise and direct
employees servicing the board, and perform other services as
directed by the board. The executive directors, executive
secretaries, and other employees of the following boards shall
be hired by the board, and the executive directors or executive
secretaries shall be in the unclassified civil service, except
as provided in this subdivision:
(1) dentistry;
(2) medical examiners;
(3) nursing;
(4) pharmacy;
(5) accountancy;
(6) architecture, engineering, land surveying, and
landscape architecture;
(7) barber examiners;
(8) cosmetology;
(9) electricity;
(10) teaching;
(11) peace officer standards and training;
(12) social work; and
(13) marriage and family therapy;
(14) unlicensed mental health service providers; and
(15) office of social work and mental health boards.
The executive directors or executive secretaries serving
the boards are hired by those boards and are in the unclassified
civil service, except for part-time executive directors or
executive secretaries, who are not required to be in the
unclassified service. Boards not requiring full-time executive
directors or executive secretaries may employ them on a
part-time basis. To the extent practicable, the sharing of
part-time executive directors or executive secretaries by boards
being serviced by the same department is encouraged. Persons
providing services to those boards not listed in this
subdivision, except executive directors or executive secretaries
of the boards and employees of the attorney general, are
classified civil service employees of the department servicing
the board. To the extent practicable, the commissioner shall
ensure that staff services are shared by the boards being
serviced by the department. If necessary, a board may hire
part-time, temporary employees to administer and grade
examinations.
Sec. 68. Minnesota Statutes 1990, section 256I.04, is
amended by adding a subdivision to read:
Subd. 3. [MORATORIUM ON THE DEVELOPMENT OF NEGOTIATED RATE
BEDS.] County agencies shall not enter into agreements for new
general assistance or Minnesota supplemental aid negotiated rate
beds except: (1) for adult foster homes licensed by the
commissioner of human services under Minnesota Rules, parts
9555.5105 to 9555.6265; (2) for facilities licensed under
Minnesota Rules, parts 9525.0215 to 9525.0355, provided the
facility is needed to meet the census reduction targets for
persons with mental retardation or related conditions at
regional treatment centers; (3) to ensure compliance with the
federal Omnibus Budget Reconciliation Act alternative
disposition plan requirements for inappropriately placed persons
with mental retardation or related conditions or mental illness;
or (4) for up to five handicapped accessible beds in a facility
that serves primarily persons with a mental illness or chemical
dependency that began construction to add space for the new beds
before April 1, 1991, and will complete construction or
remodeling by December 1, 1991.
Sec. 69. Minnesota Statutes 1990, section 268A.03, is
amended to read:
268A.03 [POWERS AND DUTIES.]
The commissioner shall:
(a) certify the rehabilitation facilities to offer extended
employment programs, grant funds to the extended employment
programs, and perform the duties as specified in section
268A.09;
(b) provide vocational rehabilitation services to persons
with disabilities in accordance with the state plan for
vocational rehabilitation. These services include but are not
limited to: diagnostic and related services incidental to
determination of eligibility for services to be provided,
including medical diagnosis and vocational diagnosis; vocational
counseling, training and instruction, including personal
adjustment training; physical restoration, including corrective
surgery, therapeutic treatment, hospitalization and prosthetic
and orthotic devices, all of which shall be obtained from
appropriate established agencies; transportation; occupational
and business licenses or permits, customary tools and equipment;
maintenance; books, supplies, and training materials; initial
stocks and supplies; placement; on-the-job skill training and
time-limited postemployment services leading to supported
employment; acquisition of vending stands or other equipment,
initial stocks and supplies for small business enterprises;
supervision and management of small business enterprises,
merchandising programs, or services rendered by severely
disabled persons. Persons with a disability are entitled to
free choice of vendor for any medical, dental, prosthetic, or
orthotic services provided under this paragraph;
(c) expend funds and provide technical assistance for the
establishment, improvement, maintenance, or extension of public
and other nonprofit rehabilitation facilities or centers;
(d) formulate plans of cooperation with the commissioner of
labor and industry for providing services to workers covered
under the workers' compensation act;
(e) maintain a contractual or regulatory relationship with
the United States as authorized by the Social Security Act, as
amended. Under this relationship, the state will undertake to
make determinations referred to in those public laws with
respect to all individuals in Minnesota, or with respect to a
class or classes of individuals in this state that is designated
in the agreement at the state's request. It is the purpose of
this relationship to permit the citizens of this state to obtain
all benefits available under federal law;
(f) provide an in-service training program for division of
rehabilitation services employees by paying for its direct costs
with state and federal funds;
(g) conduct research and demonstration projects; provide
training and instruction, including establishment and
maintenance of research fellowships and traineeships, along with
all necessary stipends and allowances; disseminate information
to persons with a disability and the general public; and provide
technical assistance relating to vocational rehabilitation and
independent living;
(h) receive and disburse pursuant to law money and gifts
available from governmental and private sources including, but
not limited to, the federal Department of Education and the
Social Security Administration, for the purpose of vocational
rehabilitation or independent living. Money received from
workers' compensation carriers for vocational rehabilitation
services to injured workers must be deposited in the general
fund;
(i) design all state plans for vocational rehabilitation or
independent living services required as a condition to the
receipt and disbursement of any money available from the federal
government;
(j) cooperate with other public or private agencies or
organizations for the purpose of vocational rehabilitation or
independent living. Money received from school districts,
governmental subdivisions, mental health centers or boards, and
private nonprofit organizations is appropriated to the
commissioner for conducting joint or cooperative vocational
rehabilitation or independent living programs;
(k) enter into contractual arrangements with
instrumentalities of federal, state, or local government and
with private individuals, organizations, agencies, or facilities
with respect to providing vocational rehabilitation or
independent living services;
(l) take other actions required by state and federal
legislation relating to vocational rehabilitation, independent
living, and disability determination programs;
(m) hire staff and arrange services and facilities
necessary to perform the duties and powers specified in this
section; and
(n) adopt, amend, suspend, or repeal rules necessary to
implement or make specific programs that the commissioner by
sections 268A.01 to 268A.10 is empowered to administer; and
(o) contact any person with traumatic brain injury or
spinal cord injury reported by the commissioner of health under
section 144.664, subdivision 3, and notify the person, or the
person's parent or guardian if the person is a minor or is
mentally incompetent, of services available to the person,
eligibility requirements and application procedures for public
programs, and other information the commissioner believes may be
helpful to the person to make appropriate use of available
rehabilitation services.
Sec. 70. [TRANSFER OF JURISDICTION FOR DISCIPLINARY
ACTIONS TAKEN AGAINST UNLICENSED MENTAL HEALTH PRACTITIONERS.]
Subdivision 1. [COOPERATION.] During the transition period
prior to the sunset of the board of unlicensed mental health
service providers and the establishment of the office of mental
health practice on July 1, 1991, members of the board, staff
persons employed by the board, and the office of social work and
mental health boards shall provide all necessary assistance to
the office of the attorney general to complete as many
investigations and disciplinary actions on pending complaints as
possible prior to the sunset of the board. The board members
and staff of the board of unlicensed mental health service
providers and the office of social work and mental health boards
shall consult with and offer all necessary assistance to the
commissioner of health in transferring pending complaints to the
office of mental health practice and in implementing all other
aspects of Minnesota Statutes, sections 148B.60 to 148B.71.
Actions must be undertaken to ensure that complaints and
investigations against unlicensed mental health practitioners
pending before the board continue to receive attention during
the transition period. As of July 1, 1991, jurisdiction of all
open complaints still pending before the board as of June 30,
1991, is transferred to the commissioner of health who has the
right to proceed on them under the authority granted to the
commissioner in Minnesota Statutes, sections 148B.60 to 148B.71.
Jurisdiction of all new complaints brought against unlicensed
mental health practitioners on or after July 1, 1991, rests with
the office of mental health practice, established under
Minnesota Statutes, section 148B.61. The transfer of records,
pending complaints, and other data shall be completed no later
than June 30, 1991.
Subd. 2. [TRANSFER OF RULES.] The rules adopted by the
board of unlicensed mental health service providers are
transferred to the commissioner of health and must be used by
the office of mental health practice until the commissioner
adopts new rules.
Subd. 3. [TRANSFER OF POWERS AND DUTIES.] The powers and
duties of the board of unlicensed mental health service
providers are transferred to the commissioner of health pursuant
to Minnesota Statutes, section 15.039, effective July 1, 1991.
Sec. 71. [FILING FEES NONREFUNDABLE.]
Filing fees paid to the board of unlicensed mental health
service providers by unlicensed mental health service providers
prior to June 30, 1991, are nonrefundable. Any balance held by
the board of unlicensed mental health service providers as of
June 30, 1991, shall be transferred to the department of health
for the operation of the office of mental health practice no
later than June 30, 1991.
Sec. 72. [TRANSFER OF DATA AND RECORDS.]
By June 30, 1992, the board of unlicensed mental health
service providers shall transfer to the office of mental health
practice all data and records obtained by the board as
investigative data under Minnesota Statutes, section 148B.09,
subdivision 1, and all other data gathered by the board.
Sec. 73. [REPORT TO THE LEGISLATURE.]
By February 1, 1992, the commissioner shall report to the
legislature on the implementation of Minnesota Statutes,
sections 144B.01 to 144B.16. This report must include a
description of the provisions included in rules required under
those sections and an estimate of the expected fiscal impact to
the state of adopting those rules.
Sec. 74. [REVISOR INSTRUCTION.]
In the next edition of Minnesota Statutes, the revisor
shall delete the terms "individual," "individuals," "regulated
individual," "regulated individuals," and "regulated
individual's" wherever found in Minnesota Statutes, sections
148B.04, subdivision 3; 148B.05, subdivision 2; 148B.06,
subdivision 2; 148B.07, subdivisions 2, 3, 5, and 6; 148B.09;
148B.11; 148B.13; and 148B.15, and insert the term "licensee,"
"licensees," or "licensee's" as appropriate.
Sec. 75. [REPEALER.]
Subdivision 1. [RESIDENTIAL CARE HOMES.] Minnesota
Statutes 1990, section 157.031, subdivision 5, is repealed
effective the day following final enactment.
Subd. 2. [UNLICENSED MENTAL HEALTH
PRACTITIONERS.] Minnesota Statutes 1990, sections 148B.01,
subdivisions 2, 5, and 6; 148B.02; 148B.16; 148B.171; 148B.40;
148B.41; 148B.42; 148B.43; 148B.44; 148B.45; 148B.46; 148B.47;
and 148B.48, are repealed effective July 1, 1991.
Sec. 76. [EFFECTIVE DATES.]
Sections 14 to 25, 27 to 30, 47, 63 to 66, 68, and 70 to 73
are effective the day after final enactment. Sections 12, 13,
and 26 are effective upon the effective date of rules adopted by
the commissioner of health for licensure of residential care
homes.
ARTICLE 3
MISCELLANEOUS SOCIAL SERVICES PROGRAMS
Section 1. Minnesota Statutes 1990, section 3.922,
subdivision 3, is amended to read:
Subd. 3. [COMPENSATION; EXPENSES; EXPIRATION.]
Compensation of nonlegislator members is as provided in section
15.059. Expenses of the council shall be approved by two of any
three members of the council designated by the council and then
be paid in the same manner as other state expenses. The
executive secretary shall inform the commissioner of finance in
writing of the names of the persons authorized to approve
expenses. The council expires on June 30, 1993.
Sec. 2. Minnesota Statutes 1990, section 3.922,
subdivision 8, is amended to read:
Subd. 8. [ADVISORY COUNCIL.] An advisory council on urban
Indians is created to advise the board on the unique problems
and concerns of Minnesota Indians who reside in urban areas of
the state. The council shall be appointed by the board and
consist of five Indians residing in the vicinity of Minneapolis,
St. Paul, and Duluth. At least one member of the council shall
be a resident of each city. The terms, compensation, and
removal of members are as provided in section 15.059. The
council expires on June 30, 1993.
Sec. 3. Minnesota Statutes 1990, section 3.9223,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] A state council on affairs of
Spanish-speaking people is created to consist of seven members
appointed by the governor. The demographic composition of the
council members shall accurately reflect the demographic
composition of Minnesota's Spanish-speaking community, including
migrant workers, as determined by the state demographer.
Membership, terms, removal of members and filling of vacancies
are as provided in section 15.0575. Compensation of members is
as provided in section 15.059, subdivision 3. The council shall
annually elect from its membership a chair and other officers it
deems necessary. The council expires on June 30, 1993.
Sec. 4. Minnesota Statutes 1990, section 3.9225,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] A state council on Black
Minnesotans is created to consist of seven members appointed by
the governor. The members of the council shall be broadly
representative of the Black community of the state and include
at least three males and at least three females. Membership
terms, compensation, removal of members, and filling of
vacancies for nonlegislative members are as provided in section
15.059. Two members of the house of representatives appointed
by the speaker and two members of the senate appointed by the
subcommittee on committees of the committee on rules and
administration shall serve as ex officio, nonvoting members of
the council. The council shall annually elect from its
membership a chair and other officers it deems necessary. The
council expires on June 30, 1993.
Sec. 5. Minnesota Statutes 1990, section 3.9226,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] The state council on
Asian-Pacific Minnesotans consists of 15 members. Eleven
members are appointed by the governor and must be broadly
representative of the Asian-Pacific community of the state.
Terms, compensation, removal, and filling of vacancies for
appointed members are as provided in section 15.059. Two
members of the house of representatives appointed under the
rules of the house of representatives and two members of the
senate appointed under the rules of the senate shall serve as
nonvoting members of the council. The council shall annually
elect from its membership a chair and other officers it deems
necessary. The council expires on June 30, 1993.
Sec. 6. Minnesota Statutes 1990, 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. Administration and
supervision of human services activities or services includes,
but is not limited to, assuring timely and accurate distribution
of benefits, completeness of service, and quality program
management. In addition to administering and supervising human
services activities vested by law in the department, the
commissioner shall have the authority to:
(a) require county agency participation in training and
technical assistance programs to promote compliance with
statutes, rules, federal laws, regulations, and policies
governing human services;
(b) monitor, on an ongoing basis, the performance of county
agencies in the operation and administration of human services,
enforce compliance with statutes, rules, federal laws,
regulations, and policies governing welfare services and promote
excellence of administration and program operation;
(c) develop a quality control program or other monitoring
program to review county performance and accuracy of benefit
determinations;
(d) require county agencies to make an adjustment to the
public assistance benefits issued to any individual consistent
with federal law and regulation and state law and rule and to
issue or recover benefits as appropriate;
(e) delay or deny payment of all or part of the state and
federal share of benefits and administrative reimbursement
according to the procedures set forth in section 256.017; and
(f) make contracts with and grants to public and private
agencies and organizations, both profit and nonprofit, and
individuals, using appropriated funds.
(2) Inform county agencies, on a timely basis, of changes
in statute, rule, federal law, regulation, and policy necessary
to county agency administration of the programs.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) Establish and maintain any administrative units
reasonably necessary for the performance of administrative
functions common to all divisions of the department.
(8) Act as designated 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 county 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 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. For the medical assistance and AFDC programs,
disallowances 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 the
AFDC and medical assistance programs. For the food stamp
program, sanctions shall be shared by each county board, with 50
percent of the sanction being distributed to each county in the
same proportion as that county's administrative costs for food
stamps are to the total of all food stamp administrative costs
for all counties, and 50 percent of the sanctions being
distributed to each county in the same proportion as that
county's value of food stamp benefits issued are to the total of
all benefits issued for all counties. 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 $1,000,000. When the balance in the
account exceeds $400,000 $1,000,000, 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.
(16) Have the authority to make direct payments to
facilities providing shelter to women and their children
pursuant to section 256D.05, subdivision 3. Upon the written
request of a shelter facility that has been denied payments
under section 256D.05, subdivision 3, the commissioner shall
review all relevant evidence and make a determination within 30
days of the request for review regarding issuance of direct
payments to the shelter facility. Failure to act within 30 days
shall be considered a determination not to issue direct payments.
(17) Have the authority to establish and enforce the
following county reporting requirements:
(a) The commissioner shall establish fiscal and statistical
reporting requirements necessary to account for the expenditure
of funds allocated to counties for human services programs.
When establishing financial and statistical reporting
requirements, the commissioner shall evaluate all reports, in
consultation with the counties, to determine if the reports can
be simplified or the number of reports can be reduced.
(b) The county board shall submit monthly or quarterly
reports to the department as required by the commissioner.
Monthly reports are due no later than 15 working days after the
end of the month. Quarterly reports are due no later than 30
calendar days after the end of the quarter, unless the
commissioner determines that the deadline must be shortened to
20 calendar days to avoid jeopardizing compliance with federal
deadlines or risking a loss of federal funding. Only reports
that are complete, legible, and in the required format shall be
accepted by the commissioner.
(c) If the required reports are not received by the
deadlines established in clause (b), the commissioner may delay
payments and withhold funds from the county board until the next
reporting period. When the report is needed to account for the
use of federal funds and the late report results in a reduction
in federal funding, the commissioner shall withhold from the
county boards with late reports an amount equal to the reduction
in federal funding until full federal funding is received.
(d) A county board that submits reports that are late,
illegible, incomplete, or not in the required format for two out
of three consecutive reporting periods is considered
noncompliant. When a county board is found to be noncompliant,
the commissioner shall notify the county board of the reason the
county board is considered noncompliant and request that the
county board develop a corrective action plan stating how the
county board plans to correct the problem. The corrective
action plan must be submitted to the commissioner within 45 days
after the date the county board received notice of noncompliance.
(e) The final deadline for fiscal reports or amendments to
fiscal reports is one year after the date the report was
originally due. If the commissioner does not receive a report
by the final deadline, the county board forfeits the funding
associated with the report for that reporting period and the
county board must repay any funds associated with the report
received for that reporting period.
(f) The commissioner may not delay payments, withhold
funds, or require repayment under paragraph (c) or (e) if the
county demonstrates that the commissioner failed to provide
appropriate forms, guidelines, and technical assistance to
enable the county to comply with the requirements. If the
county board disagrees with an action taken by the commissioner
under paragraph (c) or (e), the county board may appeal the
action according to sections 14.57 to 14.69.
(g) Counties subject to withholding of funds under
paragraph (c) or forfeiture or repayment of funds under
paragraph (e) shall not reduce or withhold benefits or services
to clients to cover costs incurred due to actions taken by the
commissioner under paragraph (c) or (e).
(18) Allocate federal fiscal disallowances or sanctions for
audit exceptions when federal fiscal disallowances or sanctions
are based on a statewide random sample for the foster care
program under title IV-E of the Social Security Act, United
States Code, title 42, in direct proportion to each county's
title IV-E foster care maintenance claim for that period.
Sec. 7. Minnesota Statutes 1990, section 256.482,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT; MEMBERS.] There is hereby
established the council on disability which shall consist of 21
members appointed by the governor. Members shall be appointed
from the general public and from organizations which provide
services for persons who have a disability. A majority of
council members shall be persons with a disability or parents or
guardians of persons with a disability. There shall be at least
one member of the council appointed from each of the state
development regions. The commissioners of the departments of
education, human services, health, jobs and training, and human
rights and the directors of the division of rehabilitation
services and state services for the blind or their designees
shall serve as ex officio members of the council without vote.
In addition, the council may appoint ex officio members from
other bureaus, divisions, or sections of state departments which
are directly concerned with the provision of services to persons
with a disability.
Notwithstanding the provisions of section 15.059, each
member of the council appointed by the governor shall serve a
three-year term and until a successor is appointed and
qualified. The compensation and removal of all members shall be
as provided in section 15.059. The governor shall appoint a
chair of the council from among the members appointed from the
general public or who are persons with a disability or their
parents or guardians. Vacancies shall be filled by the
authority for the remainder of the unexpired term. The council
expires on June 30, 1993.
Sec. 8. Minnesota Statutes 1990, section 256C.24,
subdivision 2, is amended to read:
Subd. 2. [RESPONSIBILITIES.] The regional service center
shall:
(a) serve as the central entry point for hearing impaired
persons in need of human services and make referrals to the
services needed;
(b) employ staff trained to work with hearing impaired
persons;
(c) provide to all hearing impaired persons access to
interpreter services which are necessary to help them obtain
human services;
(d) assist the central interpreter referral agency with
local and regional interpreter referrals;
(e) implement a plan to provide loan equipment and resource
materials to hearing impaired persons; and
(f) (e) cooperate with responsible departments and
administrative authorities to provide access for hearing
impaired persons to services provided by state, county, and
regional agencies.
Sec. 9. Minnesota Statutes 1990, section 256C.25, is
amended to read:
256C.25 [INTERPRETER SERVICES.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of human
services shall supervise the development and implementation of a
maintain and coordinate statewide interpreter referral service
services for use by any public or private agency or individual
in the state. The commissioner of human services shall Within
the seven-county metro area, the commissioner shall contract for
these services; outside the metro area, the commissioner shall
directly coordinate these services but may contract with an
appropriate agency to provide this centralized service. The
commissioner may collect a $3 fee per referral for interpreter
referral services and the actual costs of interpreter services
provided by department staff. Fees and payments collected shall
be deposited in the general fund. The $3 referral fee shall not
be collected from state agencies or local units of government or
hearing-impaired consumers or interpreters.
Subd. 2. [DUTIES.] The central Interpreter referral agency
shall services must include:
(a) Establish and maintain a statewide access to
interpreter referral service services, maintain statistics
related to interpreter referral services, and
maintain coordinated with the regional service centers;
(b) maintenance of a statewide directory of qualified
interpreters;
(b) Cooperate with the regional service centers in
providing interpreter referral service; and
(c) Cooperate assessment of the present and projected
supply and demand for interpreter services statewide; and
(d) coordination with the regional service centers on
projects to train interpreters and advocate for and evaluate
interpreter services.
Sec. 10. Minnesota Statutes 1990, section 256F.01, is
amended to read:
256F.01 [PUBLIC POLICY.]
It is the policy of this The public policy of this state is
to assure that all children, regardless of minority racial or
ethnic heritage, are entitled to live in families that offer a
safe, permanent relationship with nurturing parents or
caretakers and have. To help assure children the opportunity to
establish lifetime relationships. To help assure this
opportunity, public social services must be directed
toward accomplishment of the following purposes:
(1) preventing the unnecessary separation of children from
their families by identifying family problems, assisting
families in resolving their problems, and preventing breakup of
the family if the prevention of child removal it is desirable
and possible;
(2) restoring to their families children who have been
removed, by continuing to provide services to the reunited child
and the families;
(3) placing children in suitable adoptive homes, in cases
where restoration to the biological family is not possible or
appropriate; and
(4) assuring adequate care of children away from their
homes, in cases where the child cannot be returned home or
cannot be placed for adoption.
Sec. 11. Minnesota Statutes 1990, section 256F.02, is
amended to read:
256F.02 [CITATION.]
Sections 256F.01 to 256F.07 may be cited as the "permanency
planning grants to counties Minnesota family preservation act."
Sec. 12. Minnesota Statutes 1990, section 256F.03,
subdivision 5, is amended to read:
Subd. 5. [FAMILY-BASED SERVICES.] "Family-based services"
means intensive family-centered services to families primarily
in their own home and for a limited time. one or more of the
services described in paragraphs (a) to (f) provided to families
primarily in their own home for a limited time. Family-based
services eligible for funding under the family preservation act
are the services described in paragraphs (a) to (f).
(a) [CRISIS SERVICES.] "Crisis services" means professional
services provided within 24 hours of referral to alleviate a
family crisis and to offer an alternative to placing a child
outside the family home. The services are intensive and time
limited. The service may offer transition to other appropriate
community-based services.
(b) [COUNSELING SERVICES.] "Counseling services" means
professional family counseling provided to alleviate individual
and family dysfunction; provide an alternative to placing a
child outside the family home; or permit a child to return
home. The duration, frequency, and intensity of the service is
determined in the individual or family service plan.
(c) [LIFE MANAGEMENT SKILLS SERVICES.] "Life management
skills services" means paraprofessional services that teach
family members skills in such areas as parenting, budgeting,
home management, and communication. The goal is to strengthen
family skills as an alternative to placing a child outside the
family home or to permit a child to return home. A social
worker shall coordinate these services within the family case
plan.
(d) [CASE COORDINATION SERVICES.] "Case coordination
services" means professional services provided to an individual,
family, or caretaker as an alternative to placing a child
outside the family home, to permit a child to return home, or to
stabilize the long-term or permanent placement of a child.
Coordinated services are provided directly, are arranged, or are
monitored to meet the needs of a child and family. The
duration, frequency, and intensity of services is determined in
the individual or family service plan.
(e) [MENTAL HEALTH SERVICES.] "Mental health services"
means the professional services defined in section 245.4871,
subdivision 31.
(f) [EARLY INTERVENTION SERVICES.] "Early intervention
services" means family-based intervention services designed to
help at-risk families avoid crisis situations.
Sec. 13. Minnesota Statutes 1990, section 256F.04, is
amended to read:
256F.04 [DUTIES OF COMMISSIONER OF HUMAN SERVICES.]
Subdivision 1. [GRANT PROGRAM.] The commissioner shall
establish a statewide permanency planning family preservation
grant program to assist counties in providing placement
prevention and family reunification services.
Subd. 2. [FORMS AND INSTRUCTIONS.] The commissioner shall
provide necessary forms and instructions to the counties for
their community social services plan, as required in section
256E.09, that incorporate the permanency plan format and
information necessary to apply for a permanency planning family
preservation grant. For calendar year 1986, the local social
services agency shall submit an amendment to their approved
biennial community social services plan using the forms and
instructions provided by the commissioner. Beginning January 1,
1986, the biennial community social services plan must include
the permanency plan.
Subd. 3. [MONITORING.] The commissioner shall design and
implement methods for monitoring the delivery and evaluating the
effectiveness of placement prevention and family reunification
services including family-based services within the state
according to section 256E.05, subdivision 3, paragraph (e). An
evaluation report describing program implementation, client
outcomes, cost, and the effectiveness of those services in
relation to measurable objectives and performance criteria to
keep families unified and minimize the use of out-of-home
placements for children must be prepared by the commissioner for
the period from January 1, 1986 through June 30, 1988. The
commissioner shall monitor the provision of family-based
services, conduct evaluations, and prepare and submit biannual
reports to the legislature.
Subd. 4. [TRAINING.] The commissioner shall provide
training on family-based services.
Sec. 14. Minnesota Statutes 1990, section 256F.05, is
amended to read:
256F.05 [DISTRIBUTION OF GRANTS.]
Subd. 2. [MONEY AVAILABLE.] Money appropriated for
permanency planning family preservation grants to counties,
together with an amount as determined by the commissioner of
title IV-B funds distributed to Minnesota according to the
Social Security Act, United States Code, title 42, section 621,
must be distributed to counties on a calendar year basis
according to the formula in subdivision 3.
Subd. 2a. [DISTRIBUTION OF FUNDS.] Additional federal
funds received by the commissioner, under title IV-E of the
Social Security Act, as a direct result of revenue enhancement
activities initiated subsequent to January 1, 1991, shall be
allocated to counties. One-half of the allocation is for family
preservation services under this chapter to be allocated as
follows:
(1) 50 percent based on a county's title IV-E earnings for
family preservation services under this chapter during the
previous calendar year; and
(2) 50 percent based on the formula set forth in
subdivision 3.
Subd. 3. [FORMULA.] The amount of money distributed
allocated to counties under subdivision 2 must be based on the
following two factors:
(1) the population of the county under age 19 years as
compared to the state as a whole as determined by the most
recent data from the state demographer's office; and
(2) the county's percentage share of the number of minority
children in substitute care as determined by the most recent
department of human services annual report on children in foster
care.
The amount of money allocated according to formula factor
(1) must not be less than 90 percent of the total distributed
allocated under subdivision 2.
Subd. 4. [PAYMENTS.] The commissioner shall make grant
payments to each county whose biennial community social services
plan includes a permanency plan under section 256F.04,
subdivision 2. The payment must be made in four installments
per year. The commissioner may certify the payments for the
first three months of a calendar year. Subsequent payments must
be made on April 30 May 15, July 30 August 15, and October 30
November 15, of each calendar year. When an amount of title
IV-B funds as determined by the commissioner is made available,
it shall be reimbursed to counties on October 30 November 15.
Subd. 4a. [SPECIAL INCENTIVE BONUS FOR EARLY INTERVENTION
SERVICES.] In addition to the funds which are provided to
counties under subdivision 2 and distributed according to the
formula in subdivision 3, the commissioner, in consultation with
persons knowledgeable in child abuse and neglect early
intervention, shall, within the limits of appropriations made
specifically for this purpose, and as part of each quarterly
payment made under subdivision 4, provide an incentive bonus
payment to counties as provided in this subdivision. If a
county, in submitting its application for funds under this
section for a given calendar year, notifies the commissioner
that the county will be increasing the amount of funds that will
be allocated for counseling services under section 256F.03,
subdivision 5, paragraph (b); life management skills under
section 256F.03, subdivision 5, paragraph (c); and early
intervention family-based services under section 256F.03,
subdivision 5, paragraph (f), above the amount allocated in the
previous calendar year, the commissioner shall provide the
county with a bonus equal to 50 percent of the increased county
allocation for the early intervention services. If funds are
insufficient to provide the full 50 percent bonus to all
eligible counties, the funds shall be allocated
proportionately. A county may not reduce the amount of
permanency planning grant funds which it makes available for
other services, in order to earn the bonus incentive. The
special incentive bonus is subject to retroactive settle-up
based on the actual county allocation.
Subd. 5. [INAPPROPRIATE EXPENDITURES.] Permanency planning
Family preservation grant money must not be used for:
(1) child day care necessary solely because of the
employment or training to prepare for employment, of a parent or
other relative with whom the child is living;
(2) residential facility payments;
(3) adoption assistance payments;
(4) public assistance payments for aid to families with
dependent children, supplemental aid, medical assistance,
general assistance, general assistance medical care, or
community health services authorized by sections 145A.09 to
145A.13; or
(5) administrative costs for local social services agency
public assistance staff.
Subd. 6. [TERMINATION OF GRANT.] A grant may be reduced or
terminated by the commissioner when the county agency has failed
to comply with the terms of the grant or sections 256F.01 to
256F.07.
Subd. 7. [TRANSFER OF FUNDS.] Notwithstanding subdivision
1, the commissioner may transfer money from the appropriation
for permanency planning family preservation grants to counties
into the subsidized adoption account when a deficit in the
subsidized adoption program occurs. The amount of the transfer
must not exceed five percent of the appropriation for permanency
planning family preservation grants to counties.
Subd. 8. [GRANTS FOR FAMILY-BASED CRISIS SERVICES.] Within
the limits of appropriations made for this purpose, the
commissioner may award grants for the families first program,
including section 256F.08, to be distributed on a calendar year
basis to counties to provide programs for family-based crisis
services defined in section 256F.03, subdivision 5. The
commissioner shall ask counties to present proposals for the
funding and shall award grants for the funding on a competitive
basis. Beginning January 1, 1993, the state share of the costs
of the programs shall be 75 percent and the county share, 25
percent.
Sec. 15. Minnesota Statutes 1990, section 256F.06, is
amended to read:
256F.06 [DUTIES OF COUNTY BOARDS.]
Subdivision 1. [RESPONSIBILITIES.] A county board may,
alone or in combination with other county boards, apply for a
permanency planning family preservation grant as provided in
section 256F.04, subdivision 2. Upon approval of the permanency
planning family preservation grant, the county board may
contract for or directly provide placement prevention and family
reunification services family-based services.
Subd. 2. [USES OF GRANTS.] The grant must be used
exclusively for placement prevention, family reunification
services and training for family-based service and permanency
planning services. The grant may not be used as a match for
other federal money or to meet the requirements of section
256E.06, subdivision 5.
Subd. 3. [DESCRIPTION OF FAMILY-BASED SERVICE.] When a
county board elects to provide family-based service as a part of
its permanency plan, its written description of family-based
service must include the number of families to be served in each
caseload, the provider of the service, the planned frequency of
contacts with the families, and the maximum length of time
family-based service will be provided to families.
Subd. 4. [REPORTING.] The commissioner shall specify
requirements for reports, including quarterly fiscal reports,
according to section 256.01, subdivision 2, paragraph (17). The
reports must include:
(1) a detailed statement of expenses attributable to the
grant during the preceding quarter; and
(2) a statement of the expenditure of money for placement
prevention and family reunification family-based services by the
county during the preceding quarter, including the number of
clients served and the expenditures, by client, for each service
provided.
Sec. 16. Minnesota Statutes 1990, section 256F.07,
subdivision 1, is amended to read:
Subdivision 1. [PREPLACEMENT REVIEW.] Each county board
shall establish a preplacement procedure to review each request
for substitute care placement and determine if appropriate
community resources have been utilized before making a
substitute care placement. Emergency placements shall be
reviewed to determine services necessary to allow a child to
return home. Placements shall be reviewed for compliance with
the minority family heritage act, sections 257.072 and 259.255;
the Minnesota minority family preservation act, section 260.181,
subdivision 3; the Minnesota Indian family preservation act,
sections 257.35 to 257.356; and the Indian Child Welfare Act of
1978, United States Code, title 25, part 1901.
Sec. 17. Minnesota Statutes 1990, section 256F.07,
subdivision 2, is amended to read:
Subd. 2. [PROCEDURE FOR PLACEMENT.] When the preplacement
review has determined that a substitute care placement is
required because the child is in imminent risk of abuse or
neglect; or requires treatment of an emotional disorder,
chemical dependency, or mental retardation; the agency shall
determine the level of care most appropriate to meet the child's
needs in the least restrictive setting and in closest proximity
to the child's family; and estimate the length of time of the
placement, project a placement goal, and provide a statement of
the anticipated outcome of the placement.
Placements must be in compliance with the minority family
heritage act, sections 257.071 and 259.255; the Minnesota
minority family preservation act, section 260.181, subdivision
3; the Minnesota Indian family preservation act, sections 257.35
to 257.356; and the Indian Child Welfare Act of 1978, United
States Code, title 25, part 1901.
Sec. 18. Minnesota Statutes 1990, section 256F.07,
subdivision 3, is amended to read:
Subd. 3. [TYPES OF SERVICES.] Placement prevention and
family reunification services include:
(1) family-based service;
(2) individual and family counseling;
(3) crisis intervention and crisis counseling;
(4) day care;
(5) 24-hour emergency caretaker and homemaker services;
(6) emergency shelter care up to 30 days in 12 months;
(7) access to emergency financial assistance;
(8) arrangements to provide temporary respite care to the
family for up to 72 hours consecutively or 30 days in 12 months;
and
(9) transportation services to the child and parents in
order to prevent placement or accomplish reunification of the
family family-based services as defined in section 256F.03,
subdivision 5.
Family-based services must be coordinated with additional
services identified and funded in the county social service act
plan to provide a comprehensive placement prevention and family
reunification services program.
Sec. 19. Minnesota Statutes 1990, section 257.071,
subdivision 1a, is amended to read:
Subd. 1a. [PROTECTION OF HERITAGE OR BACKGROUND.] The
authorized child placing agency shall ensure that the child's
best interests are met by giving due consideration of the
child's race or ethnic heritage in making a family foster care
placement. The authorized child placing agency shall place a
child, released by court order or by voluntary release by the
parent or parents, in a family foster home selected by following
the preferences described in section 260.181, subdivision 3. In
instances where a child from a family of color is placed in a
family foster home of a different racial or ethnic background,
the local social service agency shall review the placement after
30 days and each 30 days thereafter for the first six months to
determine if there is another available placement that would
better satisfy the requirements of this subdivision.
Sec. 20. [257.0755] [OFFICE OF OMBUDSPERSON; CREATION;
QUALIFICATIONS; FUNCTION.]
An ombudsperson for families shall be appointed to operate
independently but under the auspices of each of the following
groups: the Indian Affairs Council, the Spanish-Speaking
Affairs Council, the Council on Black Minnesotans, and the
Council on Asian-Pacific Minnesotans. Each of these groups
shall select its own ombudsperson subject to final approval by
the advisory board established under section 257.0768. Each
ombudsperson shall serve at the pleasure of the advisory board,
shall be in the unclassified service, shall be selected without
regard to political affiliation, and shall be a person highly
competent and qualified to analyze questions of law,
administration, and public policy regarding the protection and
placement of children from families of color. In addition, the
ombudsperson must be experienced in dealing with communities of
color and knowledgeable about the needs of those communities.
No individual may serve as ombudsperson while holding any other
public office. The ombudsperson shall have the authority to
investigate decisions, acts, and other matters of an agency,
program, or facility providing protection or placement services
to children of color.
Sec. 21. [257.076] [DEFINITIONS.]
Subdivision 1. [SCOPE.] For the purposes of sections
257.0755 to 257.0768, the following terms shall have the
meanings given them in this section.
Subd. 2. [AGENCY.] "Agency" means the divisions,
officials, or employees of the state departments of human
services and health and local district courts or a designated
county social service agency as defined in section 256G.02,
subdivision 7, engaged in providing child protection and
placement services for children. "Agency" also means any
individual, service, or program providing child protection or
placement services in coordination with or under contract to any
other entity specified in this subdivision.
Subd. 3. [COMMUNITIES OF COLOR.] "Communities of color"
means the following: American Indian, Hispanic-Latino,
Asian-Pacific, African, and African-American communities.
Subd. 4. [COMPADRAZGO.] "Compadrazgo" is a kinship
institution within the Hispanic-Latino community used as a means
of parenting and caring for children from birth to adulthood.
Subd. 5. [FAMILY OF COLOR.] "Family of color" means any
family with a child under the age of 18 who is identified by one
or both parents or another trusted adult to be of American
Indian, Hispanic-Latino, Asian-Pacific, African, or
African-American descent.
Subd. 6. [FACILITY.] "Facility" means any entity required
to be licensed under chapter 245A.
Subd. 7. [TRUSTED ADULT.] "Trusted adult" means an
individual recognized by the child's parent or legal guardian,
the child's community, or both, as speaking for the child's best
interest. The term includes compadrazgo and other individuals
with a kinship or community relationship with the child.
Sec. 22. [257.0761] [ORGANIZATION OF OFFICE OF
OMBUDSPERSON.]
Subdivision 1. [STAFF; UNCLASSIFIED STATUS;
RETIREMENT.] The ombudsperson for each group specified in
section 257.0755 may select, appoint, and compensate out of
available funds the assistants and employees as deemed necessary
to discharge responsibilities. All employees, except the
secretarial and clerical staff, shall serve at the pleasure of
the ombudsperson in the unclassified service. The ombudsperson
and full-time staff shall be members of the Minnesota state
retirement association.
Subd. 2. [DELEGATION TO STAFF.] The ombudsperson may
delegate to staff members any of the ombudsperson's authority or
duties except the duty of formally making recommendations to an
administrative agency or reports to the office of the governor,
or to the legislature.
Sec. 23. [257.0762] [DUTIES AND POWERS.]
Subdivision 1. [DUTIES.] (a) Each ombudsperson shall
monitor agency compliance with all laws governing child
protection and placement, as they impact on children of color.
In particular, the ombudsperson shall monitor agency compliance
with sections 256F.07, subdivision 3a; 256F.08; 257.072;
257.075; 257.35 to 257.3579; and 260.181, subdivision 3.
(b) The ombudsperson shall work with local state courts to
ensure that:
(1) court officials, public policymakers, and service
providers are trained in cultural diversity. The ombudsperson
shall document and monitor court activities in order to heighten
awareness of diverse belief systems and family relationships;
(2) experts from the appropriate community of color
including tribal advocates are used as court advocates and are
consulted in placement decisions that involve children of color;
(3) guardians ad litem and other individuals from
communities of color are recruited, trained, and used in court
proceedings to advocate on behalf of children of color; and
(4) training programs for bilingual workers are provided.
Subd. 2. [POWERS.] In carrying out the duties in
subdivision 1, each ombudsperson has the power to:
(1) prescribe the methods by which complaints are to be
made, reviewed, and acted upon;
(2) determine the scope and manner of investigations to be
made;
(3) investigate, upon a complaint or upon personal
initiative, any action of any agency;
(4) request and be given access to any information in the
possession of any agency deemed necessary for the discharge of
responsibilities. The ombudsperson is authorized to set
reasonable deadlines within which an agency must respond to
requests for information. Data obtained from any agency under
this clause shall retain the classification which it had under
section 13.02 and shall be maintained and disseminated by the
ombudsperson according to chapter 13;
(5) examine the records and documents of an agency;
(6) enter and inspect, during normal business hours,
premises within the control of an agency; and
(7) subpoena any agency personnel to appear, testify, or
produce documentary or other evidence which the ombudsperson
deems relevant to a matter under inquiry, and may petition the
appropriate state court to seek enforcement with the subpoena;
provided, however, that any witness at a hearing or before an
investigation as herein provided, shall possess the same
privileges reserved to such a witness in the courts or under the
laws of this state. The ombudsperson may compel nonagency
individuals to testify or produce evidence according to
procedures developed by the advisory board.
Sec. 24. [257.0763] [MATTERS APPROPRIATE FOR REVIEW.]
(a) In selecting matters for review, an ombudsperson should
give particular attention to actions of an agency, facility, or
program that:
(1) may be contrary to law or rule;
(2) may be unreasonable, unfair, oppressive, or
inconsistent with a policy or order of an agency, facility, or
program;
(3) may result in abuse or neglect of a child;
(4) may disregard the rights of a child or other individual
served by an agency or facility; or
(5) may be unclear or inadequately explained, when reasons
should have been revealed.
(b) An ombudsperson shall, in selecting matters for review,
inform other interested agencies in order to avoid duplicating
other investigations or regulatory efforts, including activities
undertaken by a tribal organization under the authority of
sections 257.35 to 257.3579.
Sec. 25. [257.0764] [COMPLAINTS.]
An ombudsperson may receive a complaint from any source
concerning an action of an agency, facility, or program. After
completing a review, the ombudsperson shall inform the
complainant, agency, facility, or program. Services to a child
shall not be unfavorably altered as a result of an investigation
or complaint. An agency, facility, or program shall not
retaliate or take adverse action, as defined in section 626.556,
subdivision 4a, paragraph (c), against an individual who, in
good faith, makes a complaint or assists in an investigation.
Sec. 26. [257.0765] [RECOMMENDATIONS TO AGENCY.]
(a) If, after reviewing a complaint or conducting an
investigation and considering the response of an agency,
facility, or program and any other pertinent material, the
ombudsperson determines that the complaint has merit or the
investigation reveals a problem, the ombudsperson may recommend
that the agency, facility, or program:
(1) consider the matter further;
(2) modify or cancel its actions;
(3) alter a rule, order, or internal policy;
(4) explain more fully the action in question; or
(5) take other action as authorized under section 257.0762.
(b) At the ombudsperson's request, the agency, facility, or
program shall, within a reasonable time, inform the ombudsperson
about the action taken on the recommendation or the reasons for
not complying with it.
Sec. 27. [257.0766] [RECOMMENDATIONS AND PUBLIC REPORTS.]
Subdivision 1. [SPECIFIC REPORTS.] An ombudsperson may
send conclusions and suggestions concerning any matter reviewed
to the governor and shall provide copies of all reports to the
advisory board and to the groups specified in section 257.0768,
subdivision 1. Before making public a conclusion or
recommendation that expressly or implicitly criticizes an
agency, facility, program, or any person, the ombudsperson shall
inform the governor and the affected agency, facility, program,
or person concerning the conclusion or recommendation. When
sending a conclusion or recommendation to the governor that is
adverse to an agency, facility, program, or any person, the
ombudsperson shall include any statement of reasonable length
made by that agency, facility, program, or person in defense or
mitigation of the ombudsperson's conclusion or recommendation.
Subd. 2. [GENERAL REPORTS.] In addition to whatever
conclusions or recommendations the ombudsperson may make to the
governor on an ad hoc basis, the ombudsperson shall at the end
of each year report to the governor concerning the exercise of
the ombudsperson's functions during the preceding year.
Sec. 28. [257.0767] [CIVIL ACTIONS.]
The ombudsperson and designees are not civilly liable for
any action taken under sections 257.0755 to 257.0768 if the
action was taken in good faith, was within the scope of the
ombudsperson's authority, and did not constitute willful or
reckless misconduct.
Sec. 29. [257.0768] [OMBUDSPERSON'S ADVISORY COMMITTEE.]
Subdivision 1. [MEMBERSHIP.] The appointment of each
ombudsperson is subject to approval by an advisory committee
consisting of no more than 17 members. Members of the advisory
committee shall be appointed by the following groups: the
Indian Affairs Council; the Spanish-Speaking Affairs Council;
the Council on Black Minnesotans; and the Council on
Asian-Pacific Minnesotans. The committee shall provide advice
and counsel to each ombudsperson.
Subd. 2. [COMPENSATION; CHAIR.] Members do not receive
compensation but are entitled to receive reimbursement for
reasonable and necessary expenses incurred. The members shall
designate four rotating chairpersons to serve annually at the
pleasure of the members.
Subd. 3. [MEETINGS.] The committee shall meet at least
four times a year at the request of its chair or the
ombudspersons.
Subd. 4. [DUTIES.] The committee shall advise and assist
the ombudspersons in selecting matters for attention; developing
policies, plans, and programs to carry out the ombudspersons'
functions and powers; establishing protocols for working with
the communities of color; developing procedures for the
ombudspersons' use of the subpoena power to compel testimony and
evidence from nonagency individuals; and making reports and
recommendations for changes designed to improve standards of
competence, efficiency, justice, and protection of rights. The
committee shall function as an advisory body.
Subd. 5. [TERMS, COMPENSATION, REMOVAL, AND
EXPIRATION.] The membership terms, compensation, and removal of
members of the committee and the filling of membership vacancies
are governed by section 15.0575.
Sec. 30. [257.0769] [FUNDING FOR THE OMBUDSPERSON
PROGRAM.]
(a) Money is appropriated from the special fund authorized
by section 256.01, subdivision 2, clause (15), to the Indian
Affairs Council for the purposes of sections 257.0755 to
257.0768.
(b) Money is appropriated from the special fund authorized
by section 256.01, subdivision 2, clause (15), to the
Spanish-speaking Affairs Council for the purposes of sections
257.0755 to 257.0768.
(c) Money is appropriated from the special fund authorized
by section 256.01, subdivision 2, clause (15), to the Council of
Black Minnesotans for the purposes of sections 257.0755 to
257.0768.
(d) Money is appropriated from the special fund authorized
by section 256.01, subdivision 2, clause (15), to the Council on
Asian-Pacific Minnesotans for the purposes of sections 257.0755
to 257.0768.
Sec. 31. Minnesota Statutes 1990, section 257.352,
subdivision 2, is amended to read:
Subd. 2. [AGENCY NOTICE OF POTENTIAL OUT-OF-HOME
PLACEMENT.] When a local social service agency or private child
placing agency determines that an Indian child is in a dependent
or other condition that could lead to an out-of-home placement
and requires the continued involvement of the agency with the
child for a period in excess of 30 days, the agency shall send
notice of the condition and of the initial steps taken to remedy
it to the Indian child's tribal social service agency within
seven days of the determination. At this and any subsequent
stage of its involvement with an Indian child, the agency shall,
upon request, give the tribal social service agency full
cooperation including access to all files concerning the child.
If the files contain confidential or private data, the agency
may require execution of an agreement with the tribal social
service agency that the tribal social service agency shall
maintain the data according to statutory provisions applicable
to the data. This subdivision applies whenever the court
transfers legal custody of an Indian child under section
260.185, subdivision 1, paragraph (c), clause (1), (2), or (3)
following an adjudication for a misdemeanor-level delinquent act.
Sec. 32. Minnesota Statutes 1990, section 261.035, is
amended to read:
261.035 [BURIAL AT EXPENSE OF COUNTY.]
When a person dies in any county without apparent means to
provide for burial and without relatives of sufficient ability
to procure the burial, the county board shall first investigate
to determine whether the person who has died has contracted for
any prepaid burial arrangements. If such arrangements have been
made, the county shall authorize burial in accord with the
written instructions of the deceased. If it is determined that
the person did not leave sufficient means to defray the
necessary expenses of burial, nor any relatives therein of
sufficient ability to procure the burial, the county board shall
cause a decent burial or cremation of the person's remains to be
made at the expense of the county. Cremation shall not be used
for persons who are known to be opposed to cremation because of
religious affiliation or belief.
Sec. 33. Minnesota Statutes 1990, section 268.022,
subdivision 2, is amended to read:
Subd. 2. [DISBURSEMENT OF SPECIAL ASSESSMENT FUNDS.] (a)
The money collected under this section shall be deposited in the
state treasury and credited to a dedicated fund to provide for
the dislocated worker programs established under sections
268.975 to 268.98; including vocational guidance, training,
placement, and job development.
(b) All money in the dedicated fund is appropriated to the
commissioner who must act as the fiscal agent for the money and
must disburse the money for the purposes of this section, not
allowing the money to be used for any other obligation of the
state. All money in the dedicated fund shall be deposited,
administered, and disbursed in the same manner and under the
same conditions and requirements as are provided by law for the
other dedicated funds in the state treasury, except that all
interest or net income resulting from the investment or deposit
of money in the fund shall accrue to the fund for the purposes
of the fund.
(c) No more than five percent of the dedicated funds
collected in each fiscal year may be used by the department of
jobs and training for its administrative costs.
(d) The dedicated funds, less amounts under paragraph (c),
must be allocated as follows:
(1) 50 percent to be allocated according to paragraph (e)
to the substate grantees under subchapter III of the Job
Training Partnership Act, United States Code, title 29, section
1661a in proportion to each substate area's share of the federal
allocated funds, to be used to assist dislocated workers under
the standards in section 268.98;
(2) 50 percent to fund specific programs proposed under the
state plan request for proposal process and recommended by the
governor's job training council. This fund shall be used for
state plan request for proposal programs addressing plant
closings or layoffs regardless of size; and
(3) in fiscal years 1991, 1992, and 1993, any amounts
transferred to the general fund or obligated before the
effective date of this section shall be excluded from the
calculation under this paragraph.
(e) In the event that a substate grantee has obligated 100
percent of its formula allocated federal funds under subchapter
III of the Job Training Partnership Act, United States Code,
title 29, section 1651 et seq., and has demonstrated appropriate
use of the funds to the governor's job training council, the
substate grantee may request and the commissioner shall provide
additional funds to the substate area in an amount equal to the
federal formula allocated funds. When a substate grantee has
obligated 100 percent of the additional funds provided under
this section, and has demonstrated appropriate use of the funds
to the governor's job training council, the substate grantee may
request and the commissioner shall provide further additional
funds in amounts equal to the federal formula allocated funds
until the substate area receives its proportionate share of
funds under paragraph (d), clause (1).
(f) By December 31 of each fiscal year each substate
grantee and the governor's job training council shall report to
the commissioner on the extent to which funds under this section
are committed and the anticipated demand for funds for the
remainder of the fiscal year. The commissioner shall reallocate
those funds that the substate grantees and the council do not
anticipate expending for the remainder of the fiscal year to be
available for requests from other substate grantees or other
dislocated worker projects proposed to the governor's job
training council which demonstrate a need for additional funding.
(g) Due to the anticipated quarterly variations in the
amounts collected under this section, the amounts allocated
under paragraph (d) must be based on collections for each
quarter. Any amount collected in the final two quarters of the
fiscal year, but not allocated, obligated or expended in the
fiscal year, shall be available for allocation, obligation and
expenditure in the following fiscal year.
Sec. 34. Minnesota Statutes 1990, section 268.914, is
amended to read:
268.914 [DISTRIBUTION OF APPROPRIATION.]
Subdivision 1. [STATE SUPPLEMENT FOR FEDERAL GRANTEES.] (a)
The commissioner of jobs and training shall distribute money
appropriated for that purpose to head start program grantees to
expand services to additional low-income children. Money must
be allocated to each project head start grantee in existence on
the effective date of Laws 1989, chapter 282. Migrant and
Indian reservation grantees must be initially allocated money
based on the grantees' share of federal funds. The remaining
money must be initially allocated to the remaining local
agencies based equally on the agencies' share of federal funds
and on the proportion of eligible children in the agencies'
service area who are not currently being served. A head start
grantee must be funded at a per child rate equal to its
contracted, federally funded base level for program accounts 20
to 26 at the start of the fiscal year. The commissioner may
provide additional funding to grantees for start-up costs
incurred by grantees due to the increased number of children to
be served. Before paying money to the grantees, the
commissioner shall notify each grantee of its initial
allocation, how the money must be used, and the number of
low-income children that must be served with the allocation.
Each grantee must notify the commissioner of the number of
additional low-income children it will be able to serve. For
any grantee that cannot serve additional children to its full
allocation, the commissioner shall reduce the allocation
proportionately. Money available after the initial allocations
are reduced must be redistributed to eligible grantees.
(b) Up to 11 percent of the funds appropriated annually may
be used to provide grants to local head start agencies to
provide funds for innovative programs designed either to target
head start resources to particular at-risk groups of children or
to provide services in addition to those currently allowable
under federal head start regulations. The commissioner shall
award funds for innovative programs under this paragraph on a
competitive basis.
Subd. 2. [SERVICE EXPANSION GRANTS.] One-third of any
biennial increase in the state appropriations for head start
programs shall be allocated by the commissioner of jobs and
training, under a request for proposal system, to existing head
start grantees for service expansion.
Priority for state-funded service expansion grants must be
given to applicants who propose to:
(1) coordinate or co-locate the services through an
existing community-based, family-oriented program such as a
family resource center;
(2) minimize the amount of state funding that is needed for
initial construction or remodeling costs by using an existing
facility, by sharing a facility with a school or other program,
or by obtaining contributions for these costs from private or
local sources;
(3) reduce the costs and time of transportation by enabling
children to attend a program closer to their home communities;
(4) increase services in an area where less than 15 percent
of eligible children are enrolled; and
(5) expand programs within a city where no center-based
program exists.
The additional funds provided to a grantee under this
subdivision shall be considered part of the grantees funding
base for future formula allocations of state or federal funds.
Sec. 35. Minnesota Statutes 1990, section 268.975,
subdivision 3, is amended to read:
Subd. 3. [DISLOCATED WORKER.] "Dislocated worker" means an
individual who:
(1) has been terminated or who has received a notice of
termination of from employment as a result of a plant closing or
any substantial layoff at a plant, facility, or enterprise
located in the state, is eligible for or has exhausted
entitlement to unemployment compensation, and is unlikely to
return to the previous industry or occupation;
(2) was a resident of the state at the time has been
terminated or has received a notice of termination of employment
or at the time of receiving the notification of termination of
employment as a result of any plant closing or any substantial
layoff at a plant, facility, or enterprise; and
(3) is eligible for or has exhausted unemployment
compensation and is unlikely to return to the previous industry
or occupation has been long-term unemployed and has limited
opportunities for employment or reemployment in the same or a
similar occupation in the area in which the individual resides,
including older individuals who may have substantial barriers to
employment by reason of age;
(4) has been self-employed, including farmers and ranchers,
and is unemployed as a result of general economic conditions in
the community in which the individual resides or because of
natural disasters, subject to rules to be adopted by the
commissioner; or
(5) has been terminated or who has received a notice of
termination from employment with a public or nonprofit employer.
A dislocated worker must have been working in Minnesota at
the time employment ceased.
Sec. 36. Minnesota Statutes 1990, section 268.975, is
amended by adding a subdivision to read:
Subd. 3a. [ADDITIONAL DISLOCATED WORKER.] "Additional
dislocated worker" means an individual who was a full-time
homemaker for a substantial number of years and derived the
substantial share of his or her support from:
(1) a spouse and no longer receives such support due to the
death, divorce, permanent disability of, or permanent separation
from the spouse; or
(2) public assistance on account of dependents in the home
and no longer receives such support.
An additional dislocated worker must have resided in
Minnesota at the time the support ceased.
Sec. 37. Minnesota Statutes 1990, section 268.977, is
amended to read:
268.977 [RAPID RESPONSE PROGRAM.]
Subdivision 1. [PROGRAM ESTABLISHMENT.] (a) The
commissioner shall establish a rapid response program to (1)
assist employees, employers, business organizations or
associations, labor organizations, local government units, and
community organizations to quickly and effectively respond to
announced or actual plant closings and substantial layoffs and
(2) assist dislocated workers and additional dislocated
workers. Grant recipients and substate grantees may, but shall
not be required to, subcontract with the department for
readjustment services.
(b) The program must include or address at least the
following:
(1) within five working days after becoming aware of an
announced or actual plant closing or substantial layoff,
establish on-site contact with the employer, employees, labor
organizations if there is one representing the employees, and
leaders of the local government units and community
organizations to provide coordination of efforts to formulate a
communitywide response to the plant closing or substantial
layoff, provide information on the public and private service
and programs that might be available, inform the affected
parties of the prefeasibility study grants under section
268.978, and collect any information required by the
commissioner to assist in responding to the plant closing or
substantial layoff;
(2) provide ongoing technical assistance to employers,
employees, business organizations or associations, labor
organizations, local government units, and community
organizations to assist them in reacting to or developing
responses to plant closings or substantial layoffs;
(3) establish and administer the prefeasibility study grant
program under section 268.978 to provide an initial assessment
of the feasibility of alternatives to plant closings or
substantial layoffs;
(4) work with employment and training service providers,
employers, business organizations or associations, labor
organizations, local government units, dislocated workers, and
community organizations in providing training, education,
community support service, job search programs, job clubs, and
other services to address the needs of potential or actual
dislocated workers;
(5) coordinate with providers of economic development
related financial and technical assistance services so that
communities that are experiencing plant closings or substantial
layoffs have immediate access to economic development related
services; and
(6) collect and make available information on programs that
might assist dislocated workers and the communities affected by
plant closings or substantial layoffs; and
(7) when they can be provided without adversely affecting
delivery of services to all dislocated workers, the services
under clause (4) shall be available to additional dislocated
workers as defined in section 268.975, subdivision 3a.
Subd. 2. [APPLICABILITY.] Notwithstanding section 268.975,
subdivisions 6 and 8, the commissioner may waive the threshold
requirements for finding a plant closing or substantial layoff
in special cases where the governor's job training council
recommends waiver to the commissioner following a finding by the
council that the number of workers dislocated as a result of a
plant closing or substantial layoff would have a substantial
impact on the community or labor market where the closure or
layoff occurs and, in the absence of intervention through the
rapid response program, would overwhelm the capacity of other
programs to provide effective assistance. A proposal for a
program recommended for funding by the governor's job training
council shall not be denied based upon the increased funding and
resources of substate areas.
Sec. 38. Minnesota Statutes 1990, section 268.98, is
amended to read:
268.98 [PERFORMANCE STANDARDS.]
(a) The commissioner shall establish performance standards
for the programs and activities administered or funded through
the rapid response program under section 268.977. The
commissioner may use existing federal performance standards or,
if the commissioner determines that the federal standards are
inadequate or not suitable, may formulate new performance
standards to ensure that the programs and activities of the
rapid response program are effectively administered.
(b) Not less than 20 percent of the funds expended under
this section must be used to provide needs-related payments and
other supportive services as those terms are used in subchapter
III of the Job Training Partnership Act, United States Code,
title 29, section 1661d(b). This requirement does not apply to
the extent that a program proposal requests less than 20 percent
of such funds. At the end of the fiscal year, each substate
grantee and each grant recipient shall report to the
commissioner on the types of services funded under this
paragraph and the amounts expended for such services. By
January 15 of each year, the commissioner shall provide a
summary report to the legislature.
Sec. 39. Minnesota Statutes 1990, section 268A.06, is
amended by adding a subdivision to read:
Subd. 3. [REHABILITATION FACILITIES: SALARY ADJUSTMENTS;
GRANTS.] The commissioner shall increase grants, for the fiscal
year beginning July 1, 1991, for each rehabilitation facility by
a salary adjustment figured by multiplying the total salaries,
payroll taxes, and fringe benefits for personnel below top
management by three percent. All increased revenue produced by
this calculation must be used for salary and related costs of
personnel in positions below top management. The commissioner
shall ensure that all increased revenue produced by this
calculation is used for salary and related costs of personnel in
positions below top management.
Sec. 40. [LAND CONVEYANCE TO CITY OF CAMBRIDGE.]
Notwithstanding Minnesota Statutes, sections 94.09 to
94.16; for the purposes of this section and Laws 1990, chapter
610, article 1, section 12, subdivision 5; on behalf of the
Cambridge regional human services center; and in cooperation
with the city of Cambridge, the commissioner of administration
may transfer to the city of Cambridge the real properties,
consisting of 68 acres, more or less, described as follows:
Government Lot 2, Section 6, Township 35, Range 23, Isanti
county, Minnesota.
ALSO: that part of the West Half of the Northeast Quarter,
that part of the East Half of the Northwest Quarter, that
part of Government Lot 4, and that part of Government Lot
5, all in Section 5, Township 35, Range 23, Isanti county,
Minnesota, described jointly as follows:
Commencing at the intersection of the North line of the
said Section 5 and the center line of state trunk highway
No. 65 as laid out and constructed, said point being 786.27
feet West from the northeast corner of said Section 5;
thence South 15 degrees 39 minutes 50 seconds West, along
the center line of said state trunk highway No. 65 and the
tangent line of a curve to the right, a distance of 573.03
feet; thence on a bearing of West, a distance of 80.63 feet
to a point to be hereinafter known as point "A", said point
being the intersection of the westerly right-of-way line of
said state trunk highway No. 65 with a line drawn parallel
with and distant 50 feet South, as measured at right angles
thereto, from the center line of state highway No. 293, as
laid out and constructed; thence continuing on a bearing of
West and parallel with the center line of said state
highway No. 293, said center line being parallel with the
North line of said Section 5, a distance of 1484.50 feet to
a point to be hereinafter known as point "B"; thence on a
bearing of South, a distance of 714.00 feet; thence on a
bearing of West, a distance of 545.64 feet; thence North 6
degrees 13 minutes 06 seconds East, a distance of 591.12
feet to the point of beginning of the land to be herein
described; thence South 6 degrees 13 minutes 06 seconds
West, retracing the last described course, a distance of
591.12 feet; thence on a bearing of East, a distance of
545.64 feet; thence on a bearing of South, a distance of
70.57 feet; thence South 89 degrees 15 minutes 02 seconds
West, a distance of 957.32 feet; thence South 1 degree 37
minutes 42 seconds East, a distance of 133.27 feet to the
south line of the North 102.5 feet of the Southeast Quarter
of Northwest Quarter of Section 5, as measured along the
west line of said Southeast Quarter of Northwest Quarter;
thence South 89 degrees 24 minutes 15 seconds West, along
said south line, a distance of 2040.05 feet to the west
line of said Section 5; thence northerly, along said west
line of Section 5 to the southerly shoreline of the Rum
River; thence easterly and northeasterly along the
southerly and southeasterly shoreline of the Rum River to
the north line of the Northwest Quarter of said Section 5;
thence North 89 degrees 47 minutes 10 seconds East, along
said north line of the Northwest Quarter of Section 5 to a
point distant 646.00 feet west of the northeast corner of
said Northwest Quarter of Section 5, as measured along the
north line of said Northwest Quarter; thence South 0
degrees 03 minutes 35 seconds East, a distance of 134.02
feet; thence North 89 degrees 56 minutes 25 seconds East, a
distance of 238.29 feet to the westerly line of an easement
for highway purposes for state highway No. 293, by Transfer
of Custodial Control, dated June 15, 1959; thence South 0
degrees 04 minutes 00 seconds East, along said westerly
line, a distance of 7.77 feet; thence southeasterly along a
tangential curve in the westerly line of said easement for
highway purposes, said curve is concave to the northeast,
radius 381.10 feet, central angle 58 degrees 44 minutes 37
seconds, 390.73 feet to the point of intersection with a
line that bears North 30 degrees 00 minutes 00 seconds East
from the point of beginning; thence South 30 degrees 00
minutes 00 seconds West, along said line, a distance of
240.68 feet to the point of beginning.
That part of Lot 30 of Auditor's Subdivision No. 9, Isanti
county, Minnesota, described as follows:
Commencing at the East quarter corner of Section 32,
Township 36, Range 23, Isanti county, Minnesota; thence
South 89 degrees 44 minutes 35 seconds West, assumed
bearing, along the east-west quarter line of said Section
32, a distance of 2251.43 feet; thence South 1 degree 48
minutes 40 seconds East, a distance of 344.47 feet to the
south line of Lot 30 of Auditor's Subdivision No. 9; thence
South 89 degrees 35 minutes 05 seconds West along said
south line, a distance of 205.34 feet to the west line of
the East 1098 feet of said Lot 30 and the point of
beginning of the parcel to be herein described; thence
continuing South 89 degrees 35 minutes 05 seconds West
along the south line of said Lot 30, a distance of 534.66
feet; thence North 45 degrees 24 minutes 55 seconds West, a
distance of 180 feet, more or less, to the shoreline of the
Rum River; thence northeasterly along said shoreline, a
distance of 252 feet, more or less, to the east-west
quarter line of said Section 32; thence North 89 degrees 44
minutes 35 seconds East along said east-west quarter line,
a distance of 524 feet, more or less, to the west line of
the East 1098 feet of said Lot 30; thence South 2 degrees
40 minutes 50 seconds East along said west line, a distance
of 345.21 feet to the point of beginning.
That part of the North half of the Northeast Quarter and
that part of the Northeast Quarter of the Northwest
Quarter, both in said Section 5, lying northerly of the
following described line "C" and lying southerly of a line
drawn parallel with and distant 32 feet northerly of said
line "C" (as measured at right angles to said line "C").
Said line "C" is described as follows:
Beginning at the previously described point "A"; thence on
a bearing of West, a distance of 1484.50 feet to the
previously described point "B"; thence continuing on a
bearing of West, a distance of 164.52 feet to a point to be
hereinafter known as point "D".
The northerly line of the strip of land described herein is
to extend easterly to terminate on the westerly
right-of-way line of said state trunk highway No. 65.
That part of the Northeast Quarter of the Northwest Quarter
of said Section 5, lying northerly of the following
described line "E" and lying southerly of a line drawn
parallel with and distant 27 feet northerly of said line
"E" (as measured at right angles to said line "E"). Said
line "E" is described as follows:
Beginning at the previously described point "D", said point
is on a curve, the tangent of said curve bears East from
said point; thence westerly, along said curve, concave to
the north, radius 408.10 feet, central angle 31 degrees 02
minutes 09 seconds, a distance of 221.06 feet and there
terminating.
All of the land described herein is subject to easements,
restrictions and reservations of record, if any.
In accordance with this section and Laws 1990, chapter 610,
article 1, section 12, subdivision 5, the department of human
services and the city may attach to the transfer the conditions
that they agree are appropriate, including conditions that
relate to water and sewer service at the center and in the
city. If the transfer requires the conveyance of any interest
in real estate, the attorney general shall prepare appropriate
instruments of conveyance. The deeds to convey the properties
must contain a clause that the property will revert to the state
if the property ceases to be used for a public purpose.
The city of Cambridge shall use the land to preserve flood
plain open space, to construct a wastewater treatment facility,
to construct a trail system, to access the regional treatment
center cemetery, to access existing infrastructure, and other
public purposes. Economic development is a public purpose
within the meaning of the term in Laws 1990, chapter 610,
article 1, section 12, subdivision 5, and sales or conveyances
to private parties shall be deemed as economic development.
Property conveyed by the state under this section shall not
revert to the state if it is conveyed or otherwise encumbered by
the city as part of a city economic development activity. The
appropriation in Laws 1990, chapter 610, article 1, section 12,
subdivision 5, expires upon the accomplishment or abandonment of
its purpose and the purposes of this section.
Sec. 41. [REPEALER.]
Laws 1990, chapter 568, article 6, section 4, is repealed
effective the day following final enactment.
Sec. 42. [EFFECTIVE DATE.]
Sections 35 to 37 are effective the day following final
enactment.
ARTICLE 4
HEALTH CARE
Section 1. Minnesota Statutes 1990, 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;
(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 144A.073, 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 144A.073;
(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 nursing home
beds are not certified for participation in the medical
assistance program; and (2) the relocation of nursing home beds
under this clause should not exceed a radius of six miles;
(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 to a building
formerly used as a hospital, provided the original nursing home
building will no longer be operated as a nursing home and the
building to which the beds are moved will no longer be operated
as a 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. Relocation of nursing home beds under this clause is
subject to the limitations in section 144A.073, 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. The relocated beds need not be licensed and
certified at the new location simultaneously with the
delicensing and decertification of the old beds and may be
licensed and certified at any time after the old beds are
delicensed and decertified;
(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;
(o) to certify or license new beds in a new facility on the
Red Lake Indian Reservation for which payments will be made
under the Indian Health Care Improvement Act, Public Law Number
94-437, at the rates specified in United States Code, title 42,
section 1396d(b);
(p) to certify and license as nursing home beds boarding
care beds in a certified boarding care facility if the beds meet
the standards for nursing home licensure and if the cost of any
remodeling of the facility does not exceed ten percent of the
appraised value of the facility or $200,000, whichever is less.
If boarding care beds are licensed as nursing home beds, the
number of boarding care beds in the facility must not increase
in the future. The provisions contained in section 144A.073
regarding the upgrading of the facilities do not apply to
facilities that satisfy these requirements;
(q) to license and certify up to 40 beds transferred from
an existing facility owned and operated by the Amherst H. Wilder
Foundation in the city of Saint Paul to a new unit at the same
location as the existing facility that will serve persons with
Alzheimer's disease and other related disorders. The transfer
of beds may occur gradually or in stages, provided the total
number of beds transferred does not exceed 40. At the time of
licensure and certification of a bed or beds in the new unit,
the commissioner of health shall delicense and decertify the
same number of beds in the existing facility. 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 transfers
allowed under this clause;
(r) to license and certify nursing home beds to replace
currently licensed and certified boarding care beds which may be
located either in a remodeled or renovated boarding care or
nursing home facility or in a remodeled, renovated, newly
constructed, or replacement nursing home facility within the
identifiable complex of health care facilities in which the
currently licensed boarding care beds are presently located,
provided that the number of boarding care beds in the facility
or complex are decreased by the number to be licensed as nursing
home beds and further provided that, if the total costs of new
construction, replacement, remodeling, or renovation exceed ten
percent of the appraised value of the facility or $200,000,
whichever is less, 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 new construction, replacement, remodeling, or
renovation. The provisions contained in section 144A.073
regarding the upgrading of facilities do not apply to facilities
that satisfy these requirements; or
(s) to license or certify beds that are moved from a
nursing home to a separate facility under common ownership or
control that was formerly licensed as a hospital and is
currently licensed as a nursing facility and that is located
within eight miles of the original facility, provided the
original nursing home building will no longer be operated as a
nursing home. 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; or
(t) to license as a nursing home and certify as a nursing
facility a facility that is licensed as a boarding care facility
but not certified under the medical assistance program, but only
if the commissioner of human services certifies to the
commissioner of health that licensing the facility as a nursing
home and certifying the facility as a nursing facility will
result in a net annual savings to the state general fund of
$200,000 or more.
Sec. 2. Minnesota Statutes 1990, section 144A.071, is
amended by adding a subdivision to read:
Subd. 3a. [CERTIFICATION OF LICENSED BEDS IN A CERTIFIED
FACILITY.] Nothing in this section prohibits the commissioner of
health from certifying licensed nursing home beds in a facility
certified for medical assistance provided that these beds meet
the certification requirements and the facility enters into a
written agreement with the commissioner of human services
specifying that medical assistance reimbursement shall not be
requested for a greater number of residents than the facility
had medical assistance certified beds on April 1, 1991.
Sec. 3. Minnesota Statutes 1990, section 144A.10,
subdivision 4, is amended to read:
Subd. 4. [CORRECTION ORDERS.] Whenever a duly authorized
representative of the commissioner of health finds upon
inspection of a nursing home, that the facility or a controlling
person or an employee of the facility is not in compliance with
sections 144.651, 144A.01 to 144A.16, or 626.557 or the rules
promulgated thereunder, a correction order shall be issued to
the facility. The correction order shall state the deficiency,
cite the specific rule or statute violated, state the suggested
method of correction, and specify the time allowed for
correction. If the commissioner finds that the nursing home had
uncorrected or repeated violations which create a risk to
resident care, safety, or rights, the commissioner shall notify
the commissioner of human services who shall (1) review
reimbursement to the nursing home to determine the extent to
which the state has paid for substandard care and, (2) furnish
the findings and disposition to the commissioner of health
within 30 days of notification require the facility to use any
efficiency incentive payments received under section 256B.431,
subdivision 2b, paragraph (d), to correct the violations and
shall require the facility to forfeit incentive payments for
failure to correct the violations as provided in section
256B.431, subdivision 2p. The forfeiture shall not apply to
correction orders issued for physical plant deficiencies.
Sec. 4. Minnesota Statutes 1990, section 245.465, is
amended to read:
245.465 [DUTIES OF COUNTY BOARD.]
Subdivision 1. 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 adult mental health services in accordance
with sections 245.461 to 245.486;
(2) provide for case management services to adults with
serious and persistent mental illness in accordance with
sections 245.462, subdivisions 3 and 4; 245.4711; and 245.486;
(3) provide for screening of adults 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;
(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;
and
(5) assure that mental health professionals, mental health
practitioners, and case managers employed by or under contract
with the county to provide mental health services have
experience and training in working with adults with mental
illness.
Subd. 2. [RESIDENTIAL AND COMMUNITY SUPPORT PROGRAMS FOR
PERSONS WITH MENTAL ILLNESS: SALARY ADJUSTMENTS PER DIEM.] In
establishing, operating, or contracting for the provision of
programs licensed under Minnesota Rules, parts 9520.0500 to
9520.0690 and programs funded under Minnesota Rules, parts
9535.0100 to 9535.1600, for the fiscal year beginning July 1,
1991, a county board's contract must reflect increased salaries
by multiplying the total salaries, payroll taxes, and fringe
benefits related to personnel below top management by three
percent. This increase shall remain in the base for purposes of
wage determination in future contract years. County boards
shall verify in writing to the commissioner that each program
has complied with this requirement. If a county board
determines that a program has not complied with this requirement
for a specific contract period, the county board shall reduce
the program's payment rates for the next contract period to
reflect the amount of money not spent appropriately. The
commissioner shall modify reporting requirements for programs
and counties as necessary to monitor compliance with this
provision.
Sec. 5. Minnesota Statutes 1990, section 246.23, is
amended to read:
246.23 [PERSONS ADMISSIBLE TO REGIONAL TREATMENT CENTERS.]
Subdivision 1. [RESIDENCE.] No person who has not a
settlement in a county, as defined in section 256D.18, shall be
admitted to a regional treatment center for persons with mental
illness, mental retardation, or chemical dependency, except that
the commissioner of human services may authorize admission
thereto when the residence cannot be ascertained, or when the
circumstances in the judgment of the commissioner make it
advisable. Except for emergency admissions under sections
253B.05 and 253B.11, or when authorized by the commissioner, a
chemical dependency program must not admit a chemically
dependent person unless the cost of services will be paid for by
private money or nongovernmental third-party payments, the
person has been placed by a county or a federally recognized
tribal unit that is responsible for payment, or the regional
treatment center obtains approval of the admission from the
county financially responsible for the person. The commissioner
shall maintain and enhance cooperative and effective
relationships between counties and regional treatment centers
and between the various regional treatment center chemical
dependency programs. In carrying out this responsibility. The
commissioner shall maintain a regionally based, state
administered system of chemical dependency programs. When
application is made to a judge of probate for admission to any
of the regional treatment centers above named for admission
thereto, if the judge finds that the person for whom application
is made has not such residence, or that residence cannot be
ascertained, the judge shall so report to the commissioner; and
may recommend that such person be admitted notwithstanding,
giving reasons therefor. The commissioner of human services
shall thereupon investigate the question of residence and, if
the commissioner finds that such person has not such residence
and has a legal residence in another state or country, the
commissioner may cause the person to be returned thereto at the
expense of this state.
Subd. 2. [CHEMICAL DEPENDENCY TREATMENT.] The commissioner
shall maintain a regionally based, state-administered system of
chemical dependency programs. Counties may refer individuals
who are eligible for services under chapter 254B to the chemical
dependency units in the regional treatment centers. A 15
percent county share of the per diem cost of treatment is
required for individuals served within the treatment capacity
funded by direct legislative appropriation. By July 1, 1991,
the commissioner shall establish criteria for admission to the
chemical dependency units that will maximize federal and private
funding sources, fully utilize the regional treatment center
capacity, and make state-funded treatment capacity available to
counties on an equitable basis. The admission criteria may be
adopted without rulemaking. Existing rules governing placements
under chapters 254A and 254B do not apply to admissions to the
capacity funded by direct appropriation. Private and
third-party collections and payments are appropriated to the
commissioner for the operation of the chemical dependency
units. In addition to the chemical dependency treatment
capacity funded by direct legislative appropriation, the
regional treatment centers may provide treatment to additional
individuals whose treatment is paid for out of the chemical
dependency consolidated treatment fund under chapter 254B, in
which case placement rules adopted under chapter 254B apply, or
through other nonstate payment sources.
Sec. 6. Minnesota Statutes 1990, section 246.64,
subdivision 3, is amended to read:
Subd. 3. [RESPONSIBILITIES OF COMMISSIONER.] The
commissioner shall credit all receipts from billings for rates
set in subdivision 1, except those credited according to
subdivision 2, to the chemical dependency fund. This money must
not be used for a regional treatment center activity that is not
a chemical dependency service or an allocation of expenditures
that are included in the base for computation of the rates under
subdivision 1. The commissioner may expand chemical dependency
services so long as expenditures are recovered by patient fees,
transfer of funds, or supplementary appropriations. The
commissioner may expand or reduce chemical dependency staff
complement as long as expenditures are recovered by patient
fees, transfer of funds, or supplementary appropriations. An
increase or decrease in chemical dependency staff shall not
result in an increase or decrease in staff in any facility or
unit not providing chemical dependency services.
Notwithstanding chapters 176 and 268, the commissioner shall
provide for the self-insurance of regional treatment center
chemical dependency programs for the costs of unemployment
compensation and workers' compensation claims. The commissioner
shall provide a biennial report to the chairs of the senate
finance subcommittee on health and human services, the house of
representatives human services division of appropriations, and
the senate and house of representatives health and human
services committees.
Sec. 7. Minnesota Statutes 1990, section 252.24, is
amended by adding a subdivision to read:
Subd. 5. [DAC'S: SALARY ADJUSTMENT PER DIEM.] The
commissioner shall approve a two percent increase in the payment
rates for day training and habilitation services vendors
effective July 1, 1991. All revenue generated shall be used by
vendors to increase salaries, fringe benefits, and payroll taxes
by at least three percent for personnel below top management.
County boards shall amend contracts with vendors to require that
all revenue generated by this provision is expended on salary
increases to staff below top management. County boards shall
verify in writing to the commissioner that each vendor has
complied with this requirement. If a county board determines
that a vendor has not complied with this requirement for a
specific contract period, the county board shall reduce the
vendor's payment rates for the next contract period to reflect
the amount of money not spent appropriately. The commissioner
shall modify reporting requirements for vendors and counties as
necessary to monitor compliance with this provision.
Each county agency shall report to the commissioner by July
30, 1991, its actual social service day training and
habilitation expenditures for calendar year 1990. The
commissioner shall allocate the day habilitation service CSSA
appropriation made available for this purpose to county agencies
in proportion to these expenditures.
Sec. 8. Minnesota Statutes 1990, section 252.275, is
amended by adding a subdivision to read:
Subd. 10. [SILS: SALARY ADJUSTMENTS; RATES.] In
establishing, operating, or contracting for the provision of
semi-independent living services, for the fiscal year beginning
July 1, 1991, a county board must contract at rates to pay for
increased salaries by multiplying the total salaries, payroll
taxes, and fringe benefits related to personnel below top
management by three percent. Any maximum rate limit shall be
adjusted to provide for this provision. The state shall provide
counties with proper reimbursement to cover these increased
costs. County boards shall verify in writing to the
commissioner that each semi-independent living service provider
has complied with this requirement. If a county board
determines that a semi-independent living service provider has
not complied with this requirement for a specific contract
period, the county board shall reduce the provider's payment
rates for the next contract period to reflect the amount of
money not spent appropriately. The commissioner shall modify
reporting requirements for providers and counties as necessary
to monitor compliance with this provision.
Sec. 9. Minnesota Statutes 1990, section 252.46,
subdivision 3, is amended to read:
Subd. 3. [RATE MAXIMUM.] Unless a variance is granted
under subdivision 6, the maximum payment rates for each vendor
for a calendar year must be equal to the payment rates approved
by the commissioner for that vendor in effect December 1 of the
previous calendar year 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. The
commissioner shall not provide an annual inflation adjustment
for the biennium ending June 30, 1993.
Sec. 10. Minnesota Statutes 1990, section 252.46,
subdivision 6, is amended to read:
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 commissioner shall develop by
October 1, 1989, a uniform format for submission of
documentation for the variance requests. This format shall be
used by each vendor requesting a variance. The form shall be
developed by the commissioner and shall be reviewed by
representatives of advocacy and provider groups and counties. A
variance may be utilized for costs associated with compliance
with state administrative rules, compliance with court orders,
capital costs required for continued licensure, increased
insurance costs, start-up and conversion costs for supported
employment, direct service staff salaries and benefits, and
transportation. The county board shall review all vendors'
payment rates that are ten or more than ten percent lower than
the statewide median payment rates. 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. 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 and recommended an effective date for the
change in the rate.
(2) The proposed changes are required for the vendor to
deliver authorized individual services in an effective and
efficient manner.
(3) The proposed changes are necessary to demonstrate
compliance with minimum licensing standards, or to provide
community-integrated and supported employment services after a
change in the vendor's existing services has been approved as
provided in section 252.28.
(4) The vendor documents that the changes cannot be
achieved by reallocating current staff or by reallocating
financial resources.
(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, and how the county will
monitor the use of money by the vendor to make necessary changes
in services.
(7) The county board's recommended payment rates do not
exceed 125 percent of the current calendar year's statewide
median payment rates.
The commissioner shall have 60 calendar days from the date
of the receipt of the complete request to accept or reject it,
or the request shall be deemed to have been granted. If the
commissioner rejects the request, the commissioner shall state
in writing the specific objections to the request and the
reasons for its rejection.
Sec. 11. Minnesota Statutes 1990, section 252.46,
subdivision 14, is amended to read:
Subd. 14. [PILOT STUDY.] The commissioner may initiate a
pilot payment rate system under section 252.47. The pilot
project may establish training and demonstration sites. The
pilot payment rate system must include actual transfers of
funds, not simulated transfers. The pilot payment rate system
may involve up to four counties and four vendors representing
different geographic regions and rates of reimbursement.
Participation in the pilot project is voluntary. Selection of
participants by the commissioner is based on the vendor's
submission of a complete application form provided by the
commissioner. The application must include letters of agreement
from the host county, counties of financial responsibility, and
residential service providers. Evaluation of the pilot project
must include consideration of the effectiveness of procedures
governing establishment of equitable payment rates.
Implementation of the pilot payment rate system is contingent
upon federal approval and systems feasibility. The policies and
procedures governing administration, participation, evaluation,
service utilization, and payment for services under the pilot
payment rate system are not subject to the rulemaking
requirements of chapter 14.
Sec. 12. Minnesota Statutes 1990, section 252.478,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT OF PROGRAM METRO
TRANSPORTATION SUPPORT GRANTS.] The commissioner of human
services shall establish and operate a metro transportation
support grants program to provide reimbursement for client
transportation by metro mobility, or cost-effective
alternatives, to day training and habilitation services for
which client transportation is a required and funded component,
and to maximize use of federal funds for this reimbursement. A
metro transportation support grants account shall be established
in the department of human services chart of accounts.
Sec. 13. Minnesota Statutes 1990, section 252.478,
subdivision 3, is amended to read:
Subd. 3. [COUNTY SHARE.] The county share of the metro
transportation support grants program costs will be distributed
by the department to all metropolitan counties from the metro
transportation support grants account. For state fiscal year
1991, the funds transferred from the regional transit board to
this account shall be distributed to: Ramsey county, 48
percent; Hennepin county, 46 percent; Dakota county, five
percent; and Anoka county, one percent. For subsequent fiscal
years, funds shall be distributed annually based on each
county's percentage of total expenses incurred for trips
provided on metro mobility to and from day training and
habilitation services during the preceding 12-month period. in
amounts not to exceed those received by the counties and used
for increased expenses incurred for trips provided on metro
mobility during fiscal year 1991. Counties must recommend
decreases to the payment rates for vendors whose transportation
costs decrease with use of cost-effective alternatives.
Counties should deposit these funds into the program accounts
that will incur the transportation expenses.
Sec. 14. Minnesota Statutes 1990, section 254B.04,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY.] (a) Persons eligible for
benefits under Code of Federal Regulations, title 25, part 20,
persons eligible for medical assistance benefits under sections
256B.055 and 256B.056 or who meet the income standards of
section 256B.056, subdivision 4, and persons eligible for
general assistance medical care under section 256D.03,
subdivision 3, are entitled to chemical dependency fund services.
State money appropriated for this paragraph must be placed in a
separate account established for this purpose.
(b) A person not entitled to services under paragraph (a),
but with family income that is less than 60 percent of the state
median income for a family of like size and composition, shall
be eligible to receive chemical dependency fund services within
the limit of funds available after persons entitled to services
under paragraph (a) have been served. A county may spend money
from its own sources to serve persons under this
paragraph. State money appropriated for this paragraph must be
placed in a separate account established for this purpose.
(c) Persons whose income is between 60 percent and 115
percent of the state median income shall be eligible for
chemical dependency services on a sliding fee basis, within the
limit of funds available, after persons entitled to services
under paragraph (a) and persons eligible for services under
paragraph (b) have been served. Persons eligible under this
paragraph must contribute to the cost of services according to
the sliding fee scale established under subdivision 3. A county
may spend money from its own sources to provide services to
persons under this paragraph. State money appropriated for this
paragraph must be placed in a separate account established for
this purpose.
Sec. 15. Minnesota Statutes 1990, section 254B.05, is
amended by adding a subdivision to read:
Subd. 4. [REGIONAL TREATMENT CENTERS.] Regional treatment
center chemical dependency treatment units are eligible
vendors. The commissioner may expand the capacity of chemical
dependency treatment units beyond the capacity funded by direct
legislative appropriation to serve individuals who are referred
for treatment by counties and whose treatment will be paid for
with a county's allocation under section 254B.02 or other
funding sources.
Sec. 16. Minnesota Statutes 1990, section 256.045,
subdivision 10, is amended to read:
Subd. 10. [PAYMENTS PENDING APPEAL.] If the commissioner
of human services 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. The human services referee may order
the local human services agency to reduce or terminate medical
assistance or general assistance medical care to a recipient
before a final order is issued under this section if: (1) the
human services referee determines at the hearing that the sole
issue on appeal is one of a change in state or federal law; and
(2) the commissioner or the local agency notifies the recipient
before the action. The state or county agency has a claim for
food stamps and, cash payments, medical assistance, and general
assistance medical care made to or on behalf of a recipient or
former recipient while an appeal is pending if the recipient or
former recipient is determined ineligible for the food
stamps and, cash payments, medical assistance, or general
assistance medical care as a result of the appeal, except for
medical assistance and general assistance medical care made on
behalf of a recipient pursuant to a court order.
Sec. 17. Minnesota Statutes 1990, section 256.936, is
amended by adding a subdivision to read:
Subd. 5. [APPEALS.] If the commissioner suspends, reduces,
or terminates eligibility for the children's health plan, or
services provided under the children's health plan, the
commissioner must provide notification according to the laws and
rules governing the medical assistance program. A children's
health plan applicant or enrollee aggrieved by a determination
of the commissioner has the right to appeal the determination
according to section 256.045.
Sec. 18. Minnesota Statutes 1990, section 256.9365,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM ESTABLISHED.] The commissioner of
human services shall establish a program to pay private health
plan premiums for persons who have contracted human
immunodeficiency virus (HIV) to enable them to continue coverage
under a group or individual health plan. If a person is
determined to be eligible under subdivision 2, the commissioner
shall: (1) pay the eligible person's group plan continuation
coverage premium for 18 months after termination of employment,
or the period of continuation coverage provided in the
Consolidated Omnibus Budget Reconciliation Act of 1985; or (2)
pay the eligible person's individual plan premium for 24 months
after initial application.
Sec. 19. Minnesota Statutes 1990, section 256.9365,
subdivision 3, is amended to read:
Subd. 3. [RULES.] The commissioner shall establish rules
as necessary to implement the program. Special requirements for
the payment of individual plan premiums under subdivision 2,
clause (5), must be designed to ensure that the state cost of
paying an individual plan premium over a two-year period does
not exceed the estimated state cost that would otherwise be
incurred in the medical assistance or general assistance medical
care program.
Sec. 20. [256.656] [DEPOSITS INTO THE GENERAL FUND.]
All money collected under section 256.9657 shall be
deposited in the general fund and is appropriated to the
commissioner of human services for the purposes of section
256B.74. Deposits do not cancel and are available until
expended.
Sec. 21. [256.9657] [PROVIDER SURCHARGES.]
Subdivision 1. [NURSING FACILITY LICENSE
SURCHARGE.] Effective July 1, 1991, each nursing facility
subject to the reimbursement principles in Minnesota Rules,
parts 9549.0010 to 9549.0080, shall pay to the commissioner an
annual surcharge according to the schedule in subdivision 4.
The surcharge shall be calculated as $500 per bed licensed on
the previous April 1.
Subd. 2. [HOSPITAL SURCHARGE.] (a) Effective July 1, 1991,
each Minnesota and local trade area hospital except facilities
of the federal Indian Health Service and regional treatment
centers shall pay to the medical assistance account a surcharge
equal to ten percent of medical assistance payments issued to
that provider for inpatient services according to the schedule
in subdivision 4. Medicare crossovers and indigent care
payments paid under section 256B.74 are excluded from the amount
of medical assistance payments issued.
(b) Effective July 1, 1991, each Minnesota and local trade
area hospital except facilities of the federal Indian Health
Service and regional treatment centers shall pay to the medical
assistance account a surcharge equal to five percent of medical
assistance payments issued to that provider for outpatient
services according to the schedule in subdivision 4. Medicare
crossovers are excluded from the amount of medical assistance
payments issued.
Subd. 3. [HEALTH PLAN SURCHARGE.] Effective July 1, 1991,
each health plan under contract with the commissioner shall pay
to the commissioner a surcharge equal to the equivalent value of
the surcharges described in subdivision 2 for each medical
assistance rate cell payment according to the schedule in
subdivision 4. The surcharge for each quarter or month of a
fiscal year shall be calculated based on the payments due in
September of the same fiscal year under subdivision 2.
Subd. 4. [PAYMENTS INTO THE ACCOUNT.] Payments to the
commissioner under subdivision 1 must be paid in monthly
installments due on the 15th of the month beginning August 15,
1991. The monthly payment must be equal to the annual surcharge
divided by 12. Payments to the commissioner under subdivisions
2 and 3 must be paid as follows: the first payment is a
quarterly payment due September 15, 1991, with subsequent
payments due monthly on the fifteenth of each month. The
September 15, 1991, payment under subdivisions 2 and 3 shall be
determined by taking the amount of medical assistance payments
issued to each provider in the calendar quarter beginning six
months prior to the quarter in which the payment is due
multiplied by the percentage surcharge for each provider. The
subsequent monthly payments shall be determined by taking the
amount of medical assistance payments issued to each provider in
the month beginning six months prior to the month in which the
payment is due multiplied by the percentage surcharge for each
provider.
Subd. 5. [NOT ALLOWABLE COST.] Provider payments to the
commissioner under this section are not an allowable cost for
purposes of the medical assistance program.
Subd. 6. [NOTICE; APPEALS.] At least 30 days prior to the
date the payment is due, the commissioner shall give each
provider a written notice of each payment due. A provider may
request a contested case hearing under chapter 14 within 30 days
of receipt of the notice. The decision of the commissioner
regarding the amount due stands until the appeal is decided.
The provider shall pay the contested payment at the time of
appeal with settle-up at the time of appeal resolution.
Subd. 7. [ENFORCEMENT.] The commissioner shall bring
action in district court to collect provider payments due under
subdivisions 1 to 3 that are more than 30 days in arrears.
Sec. 22. Minnesota Statutes 1990, section 256.9685,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY.] The commissioner shall
establish procedures for determining medical assistance and
general assistance medical care payment rates under a
prospective payment system for inpatient hospital services in
hospitals that qualify as vendors of medical assistance. The
commissioner shall establish, by rule, procedures for
implementing this section and sections 256.9686, 256.969, and
256.9695. The medical assistance payment rates must be based on
methods and standards that the commissioner finds are adequate
to provide for the costs that must be incurred for the care of
recipients in efficiently and economically operated hospitals.
Services must meet the requirements of section 256B.04,
subdivision 15, or 256D.03, subdivision 7, paragraph (b), to be
eligible for payment.
Sec. 23. Minnesota Statutes 1990, section 256.9686,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] For purposes of this section and
sections 256.9685, 256.969, and 256.9695, the following terms
and phrases have the meanings given.
Sec. 24. Minnesota Statutes 1990, section 256.9686,
subdivision 6, is amended to read:
Subd. 6. [HOSPITAL.] "Hospital" means a facility licensed
under sections 144.50 to 144.58 or, an out-of-state facility
licensed to provide acute care under the requirements of that
state in which it is located, or an Indian health service
facility designated to provide acute care by the federal
government.
Sec. 25. Minnesota Statutes 1990, section 256.969,
subdivision 1, is amended to read:
Subdivision 1. [HOSPITAL COST INDEX.] The hospital cost
index shall be obtained from an independent source and shall
represent a weighted average of historical, as limited to
statutory maximums, and projected cost change estimates
determined for expense categories to include wages and salaries,
employee benefits, medical and professional fees, raw food,
utilities, insurance including malpractice insurance, and other
applicable expenses as determined by the commissioner. The
index shall reflect Minnesota cost category weights. Individual
indices shall be specific to Minnesota if the commissioner
determines that sufficient accuracy of the hospital cost index
is achieved. The hospital cost index shall be used to adjust
the base year operating payment rate through the rate year on an
annually compounded basis. Notwithstanding section 256.9695,
subdivision 3, paragraph (c), the hospital cost index shall not
be effective under the general assistance medical care program
for admissions occurring during the biennium ending June 30,
1993.
Sec. 26. Minnesota Statutes 1990, section 256.969,
subdivision 2, is amended to read:
Subd. 2. [DIAGNOSTIC CATEGORIES.] The commissioner shall
use to the extent possible existing diagnostic classification
systems, including the system used by the Medicare program to
determine the relative values of inpatient services and case mix
indices. The commissioner may combine diagnostic
classifications into diagnostic categories and may establish
separate categories and numbers of categories based on program
eligibility or hospital peer group. Relative values shall be
recalculated when the base year is changed and shall not be
determined on a hospital specific basis. Relative value
determinations shall include paid claims for admissions during
each hospital's base year. The commissioner may extend the time
period forward to obtain sufficiently valid information to
establish relative values. Relative value determinations shall
not include property cost data, Medicare crossover data, and
data from the transferring hospital on admissions that are paid
a per day transfer discharges, except data on transfer
discharges with a burn diagnostic classification or data on
transfer discharges for the patient's convenience that have been
reported by the hospital to the commissioner by the October 1
preceding the rate year under subdivision 13. The computation
of the base year cost per admission must include identified
outlier cases and their weighted costs up to the point that they
become outlier cases, but must exclude costs recognized in
outlier payments beyond that point. The commissioner may
recategorize the diagnostic classifications and recalculate
relative values and case mix indices 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.
Sec. 27. Minnesota Statutes 1990, section 256.969,
subdivision 2c, is amended to read:
Subd. 2c. [PROPERTY PAYMENT RATES.] For each hospital's
first two consecutive fiscal years beginning on or after July 1,
1988, the commissioner shall limit the annual increase in
property payment rates for depreciation, rents and leases, and
interest expense to the annual growth in the hospital cost index
derived from the methodology in effect on the day before July 1,
1989. When computing budgeted and settlement property payment
rates, the commissioner shall use the annual increase in the
hospital cost index forecasted by Data Resources, Inc.,
consistent with the quarter of the hospital's fiscal year end.
For admissions occurring on or after the rate year beginning
January 1, 1991, the commissioner shall obtain property data
from an updated base year and establish property payment rates
per admission for each hospital. Property payment rates shall
be derived from data from the same base year that is used to
establish operating payment rates. The property information
shall include cost categories not subject to the hospital cost
index and shall reflect the cost-finding methods and allowable
costs of the Medicare program in effect during the base year.
The base year property payment rate per admission rates shall be
adjusted for positive percentage change differences increases in
the net book value of hospital property and equipment cost by
increasing the base year property payment rate per admission 85
percent of the percentage change from the base year through
the most recent year ending prior to the rate year for
which required information is available a Medicare cost report
has been submitted to the Medicare program and filed with the
department by the October 1 before the rate year. The
percentage change shall be derived from equivalent audited
information in both years and shall be adjusted to account for
changes in generally accepted accounting principles,
reclassification of assets, allocations to nonhospital areas,
and fiscal years. The cost, audit, and charge data used to
establish property rates shall only reflect inpatient services
covered by medical assistance and shall not include operating
cost information. To be eligible for the property payment rate
per admission adjustment, the hospital must provide the
necessary information to the commissioner, in a format specified
by the commissioner, by the October 1 preceding the rate year.
The commissioner shall adjust rates for the rate year beginning
January 1, 1991, to ensure that all hospitals are subject to the
hospital cost index limitation for two complete years.
Sec. 28. Minnesota Statutes 1990, section 256.969,
subdivision 3a, is amended to read:
Subd. 3a. [PAYMENTS.] Acute care hospital billings under
the medical assistance program must not be submitted until the
recipient is discharged. However, the commissioner shall
establish monthly interim payments for inpatient hospitals that
have individual patient lengths of stay over 30 days regardless
of diagnostic category. To establish interim rates, the
commissioner is exempt from the requirements of chapter 14.
Medical assistance reimbursement for treatment of mental illness
shall be reimbursed based on diagnostic classifications. The
commissioner may selectively contract with hospitals for
services within the diagnostic categories 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 use a hospital under contract with the commissioner,
as long as the physician meets credentialing standards of the
individual hospital. Individual hospital payments established
under this section and sections 256.9685, 256.9686, and
256.9695, in addition to third party and recipient liability,
for admissions discharges occurring during the rate year shall
not exceed, in aggregate, the charges for the medical assistance
covered inpatient services paid for the same period of time to
the hospital. This payment limitation is not applicable and
shall not be calculated to include separately for medical
assistance and general assistance medical care services. The
limitation on general assistance medical care shall be effective
for admissions occurring on or after July 1, 1991. Services
that have rates established under subdivision 6a, paragraph (a),
clause (5) or (6), must be limited separately from other
services. After consulting with the affected hospitals, the
commissioner may consider related hospitals one entity and may
merge the payment rates while maintaining separate provider
numbers. The operating and property base rates per admission or
per day shall be derived from the best Medicare and claims data
available when rates are established. The commissioner shall
determine the best Medicare and claims data, taking into
consideration variables of recency of the data, audit
disposition, settlement status, and the ability to set rates in
a timely manner. The commissioner shall notify hospitals of
payment rates by December 1 of the year preceding the rate
year. The rate setting data must reflect the admissions data
used to establish relative values. Base year changes from 1981
to the base year established for the rate year beginning January
1, 1991, and for subsequent rate years, shall not be limited to
the limits ending June 30, 1987, on the maximum rate of increase
under subdivision 1. The commissioner may adjust base year
cost, relative value, and case mix index data to exclude the
costs of services that have been discontinued by the October 1
of the year preceding the rate year or that are paid separately
from inpatient services. Inpatient stays that encompass
portions of two or more rate years shall have payments
established based on payment rates in effect at the time of
admission unless the date of admission preceded the rate year in
effect by six months or more. In this case, operating payment
rates for services rendered during the rate year in effect and
established based on the date of admission shall be adjusted to
the rate year in effect by the hospital cost index.
Sec. 29. Minnesota Statutes 1990, section 256.969,
subdivision 6a, is amended to read:
Subd. 6a. [SPECIAL CONSIDERATIONS.] (a) In determining the
payment rates, the commissioner shall consider whether the
following circumstances in subdivisions 7 to 14 exist:.
(1) Subd. 7. [MINIMAL MEDICAL ASSISTANCE USE.] Minnesota
hospitals with 30 or fewer annualized admissions of Minnesota
medical assistance recipients in the base year, excluding
Medicare crossover admissions, may have the base year operating
rates, as adjusted by the case mix index, and property payment
rates established at the 70th percentile of hospitals in the
peer group in effect during the base year as established by the
Minnesota department of health for use by the rate review
program. Rates within a peer group shall be adjusted for
differences in fiscal years and outlier percentage payments
before establishing the 70th percentile. The operating payment
rate portion of the 70th percentile shall be adjusted by the
hospital cost index. To have rates established under this
paragraph, the hospital must notify the commissioner in writing
by November 1 of the year preceding the rate year. This
paragraph shall be applied to all payment rates of the affected
hospital.
(2) Subd. 8. [UNUSUAL COST OR LENGTH OF STAY EXPERIENCE.]
The commissioner shall establish day and cost outlier thresholds
for each diagnostic category established under subdivision 2 at
two standard deviations beyond the geometric mean length of stay
or allowable cost. Payment for the days and cost beyond the
outlier threshold shall be in addition to the operating and
property payment rates per admission established under
subdivisions 2, 2b, and 2c. Payment for outliers shall be at 70
percent of the allowable operating cost calculated by dividing
the operating payment rate per admission, after adjustment by
the case mix index, hospital cost index, relative values and the
disproportionate population adjustment, by the arithmetic mean
length of stay for the diagnostic category. The outlier
threshold for neonatal and burn diagnostic categories shall be
established at one standard deviation beyond the geometric mean
length of stay or allowable cost, and payment shall be at 90
percent of allowable operating cost calculated in the same
manner as other outliers. A hospital may choose an alternative
percentage to the 70 percent outlier payment to that is at a
minimum of 60 percent and a maximum of 80 percent if the
commissioner is notified in writing of the request by October 1
of the year preceding the rate year. The chosen percentage
applies to all diagnostic categories except burns and neonates.
The percentage of allowable cost that is unrecognized by the
outlier payment shall be added back to the base year operating
payment rate per admission. Cost outliers shall be calculated
using hospital specific allowable cost data. If a stay is both
a day and a cost outlier, outlier payments shall be based on the
higher outlier payment.
(3) Subd. 9. [DISPROPORTIONATE NUMBERS OF LOW-INCOME
PATIENTS SERVED.] For admissions occurring on or after July 1,
1989, the medical assistance disproportionate population
adjustment shall comply with federal law at fully implemented
rates. The commissioner may establish a separate
disproportionate population operating payment rate adjustment
under the general assistance medical care program. For
admissions occurring on or after the rate year beginning January
1, 1991, the disproportionate population adjustment shall be
derived from base year Medicare cost report data and may be
adjusted by data reflecting actual claims paid by the department.
(4) Subd. 10. [SEPARATE BILLING BY CERTIFIED REGISTERED
NURSE ANESTHETISTS.] Hospitals may exclude certified registered
nurse anesthetist costs from the operating payment rate as
allowed by section 256B.0625, subdivision 11. To be eligible, a
hospital must notify the commissioner in writing by October 1 of
the year preceding the rate year of the request to exclude
certified registered nurse anesthetist costs. The hospital must
agree that all hospital claims for the cost and charges of
certified registered nurse anesthetist services will not be
included as part of the rates for inpatient services provided
during the rate year. In this case, the operating payment rate
shall be adjusted to exclude the cost of certified registered
nurse anesthetist services. Payments made through separate
claims for certified registered nurse anesthetist services shall
not be paid directly through the hospital provider number or
indirectly by the certified registered nurse anesthetist to the
hospital or related organizations.
For admissions occurring on or after July 1, 1991, and
until the expiration date of section 256.9695, subdivision 3,
services of certified registered nurse anesthetists provided on
an inpatient basis may be paid as allowed by section 256B.0625,
subdivision 11, when the hospital's base year did not include
the cost of these services. To be eligible, a hospital must
notify the commissioner in writing by July 1, 1991, of the
request and must comply with all other requirements of this
subdivision.
(5) Subd. 11. [SPECIAL RATES.] The commissioner may
establish special rate-setting methodologies, including a per
day operating and property payment system, for hospice,
ventilator dependent, and other services on a hospital and
recipient specific basis taking into consideration such
variables as federal designation, program size, and admission
from a medical assistance waiver or home care program. The data
and rate calculation method shall conform to the requirements of
paragraph (7) subdivision 13, except that rates shall not be
standardized by the case mix index or adjusted by relative
values and hospice rates shall not exceed the amount allowed
under federal law and payment shall be secondary to any other
medical assistance hospice program. Rates and payments
established under this paragraph subdivision must meet the
requirements of section 256.9685, subdivisions 1 and 2, and must
not exceed payments that would otherwise be made to a hospital
in total for rate year admissions under subdivisions 2, 2b, 2c,
3, 4, 5, and 6. The cost and charges used to establish rates
shall only reflect inpatient medical assistance covered
services. Hospital and claims data that are used to establish
rates under this paragraph subdivision shall not be used to
establish payments or relative values under subdivisions 2, 2b,
2c, 3, 4, 5 3a, 4a, 5a, and 6 7 to 14.
(6) Subd. 12. [REHABILITATION DISTINCT PARTS.] Units of
hospitals that are recognized as rehabilitation distinct parts
by the Medicare program shall have separate provider numbers
under the medical assistance program for rate establishment and
billing purposes only. These units shall also have operating
and property payment rates and the disproportionate population
adjustment, if allowed by federal law, established separately
from other inpatient hospital services, based on the methods of
subdivisions 2, 2b, 2c, 3, 4, 5, and 6. The commissioner may
establish separate relative values under subdivision 2 for
rehabilitation hospitals and distinct parts as defined by the
Medicare program. For individual hospitals that did not have
separate medical assistance rehabilitation provider numbers or
rehabilitation distinct parts in the base year, hospitals shall
provide the information needed to separate rehabilitation
distinct part cost and claims data from other inpatient service
data.
(7) Subd. 13. [NEONATAL TRANSFERS.] For admissions
occurring on or after July 1, 1989, neonatal diagnostic category
transfers shall have operating and property payment rates
established at receiving hospitals which have neonatal intensive
care units on a per day payment system that is based on the cost
finding methods and allowable costs of the Medicare program
during the base year. Other neonatal diagnostic category
transfers shall have rates established according to paragraph
(8) subdivision 14. The rate per day for the neonatal service
setting within the hospital shall be determined by dividing base
year neonatal allowable costs by neonatal patient days. The
operating payment rate portion of the rate shall be adjusted by
the hospital cost index and the disproportionate population
adjustment. For admissions occurring after the transition
period specified in section 256.9695, subdivision 3, the
operating payment rate portion of the rate shall be standardized
by the case mix index and adjusted by relative values. The cost
and charges used to establish rates shall only reflect inpatient
services covered by medical assistance. Hospital and claims
data used to establish rates under this paragraph subdivision
shall not be used to establish payments or relative values rates
under subdivisions 2, 2b, 2c, 3, 4, 5 3a, 4a, 5a, and 6 7 to 14.
(8) Subd. 14. [TRANSFERS.] Except as provided
in paragraphs (5) subdivisions 11 and (7) 13, operating and
property payment rates for admissions that result in transfers
and transfers shall be established on a per day payment system.
The per day payment rate shall be the sum of the adjusted
operating and property payment rates determined in under this
subdivision and subdivisions 2, 2b and, 2c, 3a, 4a, 5a, and 7
to 12, divided by the arithmetic mean length of stay for the
diagnostic category. Each admission that results in a transfer
and each transfer is considered a separate admission to each
hospital, and the total of the admission and transfer payments
to each hospital must not exceed the total per admission payment
that would otherwise be made to each hospital under paragraph
(2) and this subdivision and subdivisions 2, 2b and, 2c, 3a,
4a, 5a, and 7 to 13.
(b) Subd. 15. [ROUTINE SERVICE COST LIMITATION;
APPLICABILITY.] The computation of each hospital's payment rate
and the relative values of the diagnostic categories are not
subject to the routine service cost limitation imposed under the
Medicare program.
(c) Subd. 16. [INDIAN HEALTH SERVICE FACILITIES.] Indian
health service facilities are exempt from the rate establishment
methods required by this section and shall be reimbursed at the
facility's usual and customary charges to the general public as
limited to the amount allowed under federal law. This exemption
is not effective for payments under general assistance medical
care.
(d) Subd. 17. [OUT-OF-STATE HOSPITALS IN LOCAL TRADE
AREAS.] Except as provided in paragraph (a), clauses (1) and
(3), Out-of-state hospitals that are located within a Minnesota
local trade area shall have rates established using the same
procedures and methods that apply to Minnesota hospitals. For
this subdivision and subdivision 18, local trade area means a
county contiguous to Minnesota. Hospitals that are not required
by law to file information in a format necessary to establish
rates shall have rates established based on the commissioner's
estimates of the information. Relative values of the diagnostic
categories shall not be redetermined under this paragraph
subdivision until required by rule. Hospitals affected by
this paragraph subdivision shall then be included in determining
relative values. However, hospitals that have rates established
based upon the commissioner's estimates of information shall not
be included in determining relative values. This paragraph
subdivision is effective for hospital fiscal years beginning on
or after July 1, 1988. A hospital shall provide the information
necessary to establish rates under this paragraph subdivision at
least 90 days before the start of the hospital's fiscal year.
(e) Subd. 18. [OUT-OF-STATE HOSPITALS OUTSIDE LOCAL TRADE
AREAS.] Hospitals that are not located within Minnesota or a
Minnesota local trade area shall have operating and property
rates established at the average of statewide and local trade
area rates or, at the commissioner's discretion, at an amount
negotiated by the commissioner. Relative values shall not
include data from hospitals that have rates established under
this paragraph subdivision. Payments, including third party and
recipient liability, established under this paragraph
subdivision may not exceed the charges on a claim specific basis
for inpatient services that are covered by medical assistance.
(f) Subd. 19. [METABOLIC DISORDER TESTING OF MEDICAL
ASSISTANCE RECIPIENTS.] Medical assistance inpatient payment
rates must include the cost incurred by hospitals to pay the
department of health for metabolic disorder testing of newborns
who are medical assistance recipients, if the cost is not
recognized by another payment source.
(g) Subd. 20. [INCREASES IN MEDICAL ASSISTANCE INPATIENT
PAYMENTS; CONDITIONS.] (a) Medical assistance inpatient payments
shall increase 20 percent for inpatient hospital originally paid
admissions, excluding Medicare crossovers, that occurred between
July 1, 1988, and December 31, 1990, if: (i) the hospital had
100 or fewer Minnesota medical assistance annualized paid
admissions, excluding Medicare crossovers, that were paid by
March 1, 1988, for the period January 1, 1987, to June 30, 1987;
(ii) the hospital had 100 or fewer licensed beds on March 1,
1988; (iii) the hospital is located in Minnesota; and (iv) the
hospital is not located in a city of the first class as defined
in section 410.01. For this paragraph, medical assistance does
not include general assistance medical care.
(h) (b) Medical assistance inpatient payments shall
increase 15 percent for inpatient hospital originally paid
admissions, excluding Medicare crossovers, that occurred between
July 1, 1988, and December 31, 1990, if: (i) the hospital had
more than 100 but fewer than 250 Minnesota medical assistance
annualized paid admissions, excluding Medicare crossovers, that
were paid by March 1, 1988, for the period January 1, 1987, to
June 30, 1987; (ii) the hospital had 100 or fewer licensed beds
on March 1, 1988; (iii) the hospital is located in Minnesota;
and (iv) the hospital is not located in a city of the first
class as defined in section 410.01. For this paragraph, medical
assistance does not include general assistance medical care.
(i) Subd. 21. [MENTAL HEALTH OR CHEMICAL DEPENDENCY
ADMISSIONS; RATES.] Admissions occurring on or after July 1,
1990, that are classified to a diagnostic category of mental
health or chemical dependency shall have rates established
according to the methods of paragraph (a), clause
(8) subdivision 14, except the per day rate shall be multiplied
by a factor of 2, provided that the total of the per day rates
shall not exceed the per admission rate. This methodology shall
also apply when a hold or commitment is ordered by the court for
the days that inpatient hospital services are medically
necessary. Stays which are medically necessary for inpatient
hospital services and covered by medical assistance shall not be
billable to any other governmental entity. Medical necessity
shall be determined under criteria established to meet the
requirements of section 256B.04, subdivision 15, or 256D.03,
subdivision 7, paragraph (b).
Sec. 30. Minnesota Statutes 1990, section 256.9695,
subdivision 1, is amended to read:
Subdivision 1. [APPEALS.] A hospital may appeal a decision
arising from the application of standards or methods under
section 256.9685, 256.9686, or 256.969, if an appeal would
result in a change to the hospital's payment rate or payments.
Both overpayments and underpayments that result from the
submission of appeals shall be implemented. Regardless of any
appeal outcome, relative values shall not be recalculated. The
appeal shall be heard by an administrative law judge according
to sections 14.48 14.57 to 14.56 14.62, or upon agreement by
both parties, according to a modified appeals procedure
established by the commissioner and the office of administrative
hearings. In any proceeding under this section, the appealing
party must demonstrate by a preponderance of the evidence that
the commissioner's determination is incorrect or not according
to law.
(a) To appeal a payment rate or payment determination or a
determination made from base year information, the hospital
shall file a written appeal request to the commissioner within
60 days of the date the payment rate determination was mailed.
The appeal request shall specify: (i) the disputed items; (ii)
the authority in federal or state statute or rule upon which the
hospital relies for each disputed item; and (iii) the name and
address of the person to contact regarding the appeal. A change
to a payment rate or payments that results from a successful
appeal to the Medicare program of the base year information
establishing rates for the rate year beginning in 1991 and after
is a prospective adjustment to subsequent rate years. After
December 31, 1990, payment rates shall not be adjusted for
appeals of base year information that affect years prior to the
rate year beginning January 1, 1991. Facts to be considered in
any appeal of base year information are limited to those in
existence at the time the payment rates of the first rate year
were established from the base year information. In the case of
Medicare settled appeals, the 60-day appeal period shall begin
on the mailing date of the notice by the Medicare program or the
date the medical assistance payment rate determination notice is
mailed, whichever is later.
(b) To appeal a payment rate or payment change that results
from a difference in case mix between the base year and a rate
year, the procedures and requirements of paragraph (a) apply.
However, the appeal must be filed with the commissioner within
120 days after the end of a rate year. A case mix appeal must
apply to the cost of services to all medical assistance patients
that received inpatient services from the hospital during the
rate year appealed.
Sec. 31. Minnesota Statutes 1990, section 256B.031,
subdivision 4, is amended to read:
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 consult with an independent actuary to establish
in establishing prepayment rates, but shall retain final control
over the rate methodology. Rates established for prepaid health
plans must be based on the services that the prepaid health plan
provides under contract with the commissioner.
Sec. 32. Minnesota Statutes 1990, section 256B.031, is
amended by adding a subdivision to read:
Subd. 11. [LIMITATION ON REIMBURSEMENT TO PROVIDERS NOT
AFFILIATED WITH A PREPAID HEALTH PLAN.] A prepaid health plan
may limit any reimbursement it may be required to pay to
providers not employed by or under contract with the prepaid
health plan to the medical assistance rates for medical
assistance enrollees, and the general assistance medical care
rates for general assistance medical care enrollees, paid by the
commissioner of human services to providers for services to
recipients not enrolled in a prepaid health plan.
Sec. 33. Minnesota Statutes 1990, section 256B.055,
subdivision 10, is amended to read:
Subd. 10. [INFANTS.] Medical assistance may be paid for an
infant less than one year of age born on or after October 1,
1984, whose mother was eligible for and receiving medical
assistance at the time of birth and who remains in the mother's
household or who is in a family with countable income that is
equal to or less than the income standard established under
section 256B.057, subdivision 1. Eligibility under this
subdivision is concurrent with the mother's and does not depend
on the father's income except as the income affects the mother's
eligibility.
Sec. 34. Minnesota Statutes 1990, section 256B.055,
subdivision 12, is amended to read:
Subd. 12. [DISABLED CHILDREN.] (a) A person is eligible
for medical assistance if the person is under age 19 and
qualifies as a disabled individual under United States Code,
title 42, section 1382c(a), and would be eligible for medical
assistance under the state plan if residing in a medical
institution, and who requires a level of care provided in a
hospital, skilled nursing facility, intermediate care facility,
or intermediate care facility for persons with mental
retardation or related conditions, for whom home care is
appropriate, provided that the cost to medical assistance for
home care services is not more than the amount that medical
assistance would pay for appropriate institutional care.
(b) For purposes of this subdivision, "hospital" means an
acute care institution as defined in section 144.696,
subdivision 3, licensed pursuant to sections 144.50 to 144.58,
which is appropriate if a person is technology dependent or has
a chronic health condition which requires frequent intervention
by a health care professional to avoid death.
(c) For purposes of this subdivision, "skilled nursing
facility" and "intermediate care facility" means a facility
which provides nursing care as defined in section 144A.01,
subdivision 5, licensed pursuant to sections 144A.02 to 144A.10,
which is appropriate if a person is in active restorative
treatment; is in need of special treatments provided or
supervised by a licensed nurse; or has unpredictable episodes of
active disease processes requiring immediate judgment by a
licensed nurse.
(d) For purposes of this subdivision, "intermediate care
facility for the mentally retarded" or "ICF/MR" means a program
licensed to provide services to persons with mental retardation
under section 252.28, and chapter 245A, and a physical plant
licensed as a supervised living facility under chapter 144,
which together are certified by the Minnesota department of
health as meeting the standards in Code of Federal Regulations,
title 42, part 483, for an intermediate care facility which
provides services for persons with mental retardation or persons
with related conditions who require 24-hour supervision and
active treatment for medical, behavioral, or habilitation needs.
(e) For purposes of this subdivision, a person "requires a
level of care provided in a hospital, skilled nursing facility,
intermediate care facility, or intermediate care facility for
persons with mental retardation or related conditions" if the
person requires 24-hour supervision because the person exhibits
suicidal or homicidal ideation or behavior, psychosomatic
disorders or somatopsychic disorders that may become life
threatening, severe socially unacceptable behavior associated
with psychiatric disorder, psychosis or severe developmental
problems requiring continuous skilled observation, or disabling
symptoms that do not respond to office-centered outpatient
treatment.
The determination of the level of care needed by the child
shall be made by the commissioner based on information supplied
to the commissioner by the case manager if the child has one,
the parent or guardian, the child's physician or physicians or,
if available, the screening information obtained under section
256B.092.
Sec. 35. Minnesota Statutes 1990, section 256B.057,
subdivision 1, is amended to read:
Subdivision 1. [PREGNANT WOMEN AND INFANTS.] An infant
less than one year of age or a pregnant woman who has written
verification of a positive pregnancy test from a physician or
licensed registered nurse, is eligible for medical assistance if
countable family income is equal to or less than 185 percent of
the federal poverty guideline for the same family size.
Eligibility for a pregnant woman or infant less than one year of
age under this subdivision must be determined without regard to
asset standards established in section 256B.056, subdivision 3.
Adjustments in the income limits due to annual changes in the
federal poverty guidelines shall be implemented the first day of
July following publication of the changes.
An infant born on or after January 1, 1991, to a woman who
was eligible for and receiving medical assistance on the date of
the child's birth shall continue to be eligible for medical
assistance without redetermination until the child's first
birthday, as long as the child remains in the woman's household.
Sec. 36. Minnesota Statutes 1990, section 256B.057,
subdivision 2, is amended to read:
Subd. 2. [CHILDREN.] A child one through five years of age
in a family whose countable income is less than 133 percent of
the federal poverty guidelines for the same family size, is
eligible for medical assistance. A child six through seven 18
years of age, who was born after September 30, 1983, in a family
whose countable income is less than 100 percent of the federal
poverty guidelines for the same family size is eligible for
medical assistance. Eligibility for children under this
subdivision must be determined without regard to asset standards
established in section 256B.056, subdivision 3. Adjustments in
the income limits due to annual changes in the federal poverty
guidelines shall be implemented the first day of July following
publication of the changes.
Sec. 37. Minnesota Statutes 1990, section 256B.057,
subdivision 3, is amended to read:
Subd. 3. [QUALIFIED MEDICARE BENEFICIARIES.] A person who
is entitled to Part A Medicare benefits, whose income is equal
to or less than 85 percent of the federal poverty guidelines,
and whose assets are no more than twice the asset limit used to
determine eligibility for the supplemental security income
program, is eligible for medical assistance reimbursement of
Part A and Part B premiums, Part A and Part B coinsurance and
deductibles, and cost-effective premiums for enrollment with a
health maintenance organization or a competitive medical plan
under section 1876 of the Social Security Act. The income limit
shall be increased to 90 percent of the federal poverty
guidelines on January 1, 1990; and to 95 100 percent on January
1, 1991; and to 100 percent on January 1, 1992. Reimbursement
of the Medicare coinsurance and deductibles, when added to the
amount paid by Medicare, must not exceed the total rate the
provider would have received for the same service or services if
the person were a medical assistance recipient with Medicare
coverage. Adjustments in the income limits due to annual
changes in the federal poverty guidelines shall be implemented
the first day of July following publication of the
changes. Increases in benefits under Title II of the Social
Security Act shall not be counted as income for purposes of this
subdivision until the first day of the second full month
following publication of the change in the federal poverty
guidelines.
Sec. 38. Minnesota Statutes 1990, section 256B.057,
subdivision 4, is amended to read:
Subd. 4. [QUALIFIED WORKING DISABLED ADULTS.] A person who
is entitled to Medicare Part A benefits under section 1818A of
the Social Security Act; whose income does not exceed 200
percent of the federal poverty guidelines for the applicable
family size; whose nonexempt assets do not exceed twice the
maximum amount allowable under the supplemental security income
program, according to family size; and who is not otherwise
eligible for medical assistance, is eligible for medical
assistance reimbursement of the Medicare Part A premium.
Adjustments in the income limits due to annual changes in the
federal poverty guidelines shall be implemented the first day of
July following publication of the changes.
Sec. 39. Minnesota Statutes 1990, section 256B.057, is
amended by adding a subdivision to read:
Subd. 6. [DISABLED WIDOWS AND WIDOWERS.] A person who is
at least 50 years old who is entitled to disabled widow's or
widower's benefits under United States Code, title 42, section
402(e) or (f), who is not entitled to Medicare Part A, and who
received supplemental security income or Minnesota supplemental
aid in the month before the month the widow's or widower's
benefits began, is eligible for medical assistance as long as
the person would be entitled to supplemental security income or
Minnesota supplemental aid in the absence of the widow's or
widower's benefits.
Sec. 40. Minnesota Statutes 1990, section 256B.0575, is
amended to read:
256B.0575 [AVAILABILITY OF INCOME FOR INSTITUTIONALIZED
PERSONS.]
When an institutionalized person is determined eligible for
medical assistance, the income that exceeds the deductions in
paragraphs (a) and (b) must be applied to the cost of
institutional care.
(a) The following amounts must be deducted from the
institutionalized person's income in the following order:
(1) the personal needs allowance under section 256B.35 or,
for a veteran who does not have a spouse or child, the amount of
his or her veteran's pension not exceeding $90 per month;
(2) the personal allowance for disabled individuals under
section 256B.36;
(3) if the institutionalized person has a legally appointed
guardian or conservator, five percent of the recipient's gross
monthly income up to $100 as reimbursement for guardianship or
conservatorship services;
(4) a monthly income allowance determined under section
256B.058, subdivision 2, but only to the extent income of the
institutionalized spouse is made available to the community
spouse;
(5) a monthly allowance for children under age 18 which,
together with the net income of the children, would provide
income equal to the medical assistance standard for families and
children according to section 256B.056, subdivision 4, for a
family size that includes only the minor children. This
deduction applies only if the children do not live with the
community spouse and only if the children resided with the
institutionalized person immediately prior to admission;
(6) a monthly family allowance for other family members,
equal to one-third of the difference between 122 percent of the
federal poverty guidelines and the monthly income for that
family member; and
(7) reparations payments made by the Federal Republic of
Germany; and
(8) amounts for reasonable expenses incurred for necessary
medical or remedial care for the institutionalized spouse that
are not medical assistance covered expenses and that are not
subject to payment by a third party.
For purposes of clause (6), "other family member" means a
person who resides with the community spouse and who is a minor
or dependent child, dependent parent, or dependent sibling of
either spouse. "Dependent" means a person who could be claimed
as a dependent for federal income tax purposes under the
Internal Revenue Code.
(b) Income shall be allocated to an institutionalized
person 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:
(1) a physician certifies that the person is expected to
reside in the long-term care facility for three calendar months
or less;
(2) if the person has expenses of maintaining a residence
in the community; and
(3) if one of the following circumstances apply:
(i) the person was not living together with a spouse or a
family member as defined in paragraph (a) when the person
entered a long-term care facility; or
(ii) the person and the person's spouse become
institutionalized on the same date, in which case the allocation
shall be applied to the income of one of the spouses.
For purposes of this paragraph, a person is determined to be
residing in a licensed nursing home, regional treatment center,
or medical institution if the person is expected to remain for a
period of one full calendar month or more.
Sec. 41. Minnesota Statutes 1990, section 256B.0625,
subdivision 4, is amended to read:
Subd. 4. [OUTPATIENT AND PHYSICIAN-DIRECTED CLINIC
SERVICES.] Medical assistance covers outpatient hospital or
physician-directed clinic services. The physician-directed
clinic staff shall include at least two physicians and all
services shall be provided under the direct supervision of a
physician. 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 14.001 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
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.
Sec. 42. Minnesota Statutes 1990, section 256B.0625, is
amended by adding a subdivision to read:
Subd. 4a. [SECOND MEDICAL OPINION FOR SURGERY.] Certain
surgeries require a second medical opinion to confirm the
necessity of the procedure, in order for reimbursement to be
made. The commissioner shall publish in the State Register a
list of surgeries that require a second medical opinion and the
criteria and standards for deciding whether a surgery should
require a second medical 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 about whether a second
medical opinion is required, made according to rules governing
that decision, is not subject to administrative appeal.
Sec. 43. Minnesota Statutes 1990, section 256B.0625,
subdivision 13, is amended to read:
Subd. 13. [DRUGS.] (a) Medical assistance covers drugs if
prescribed by a licensed practitioner and dispensed by a
licensed pharmacist, or by a physician enrolled in the medical
assistance program as a dispensing physician. The commissioner
shall designate a formulary committee to advise the commissioner
on the names of drugs for which payment is 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
shall establish a drug formulary. Its establishment and
publication shall not be subject to the requirements of the
administrative procedure act, but the formulary committee shall
review and comment on the formulary contents. The formulary
committee shall review and recommend drugs which require prior
authorization. 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, products for the treatment of lice, and vitamins for
children under the age of seven and pregnant or nursing women;
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,
drug formulary committee 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.
(b) 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
multisource 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 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
legend drug 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. Over-the-counter
medications must be dispensed in the manufacturer's unopened
package. The commissioner may permit the drug clozapine to be
dispensed in a quantity that is less than a 30-day supply.
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 - brand necessary" on the prescription as
required by section 151.21, subdivision 2. Implementation of
any change in the fixed dispensing fee that has not been subject
to the administrative procedure act is limited to not more than
180 days, unless, during that time, the commissioner initiates
rulemaking through the administrative procedure act.
Sec. 44. Minnesota Statutes 1990, section 256B.0625,
subdivision 17, is amended to read:
Subd. 17. [TRANSPORTATION COSTS.] (a) Medical assistance
covers 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 subdivision, a person who is
incapable of transport by taxicab or bus shall be considered to
be nonambulatory.
(b) Medical assistance covers special transportation, as
defined in Minnesota Rules, part 9505.0315, subpart 1, item F,
if the provider receives and maintains a current physician's
order by the recipient's attending physician. The commissioner
shall establish maximum medical assistance reimbursement rates
for special transportation services for persons who need a
wheelchair lift van or stretcher-equipped vehicle and for those
who do not need a wheelchair lift van or stretcher-equipped
vehicle. The average of these two rates must not exceed $12.50
for the base rate and $1 per mile. Special transportation
provided to nonambulatory persons who do not need a wheelchair
lift van or stretcher-equipped vehicle, may be reimbursed at a
lower rate than special transportation provided to persons who
need a wheelchair lift van or stretcher-equipped vehicle.
Sec. 45. Minnesota Statutes 1990, section 256B.0625,
subdivision 19, is amended to read:
Subd. 19. [PERSONAL CARE ASSISTANTS.] Medical assistance
covers personal care 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 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. The
commissioner shall not provide an annual inflation adjustment
for the fiscal year ending June 30, 1993.
Sec. 46. Minnesota Statutes 1990, section 256B.0625,
subdivision 24, is amended to read:
Subd. 24. [OTHER MEDICAL OR REMEDIAL CARE.] Medical
assistance covers 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 chapter 254B. 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 chapter 254B. 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.
Sec. 47. Minnesota Statutes 1990, section 256B.0625,
subdivision 25, is amended to read:
Subd. 25. [SECOND OPINION OR PRIOR AUTHORIZATION
REQUIRED.] 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 14.001 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. 48. Minnesota Statutes 1990, section 256B.0625,
subdivision 28, is amended to read:
Subd. 28. [CERTIFIED PEDIATRIC OR FAMILY NURSE
PRACTITIONER SERVICES.] Medical assistance covers services
performed by a certified pediatric nurse practitioner or, a
certified family nurse practitioner, a certified adult nurse
practitioner, or a certified geriatric nurse practitioner in
independent practice, if the services are otherwise covered
under this chapter as a physician service, and if the service is
within the scope of practice of the nurse practitioner's license
as a registered nurse, as defined in section 148.171.
Sec. 49. Minnesota Statutes 1990, section 256B.0625,
subdivision 30, is amended to read:
Subd. 30. [OTHER CLINIC SERVICES.] (a) Medical assistance
covers rural health clinic services, federally qualified health
center services, and nonprofit community health clinic services,
public health clinic services, and the services of a clinic
meeting the criteria established in rule by the commissioner.
Rural health clinic services and federally qualified health
center services mean services defined in United States Code,
title 42, section 1396d(a)(2)(B) and (C). Payment for rural
health clinic and federally qualified health center services
shall be made according to applicable federal law and regulation.
(b) A federally qualified health center that is beginning
initial operation shall submit an estimate of budgeted costs and
visits for the initial reporting period in the form and detail
required by the commissioner. A federally qualified health
center that is already in operation shall submit an initial
report using actual costs and visits for the initial reporting
period. Within 90 days of the end of its reporting period, a
federally qualified health center shall submit, in the form and
detail required by the commissioner, a report of its operations,
including allowable costs actually incurred for the period and
the actual number of visits for services furnished during the
period, and other information required by the commissioner.
Federally qualified health centers that file Medicare cost
reports shall provide the commissioner with a copy of the most
recent Medicare cost report filed with the Medicare program
intermediary for the reporting year which support the costs
claimed on their cost report to the state.
Sec. 50. Minnesota Statutes 1990, section 256B.08, is
amended by adding a subdivision to read:
Subd. 3. [OUTREACH LOCATIONS.] The local agency must
establish locations, other than those used to process
applications for cash assistance, to receive and perform initial
processing of applications for pregnant women and children who
want medical assistance only. At a minimum, these locations
must be in federally qualified health centers and in hospitals
that receive disproportionate share adjustments under section
256.969, subdivision 8, except that hospitals located outside of
this state that receive the disproportionate share adjustment
are not included. Initial processing of the application need
not include a final determination of eligibility. Local
agencies shall designate a person or persons within the agency
who will receive the applications taken at an outreach location
and the local agency will be responsible for timely
determination of eligibility.
Sec. 51. Minnesota Statutes 1990, section 256B.19,
subdivision 1, is amended to read:
Subdivision 1. [DIVISION OF COST.] The cost state and
county share of medical assistance paid by each county of
financial responsibility costs not paid by federal funds shall
be borne as follows:
(1) ninety percent of the expense of assistance not paid by
federal funds available for that purpose shall be paid by the
state funds and ten percent shall be paid by the county of
financial responsibility funds, unless otherwise provided below;
(2) beginning January 1, 1992, 50 percent state funds and
50 percent county funds for the cost of placement of severely
emotionally disturbed children in regional treatment centers.
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.
Beginning July 1, 1991, the state will reimburse counties
according to the payment schedule in section 256.025 for the
county share of costs incurred under this subdivision from
January 1, 1991, on. Payment to counties under this subdivision
is subject to the provisions of section 256.017.
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, and referral for
treatment by the prepaid health plan is the responsibility of
the county of financial responsibility.
Sec. 52. Minnesota Statutes 1990, section 256B.19, is
amended by adding a subdivision to read:
Subd. 1a. [STATE REIMBURSEMENT OF COUNTIES.] Beginning
July 1, 1991, the state will reimburse counties according to the
payment schedule in section 256.025 for the county share of
costs incurred under this subdivision on and after January 1,
1991, except for costs described in subdivision 1, clause (2).
Payment to counties under this subdivision is subject to the
provisions of section 256.017.
Sec. 53. Minnesota Statutes 1990, section 256B.19, is
amended by adding a subdivision to read:
Subd. 2c. [OBLIGATION OF LOCAL AGENCY TO INVESTIGATE AND
DETERMINE ELIGIBILITY FOR MEDICAL ASSISTANCE.] (a) When the
commissioner receives information that indicates that a general
assistance medical care recipient or children's health plan
enrollee may be eligible for medical assistance, the
commissioner may notify the appropriate local agency of that
fact. The local agency must investigate eligibility for medical
assistance and take appropriate action and notify the
commissioner of that action within 90 days from the date notice
is issued. If the person is eligible for medical assistance,
the local agency must find eligibility retroactively to the date
on which the person met all eligibility requirements.
(b) When a prepaid health plan under a contract with the
state to provide medical assistance services notifies the
commissioner that an infant has been or will be born to an
enrollee under the contract, the commissioner may notify the
appropriate local agency of that fact. The local agency must
investigate eligibility for medical assistance for the infant,
take appropriate action, and notify the commissioner of that
action within 90 days from the date notice is issued. If the
infant would have been eligible on the date of birth, the local
agency must establish eligibility retroactively to that month.
(c) For general assistance medical care recipients and
children's health plan enrollees, if the local agency fails to
comply with paragraph (a), the local agency is responsible for
the entire cost of general assistance medical care or children's
health plan services provided from the date the commissioner
issues the notice until the date the local agency takes
appropriate action on the case and notifies the commissioner of
the action. For infants, if the local agency fails to comply
with paragraph (b), the commissioner may determine eligibility
for medical assistance for the infant for a period of two
months, and the local agency shall be responsible for the entire
cost of medical assistance services provided for that infant, in
addition to a fee of $100 for processing the case. The
commissioner shall deduct any obligation incurred under this
paragraph from the amount due to the local agency under
subdivision 1.
Sec. 54. Minnesota Statutes 1990, section 256B.431,
subdivision 2l, is amended to read:
Subd. 2l. [INFLATION ADJUSTMENTS AFTER JULY 1, 1990.] (a)
For rate years beginning on or after July 1, 1990, the
forecasted composite price index for a nursing home's allowable
operating cost per diems shall be determined using Data
Resources, Inc., forecast for change in the Nursing Home Market
Basket. The commissioner of human services shall use the
indices as forecasted by Data Resources, Inc., in the fourth
quarter of the calendar year preceding the rate year.
(b) For rate years beginning on or after July 1, 1992, the
commissioner shall index the prior year's operating cost limits
by the percentage change in the Data Resources, Inc., nursing
home market basket between the midpoint of the current reporting
year and the midpoint of the previous reporting year. The
commissioner shall use the indices as forecasted by Data
Resources, Inc., in the fourth quarter of the calendar year
preceding the rate year.
Sec. 55. Minnesota Statutes 1990, section 256B.431, is
amended by adding a subdivision to read:
Subd. 2m. [NURSING HOMES SPECIALIZING IN THE TREATMENT OF
HUNTINGTON'S DISEASE.] For the rate year beginning July 1, 1991,
the commissioner shall reimburse nursing homes that specialize
in the treatment of Huntington's disease using the case mix per
diem limit that applies to nursing homes licensed under the
department of human services' rules governing residential
services for physically handicapped persons to establish rates
for up to 35 persons with Huntington's disease. For purposes of
this subdivision, a nursing home specializes in the treatment of
Huntington's disease if more than 25 percent of its licensed
capacity is used for residents with Huntington's disease.
Sec. 56. Minnesota Statutes 1990, section 256B.431, is
amended by adding a subdivision to read:
Subd. 2n. [EFFICIENCY INCENTIVE REDUCTIONS FOR SUBSTANDARD
CARE.] For rate years beginning on or after July 1, 1991, the
efficiency incentive established under subdivision 2b, paragraph
(d), shall be reduced or eliminated for nursing homes determined
by the commissioner of health under section 144A.10, subdivision
4, to have uncorrected or repeated violations which create a
risk to resident care, safety, or rights, except for uncorrected
or repeated violations relating to a facility's physical plant.
Upon being notified by the commissioner of health of uncorrected
or repeated violations, the commissioner of human services shall
require the nursing home to use efficiency incentive payments to
correct the violations. The commissioner of human services
shall require the nursing home to forfeit efficiency incentive
payments for failure to correct the violations. Any forfeiture
shall be limited to the amount necessary to correct the
violation.
Sec. 57. Minnesota Statutes 1990, section 256B.431, is
amended by adding a subdivision to read:
Subd. 2o. [SPECIAL PAYMENT RATES FOR SHORT-STAY NURSING
HOMES.] Notwithstanding contrary provisions of this section and
rules adopted by the commissioner, for the rate year beginning
July 1, 1992, a nursing home whose average length of stay for
the rate year beginning July 1, 1991, is less than 180 days must
be reimbursed for allowable costs up to 125 percent of the total
care-related limit and 105 percent of the other-operating-cost
limit for hospital-attached nursing facilities. The nursing
home continues to receive this rate even if the home's average
length of stay is more than 180 days in the rate year subsequent
to the rate year beginning July 1, 1991.
Sec. 58. Minnesota Statutes 1990, section 256B.431,
subdivision 3e, is amended to read:
Subd. 3e. [HOSPITAL-ATTACHED CONVALESCENT AND NURSING CARE
FACILITIES.] If a nonprofit or community-operated hospital and
attached convalescent and nursing care facility suspend
operation of the hospital, the surviving nursing care facility
must be allowed to continue its status as a hospital-attached
convalescent and nursing care facility for reimbursement
purposes in three five subsequent rate years. In the fourth
year the facility shall receive 60 percent of the difference
between the hospital-attached limit and the freestanding nursing
facility limit, and in the fifth year the facility shall receive
30 percent of the difference.
Sec. 59. Minnesota Statutes 1990, section 256B.431,
subdivision 3f, is amended to read:
Subd. 3f. [PROPERTY COSTS AFTER JULY 1, 1988.] (a) [
INVESTMENT PER BED LIMIT.] For the rate year beginning July 1,
1988, the replacement-cost-new per bed limit must be $32,571 per
licensed bed in multiple bedrooms and $48,857 per licensed bed
in a single bedroom. For the rate year beginning July 1, 1989,
the replacement-cost-new per bed limit for a single bedroom must
be $49,907 adjusted according to Minnesota Rules, part
9549.0060, subpart 4, item A, subitem (1). Beginning January 1,
1990, the replacement-cost-new per bed limits must be adjusted
annually as specified in Minnesota Rules, part 9549.0060,
subpart 4, item A, subitem (1). Beginning January 1, 1991, the
replacement-cost-new per bed limits will be adjusted annually as
specified in Minnesota Rules, part 9549.0060, subpart 4, item A,
subitem (1), except that the index utilized will be the Bureau
of the Census: Composite fixed-weighted price index as
published in the Survey of Current Business.
Sec. 60. Minnesota Statutes 1990, section 256B.431, is
amended by adding a subdivision to read:
Subd. 12. [INTERIM PROPERTY-RELATED PAYMENT RATES.] For
the rate period July 1, 1991, to June 30, 1993, the commissioner
shall continue the property-related payment rate in effect on
June 30, 1991, for each nursing facility, except as provided in
section 256B.431, subdivision 3i, paragraphs (f) and (g), and
subdivision 11, except that:
(1) A chain organization consisting of 28 nursing
facilities which has a majority of owners beyond the retirement
age of 62 and that has a change in ownership or reorganization
of provider entity between July 1, 1991, and June 30, 1993, or
until the property reimbursement system is changed, shall
receive the property-related payment rate in effect at the time
of the sale or reorganization. This exception is not effective
until the commissioner has received approval of its state plan
from the federal government; and
(2) If the property-related payment rate in effect on June
30, 1991, is later adjusted by the commissioner, the
property-related payment rate for the rate period July 1, 1991,
to July 1, 1993, shall also be adjusted correspondingly.
Sec. 61. Minnesota Statutes 1990, section 256B.49, is
amended by adding a subdivision to read:
Subd. 4. [INFLATION ADJUSTMENT.] For the biennium ending
June 30, 1993, the commissioner of human services shall not
provide an annual inflation adjustment for home and
community-based waivered services, except as provided in section
256B.491, subdivision 3, and except that the commissioner shall
provide an inflation adjustment for the community alternatives
for disabled individuals (CADI) and community alternative care
(CAC) waivered services programs for the fiscal year beginning
July 1, 1991.
Sec. 62. Minnesota Statutes 1990, section 256B.491, is
amended by adding a subdivision to read:
Subd. 3. [WAIVERED SERVICES; SALARY ADJUSTMENTS.] For the
fiscal year beginning July 1, 1991, the commissioner of human
services shall increase the statewide reimbursement rates for
home and community-based waivered services for persons with
developmental disabilities to reflect a three percent increase
in salaries, payroll taxes, and fringe benefits of personnel
below top management employed by agencies under contract with
the county board to provide these services. The specific rate
increase made available to county boards shall be calculated
based on the estimated portion of the fiscal year 1991
reimbursement rate that is attributable to these costs. County
boards shall verify in writing to the commissioner that each
waivered service provider has complied with this requirement.
If a county board determines that a waivered service provider
has not complied with this requirement for a specific contract
period, the county board shall reduce the provider's payment
rates for the next contract period to reflect the amount of
money not spent appropriately. The commissioner shall modify
reporting requirements for vendors and counties as necessary to
monitor compliance with this provision.
Sec. 63. Minnesota Statutes 1990, section 256B.50,
subdivision 1d, is amended to read:
Subd. 1d. [EXPEDITED APPEAL REVIEW PROCESS.] (a) Within
120 days of the date an appeal is due according to subdivision
1b, the department shall review an appealed adjustment equal to
or less than $100 annually per licensed bed of the provider,
make a determination concerning the adjustment, and notify the
provider of the determination. Except as allowed in paragraph
(g), this review does not apply to an appeal of an adjustment
made to, or proposed on, an amount already paid to the
provider. In this subdivision, an adjustment is each separate
disallowance, allocation, or adjustment of a cost item or part
of a cost item as submitted by a provider according to forms
required by the commissioner.
(b) For an item on which the provider disagrees with the
results of the determination of the department made under
paragraph (a), the provider may, within 60 days of the date of
the review notice, file with both the office of administrative
hearings and the department its written argument and documents,
information, or affidavits in support of its appeal. If the
provider fails to make a submission timely submissions in
accordance with this paragraph, the department's determinations
on the disputed items must be upheld.
(c) Within 60 days of the date the department received the
provider's submission under paragraph (b), the department may
file with the office of administrative hearings and serve upon
the provider its written argument and documents, information,
and affidavits in support of its determination. If the
department fails to make a submission in accordance with this
paragraph, the administrative law judge shall proceed pursuant
to paragraph (d) based on the provider's submission.
(d) Upon receipt by the office of administrative hearings
of the department's submission made under paragraph (c) or upon
the expiration of the 60-day filing period, whichever is
earlier, the chief administrative law judge shall assign the
matter to an administrative law judge. The administrative law
judge shall consider the submissions of the parties and all
relevant rules, statutes, and case law. The administrative law
judge may request additional argument from the parties if it is
deemed necessary to reach a final decision, but shall not allow
witnesses to be presented or discovery to be made in the
proceeding. Within 60 days of receipt by the office of
administrative hearings of the department's submission or the
expiration of the 60-day filing period in paragraph (c),
whichever is earlier, the administrative law judge shall make a
final decision on the items in issue, and shall notify the
provider and the department by first-class mail of the decision
on each item. The decision of the administrative law judge is
the final administrative decision, is not appealable, and does
not create legal precedent, except that the department may make
an adjustment contrary to the decision of the administrative law
judge based upon a subsequent cost report amendment or field
audit that reveals information relating to the adjustment that
was not known to the department at the time of the final
decision.
(e) For a disputed item otherwise subject to the review set
forth in this subdivision, the department and the provider may
mutually agree to bypass the expedited review process and
proceed to a contested case hearing at any time prior to the
time for the department's submission under paragraph (c).
(f) When the department determines that the appeals of two
or more providers otherwise an appeal item subject to the review
set forth in this subdivision present presents the same or
substantially the same adjustment, presented in another appeal
filed pursuant to this chapter, the department may remove the
disputed items from the review in this subdivision, and the
disputed items shall proceed in accordance with subdivision 1c.
The department's decision to remove the appealed adjustments to
contested case proceeding is final and is not reviewable.
(g) For a disputed item otherwise subject to the review in
this subdivision, the department or a provider may petition the
chief administrative law judge to issue an order allowing the
petitioning party to bypass the expedited review process. If
the petition is granted, the disputed item must proceed in
accordance with subdivision 1c. In making the determination,
the chief administrative law judge shall consider the potential
impact and precedential and monetary value of the disputed
item. A petition for removal to contested case hearing must be
filed with the chief administrative law judge and the opposing
party on or before the date on which its submission is due under
paragraph (b) or (c). Within 20 days of receipt of the
petition, the opposing party may submit its argument opposing
the petition. Within 20 days of receipt of the argument
opposing the petition, or if no argument is received, within 20
days of the date on which the argument was due, the chief
administrative law judge shall issue a decision granting or
denying the petition. If the petition is denied, the
petitioning party has 60 days from the date of the denial to
make a submission under paragraph (b) or (c).
(h) The department and a provider may mutually agree to use
the procedures set forth in this subdivision for any disputed
item not otherwise subject to this subdivision.
(i) Nothing shall prevent either party from making its
submissions and arguments under this subdivision through a
person who is not an attorney.
(j) This subdivision applies to all appeals for rate years
beginning after June 30, 1988.
Sec. 64. Minnesota Statutes 1990, 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 very
dependent persons with special needs in an amount in excess of
the rates allowed pursuant to subdivisions 2 and 4, 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 approved by the commissioner after June 30, 1991,
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.:
(1) the need for specific level of service is documented in
the individual service plan of the person to be served;
(2) the level of service needed can be provided within the
rates established under section 252.46 and Minnesota Rules,
parts 9553.0010 to 9553.0080, without a rate exception within 12
months;
(3) staff hours beyond those available under the rates
established under section 252.46 and Minnesota Rules, parts
9553.0010 to 9553.0080, necessary to deliver services do not
exceed 720 hours within six months;
(4) there is a basis for the estimated cost of services;
(5) the provider requesting the exception documents that
current per diem rates are insufficient to support needed
services;
(6) estimated costs, when added to the costs of current
medical assistance-funded residential and day training and
habilitation services and calculated as a per diem, do not
exceed the per diem established for the regional treatment
centers for persons with mental retardation and related
conditions on July 1, 1990, indexed annually by the urban
consumer price index, all items, published by the United States
Department of Labor, for the next fiscal year over the current
fiscal year;
(7) any contingencies for an approval as outlined in
writing by the commissioner are met; and
(8) any commissioner orders for use of preferred providers
are met.
The commissioner shall evaluate the services provided
pursuant to this subdivision through program and fiscal audits.
The commissioner may terminate the rate exception at any
time under any of the conditions outlined in Minnesota Rules,
part 9510.1120, subpart 3, for county termination, or by reason
of information obtained through program and fiscal audits which
indicate the criteria outlined in this subdivision have not
been, or are no longer being, met.
The commissioner may approve no more than two consecutive
six-month rate exceptions for an eligible client whose first
application for funding occurs after June 30, 1991.
Sec. 65. Minnesota Statutes 1990, section 256B.501,
subdivision 11, is amended to read:
Subd. 11. [INVESTMENT PER BED LIMITS, INTEREST EXPENSE
LIMITATIONS, AND ARMS-LENGTH LEASES.] (a) The provisions of
Minnesota Rules, part 9553.0075, except as modified under this
subdivision, shall apply to newly constructed or established
facilities that are certified for medical assistance on or after
May 1, 1990.
(b) For purposes of establishing payment rates under this
subdivision and Minnesota Rules, parts 9553.0010 to 9553.0080,
the term "newly constructed or newly established" means a
facility (1) for which a need determination has been approved by
the commissioner under sections 252.28 and 252.291; (2) whose
program is newly licensed under Minnesota Rules, parts 9525.0215
to 9525.0355, and certified under Code of Federal Regulations,
title 42, section 442.400, et seq.; and (3) that is part of a
proposal that meets the requirements of section 252.291,
subdivision 2, paragraph (2). The term does not include a
facility for which a need determination was granted solely for
other reasons such as the relocation of a facility; a change in
the facility's name, program, number of beds, type of beds, or
ownership; or the sale of a facility, unless the relocation of a
facility to one or more service sites is the result of a closure
of a facility under section 252.292, in which case clause (3)
shall not apply. The term does include a facility that converts
more than 50 percent of its licensed beds from class A to class
B residential or class B institutional to serve persons
discharged from state regional treatment centers on or after May
1, 1990, in which case clause (3) does not apply.
(c) Newly constructed or newly established facilities that
are certified for medical assistance on or after May 1, 1990,
shall be allowed the capital asset investment per bed limits as
provided in clauses (1) to (4).
(1) The 1990 calendar year investment per bed limit for a
facility's land must not exceed $5,700 per bed for newly
constructed or newly established facilities in Hennepin, Ramsey,
Anoka, Washington, Dakota, Scott, Carver, Chisago, Isanti,
Wright, Benton, Sherburne, Stearns, St. Louis, Clay, and Olmsted
counties, and must not exceed $3,000 per bed for newly
constructed or newly established facilities in other counties.
(2) The 1990 calendar year investment per bed limit for a
facility's depreciable capital assets must not exceed $44,800
for class B residential beds, and $45,200 for class B
institutional beds.
(3) The investment per bed limit in clause (2) must not be
used in determining the three-year average percentage increase
adjustment in Minnesota Rules, part 9553.0060, subpart 1, item
C, subitem (4), for facilities that were newly constructed or
newly established before May 1, 1990.
(4) The investment per bed limits in clause (2) and
Minnesota Rules, part 9553.0060, subpart 1, item C, subitem (2)
shall be adjusted annually beginning January 1, 1991, and each
January 1 following, as provided in Minnesota Rules, part
9553.0060, subpart 1, item C, subitem (2), except that the index
utilized will be the Bureau of the Census: Composite
fixed-weighted price index as published in the Survey of Current
Business.
(d) A newly constructed or newly established facility's
interest expense limitation as provided for in Minnesota Rules,
part 9553.0060, subpart 3, item F, on capital debt for capital
assets acquired during the interim or settle-up period, shall be
increased by 2.5 percentage points for each full .25 percentage
points that the facility's interest rate on its mortgage is
below the maximum interest rate as established in Minnesota
Rules, part 9553.0060, subpart 2, item A, subitem (2). For all
following rate periods, the interest expense limitation on
capital debt in Minnesota Rules, part 9553.0060, subpart 3, item
F, shall apply to the facility's capital assets acquired,
leased, or constructed after the interim or settle-up period.
If a newly constructed or newly established facility is acquired
by the state, the limitations of this paragraph and Minnesota
Rules, part 9553.0060, subpart 3, item F, shall not apply.
(e) If a newly constructed or newly established facility is
leased with an arms-length lease as provided for in Minnesota
Rules, part 9553.0060, subpart 7, the lease agreement shall be
subject to the following conditions:
(1) the term of the lease, including option periods, must
not be less than 20 years;
(2) the maximum interest rate used in determining the
present value of the lease must not exceed the lesser of the
interest rate limitation in Minnesota Rules, part 9553.0060,
subpart 2, item A, subitem (2), or 16 percent; and
(3) the residual value used in determining the net present
value of the lease must be established using the provisions of
Minnesota Rules, part 9553.0060.
(f) All leases of the physical plant of an intermediate
care facility for the mentally retarded shall contain a clause
that requires the owner to give the commissioner notice of any
requests or orders to vacate the premises 90 days before such
vacation of the premises is to take place. In the case of
unlawful detainer actions, the owner shall notify the
commissioner within three days of notice of an unlawful detainer
action being served upon the tenant. The only exception to this
notice requirement is in the case of emergencies where immediate
vacation of the premises is necessary to assure the safety and
welfare of the residents. In such an emergency situation, the
owner shall give the commissioner notice of the request to
vacate at the time the owner of the property is aware that the
vacating of the premises is necessary. This section applies to
all leases entered into after May 1, 1990. Rentals set in leases
entered into after that date that do not contain this clause are
not allowable costs for purposes of medical assistance
reimbursement.
(g) A newly constructed or newly established facility's
preopening costs are subject to the provisions of Minnesota
Rules, part 9553.0035, subpart 12, and must be limited to only
those costs incurred during one of the following periods,
whichever is shorter:
(1) between the date the commissioner approves the
facility's need determination and 30 days before the date the
facility is certified for medical assistance; or
(2) the 12-month period immediately preceding the 30 days
before the date the facility is certified for medical assistance.
(h) The development of any newly constructed or newly
established facility as defined in this subdivision and
projected to be operational after July 1, 1991, by the
commissioner of human services shall be delayed until July 1,
1993, except for those facilities authorized by the commissioner
as a result of a closure of a facility according to section
252.292 prior to January 1, 1991, or those facilities developed
as a result of a receivership of a facility according to section
245A.12. This paragraph does not apply to state-operated
community facilities authorized in section 252.50.
Sec. 66. Minnesota Statutes 1990, section 256B.501, is
amended by adding a subdivision to read:
Subd. 12. [ICF/MR SALARY ADJUSTMENTS.] For the rate period
beginning January 1, 1992, and ending September 30, 1993, the
commissioner shall add the appropriate salary adjustment cost
per diem calculated in paragraphs (a) to (d) to the total
operating cost payment rate of each facility. The salary
adjustment cost per diem must be determined as follows:
(a) [COMPUTATION AND REVIEW GUIDELINES. Except as provided
in paragraph (c), a state-operated community service, and any
facility whose payment rates are governed by closure agreements,
receivership agreements, or Minnesota Rules, part 9553.0075, are
not eligible for a salary adjustment otherwise granted under
this subdivision. For purposes of the salary adjustment per
diem computation and reviews in this subdivision, the term
"salary adjustment cost" means the facility's allowable program
operating cost category employee training expenses, and the
facility's allowable salaries, payroll taxes, and fringe
benefits. The term does not include these same salary-related
costs for both administrative or central office employees.
For the purpose of determining the amount of salary
adjustment to be granted under this subdivision, the
commissioner must use the reporting year ending December 31,
1990, as the base year for the salary adjustment per diem
computation. For the purpose of each year's salary adjustment
cost review, the commissioner must use the facility's salary
adjustment cost for the reporting year ending December 31, 1991,
as the base year. If the base year and the reporting year
subject to review include salary cost reclassifications made by
the department, the commissioner must reconcile those
differences before completing the salary adjustment per diem
review.
(b) [SALARY ADJUSTMENT PER DIEM COMPUTATION.] For the rate
period beginning January 1, 1992, each facility shall receive a
salary adjustment cost per diem equal to its salary adjustment
costs multiplied by 1-1/2 percent, and then divided by the
facility's resident days.
(c) [ADJUSTMENTS FOR NEW FACILITIES.] For newly constructed
or newly established facilities, except for state-operated
community services, whose payment rates are governed by
Minnesota Rules, part 9553.0075, if the settle-up cost report
includes a reporting year which is subject to review under this
subdivision, the commissioner shall adjust the rule provision
governing the maximum settle-up payment rate by increasing the
.4166 percent for each full month of the settle-up cost report
to .7083. For any subsequent rate period which is authorized
for salary adjustments under this subdivision, the commissioner
shall compute salary adjustment cost per diems by annualizing
the salary adjustment costs for the settle-up cost report period
and treat that period as the base year for purposes of reviewing
salary adjustment cost per diems.
(d) [SALARY ADJUSTMENT PER DIEM REVIEW.] The commissioner
shall review the implementation of the salary adjustments on a
per diem basis. For reporting years ending December 31, 1992,
and December 31, 1993, the commissioner must review and
determine the amount of change in salary adjustment costs in
each of the above reporting years over the base year. In the
case of each review, the commissioner must inflate the base
year's salary adjustment costs by the cumulative percentage
increase granted in paragraph (b), plus three percentage points
for each of the two years reviewed. The commissioner must then
compare each facility's salary adjustment costs for the
reporting year divided by the facility's resident days for that
reporting year to the base year's inflated salary adjustment
cost divided by the facility's resident days for the base year.
If the facility has had a one-time program operating cost
adjustment settle-up during any of the reporting years subject
to review, the commissioner must remove the per diem effect of
the one-time program adjustment before completing the review and
per diem comparison.
The review and per diem comparison must be done by the
commissioner each year following the reporting years subject to
review. If the salary adjustment cost per diem for the
reporting year being reviewed is less than the base year's
inflated salary adjustment cost per diem, the commissioner must
recover the difference within 120 days after the date of written
notice. The amount of the recovery shall be equal to the per
diem difference multiplied by the facility's resident days in
the reporting year being reviewed. Written notice of the amount
subject to recovery must be given by the commissioner following
each reporting year reviewed. Interest charges must be assessed
by the commissioner after the 120th day of that notice at the
same interest rate the commissioner assesses for other balance
outstanding.
Sec. 67. [256B.74] [SPECIAL PAYMENTS.]
Subdivision 1. [HOSPITAL REIMBURSEMENT.] (a) Effective for
admissions occurring on or after July 1, 1991, the commissioner
shall make an indigent care payment to Minnesota and local trade
area hospitals except facilities of the federal Indian Health
Service and regional treatment centers, in addition to all other
payment to hospitals for inpatient services. The indigent care
payment shall be ten percent of the amount of medical assistance
payments issued to that provider for inpatient services in a
given calendar quarter or month, excluding indigent care
payments paid under this section, divided by the number of
related admissions, or patient days if applicable, and
multiplying the result by 111 percent. The indigent care
payment is added to each admission, or patient day if
applicable, occurring (1) in the second calendar quarter
beginning after the quarter on which the September 15, 1991,
indigent care payment amount is based and (2) in the month
beginning six months after the month on which the subsequent
monthly indigent care payment amount is based. Medicare
crossovers are excluded from indigent care payments and from the
payments and admissions on which the indigent care payment is
based. The commissioner may issue indigent care payments as
disproportionate population adjustments for eligible hospitals.
(b) Effective for services rendered on or after July 1,
1991, the commissioner shall reimburse outpatient hospital
facility fees at 80 percent of calendar year 1990 submitted
charges, not to exceed the medicare upper payment limit.
Services excepted from this payment methodology are emergency
room facility fees, clinic facility fees, and those services for
which there is a federal maximum allowable payment.
Subd. 2. [PHYSICIAN REIMBURSEMENT.] The commissioner shall
make payments for physician services rendered on or after July
1, 1992, as follows:
(a) Payments for level one Health Care Finance
Administration's common procedural coding system (HCPCS) codes
titled "office and other outpatient medical services,"
"preventive medicine new and established patient," "delivery,
antepartum and postpartum care," caesarean delivery, and
pharmacologic management provided to psychiatric patients and
HCPCS level three codes for enhanced services for prenatal high
risk shall be calculated at the lower of (1) submitted charges,
or (2) the median charges in 1989 minus 20 percent. If the
median minus 20 percent results in a decrease to rates in effect
June 30, 1991, for obstetrical and prenatal services, the rate
on those codes in effect on June 30, 1991, shall be increased by
an additional five percent.
(b) Payments for level one HCPCS codes titled "critical
care" initial or subsequent visits only shall be calculated at
the lower of (1) submitted charges, or (2) the median charges in
1989 minus 30 percent.
(c) Payments for all other services shall be calculated at
the lower of (1) submitted charges, or (2) the median charges in
1989 minus 40 percent.
(d) In addition to the payment rates in paragraphs (a) to
(c), rates for obstetrical services shall be adjusted by the ten
percent increase in Laws 1989, chapter 689, article 1, section
2, subdivision 5, and rates for obstetrical and pediatric
services shall be adjusted by the 15 percent increase in Laws
1990, chapter 568, article 1, section 2, subdivision 7.
Subd. 3. [NURSING FACILITY REIMBURSEMENT.] For rate years
beginning on or after July 1, 1991, the commissioner shall
reimburse nursing facilities participating in the medical
assistance program as follows:
(1) a capital allowance of $1.44 per resident day shall be
paid. For a licensed provider with an operating lease on the
nursing facility, the capital equipment allowance shall not be
the property of the lessor but shall be the property of the
licensed provider for the duration of the operating lease or any
renewal or extension of the operating lease; and
(2) the maximum efficiency incentive per diem payment
established annually under section 256B.431, subdivision 2b,
paragraph (d), shall be increased to $2.10 effective July 1,
1991, and $2.20 effective July 1, 1992.
Subd. 4. [PERSONAL NEEDS ALLOWANCE.] The commissioner
shall provide cost of living increases in the personal needs
allowance under section 256B.35, subdivision 1.
Subd. 5. [DENTISTS.] The commissioner shall increase
reimbursement to dentists for services rendered on or after July
1, 1992, by 20 percent for preventative services and five
percent for all other services.
Subd. 6. [HEALTH PLANS.] Effective for services rendered
after July 1, 1991, the commissioner shall adjust the monthly
medical assistance capitation rate cell established in contract
by the amount necessary to accommodate the equivalent value of
the reimbursement increase established under subdivisions 1, 2,
and 5.
Subd. 7. [ADMINISTRATIVE COST.] The commissioner may
expend up to $1,700,000 for the administrative costs associated
with sections 256.9657 and 256B.74.
Subd. 8. [CONTINGENT ON FEDERAL FINANCIAL PARTICIPATION.]
The provisions of this section and section 256.9657 apply only
as long as federal financial participation under Title XIX of
the Social Security Act is available for medical assistance
payments made under this section. In the event federal
financial participation is denied for payments under this
section, the commissioner shall discontinue collections from
providers under section 256.9657, eliminate payments to
providers and recipients under this section, and implement the
contingent budget reductions in section 77, effective
immediately.
Subd. 9. [NO ADJUSTMENTS WHILE FEES IN EFFECT.] The
commissioner shall not adjust the payments under this section as
long as the surcharges under section 256.9657 remain in effect.
The commissioner shall report to the legislature when submitting
the budget forecast regarding the amount of actual and
anticipated surcharge collections and provider payments. The
report must include recommendations for improving the operation
of this section and section 256.9657, including any changes in
surcharges or payments necessary to ensure that payments under
this section do not exceed collections under section 256.9657.
Subd. 10. [IMPLEMENTATION; RULEMAKING.] The commissioner
shall implement sections 256.9657 and 256B.74 on July 1, 1991,
without complying with the rulemaking requirements of the
administrative procedure act. The commissioner shall begin to
adopt emergency rules to implement this article within 30 days,
and may adopt permanent rules to implement this article.
Emergency and permanent rules adopted to implement this article
supersede any provisions adopted under the exemption from
rulemaking requirements in this section.
Sec. 68. Minnesota Statutes 1990, section 256D.03,
subdivision 3, is amended to read:
Subd. 3. [GENERAL ASSISTANCE MEDICAL CARE; ELIGIBILITY.]
(a) General assistance medical care may be paid for any
person who is age 18 or older and who is not eligible for
medical assistance under chapter 256B, including eligibility for
medical assistance based on a spend-down of excess income
according to section 256B.056, subdivision 5, and:
(1) who is receiving assistance under section 256D.05 or
256D.051 and is not eligible for medical assistance under
chapter 256B including eligibility for medical assistance based
on a spend-down of excess income according to section 256B.056,
subdivision 5; or
(2)(i) who is a resident of Minnesota; and whose equity in
assets is not in excess of $1,000 per assistance unit. Exempt
assets, the reduction of excess assets, and the waiver of excess
assets must conform to the medical assistance program in chapter
256B; and
(ii) who has countable income not in excess of the
assistance standards established in section 256B.056,
subdivision 4, or whose excess income is spent down pursuant to
section 256B.056, subdivision 5, using a six-month budget
period, except that a one-month budget period must be used for
recipients residing in a long-term care facility. The method
for calculating earned income disregards and deductions for a
person who resides with a dependent child under age 21 shall be
as specified in section 256.74, subdivision 1. However, if a
disregard of $30 and one-third of the remainder described in
section 256.74, subdivision 1, clause (4), has been applied to
the wage earner's income, the disregard shall not be applied
again until the wage earner's income has not been considered in
an eligibility determination for general assistance, general
assistance medical care, medical assistance, or aid to families
with dependent children for 12 consecutive months. The earned
income and work expense deductions for a person who does not
reside with a dependent child under age 21 shall be the same as
the method used to determine eligibility for a person under
section 256D.06, subdivision 1, except the disregard of the
first $50 of earned income is not allowed; or
(3) who is over age 18 and who would be eligible for
medical assistance except that the person resides in a facility
that is determined by the commissioner or the federal health
care financing administration to be an institution for mental
diseases.
(b) 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.
(c) General assistance medical care may be paid for a
person, regardless of age, who is not available for a person in
a correctional facility unless the person is detained by law for
less than one year in a county correctional or detention
facility as a person accused or convicted of a crime, or
admitted as an inpatient to a hospital on a criminal hold order,
if and the person is a recipient of general assistance medical
care at the time the person is detained by law or admitted on a
criminal hold order and as long as the person continues to meet
other eligibility requirements of this subdivision.
(d) General assistance medical care is not available for
applicants or recipients who do not cooperate with the county
agency to meet the requirements of medical assistance.
(e) In determining the amount of assets of an individual,
there shall be included any asset or interest in an asset,
including an asset excluded under paragraph (a), that was given
away, sold, or disposed of for less than fair market value
within the 30 months preceding application for general
assistance medical care or during the period of eligibility.
Any transfer described in this paragraph shall be presumed to
have been for the purpose of establishing eligibility for
general assistance medical care, unless the individual furnishes
convincing evidence to establish that the transaction was
exclusively for another purpose. For purposes of this
paragraph, the value of the asset or interest shall be the fair
market value at the time it was given away, sold, or disposed
of, less the amount of compensation received. For any
uncompensated transfer, the number of months of ineligibility,
including partial months, shall be calculated by dividing the
uncompensated transfer amount by the average monthly per person
payment made by the medical assistance program to skilled
nursing facilities for the previous calendar year. The
individual shall remain ineligible until this fixed period has
expired. The period of ineligibility may exceed 30 months, and
a reapplication for benefits after 30 months from the date of
the transfer shall not result in eligibility unless and until
the period of ineligibility has expired. The period of
ineligibility begins in the month the transfer was reported to
the county agency, or if the transfer was not reported, the
month in which the county agency discovered the transfer,
whichever comes first. For applicants, the period of
ineligibility begins on the date of the first approved
application.
Sec. 69. Minnesota Statutes 1990, 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 For a
person who is eligible under subdivision 3, paragraph (a),
clause (3), general assistance medical care covers:
(1) inpatient hospital care, services;
(2) outpatient hospital care, services;
(3) services provided by Medicare certified rehabilitation
agencies,;
(4) prescription drugs, and other products recommended
through the process established in section 256B.0625,
subdivision 13;
(5) equipment necessary to administer insulin and
diagnostic supplies and equipment for diabetics to monitor blood
sugar level,;
(6) eyeglasses and eye examinations provided by a physician
or optometrist,;
(7) hearing aids,;
(8) prosthetic devices,;
(9) laboratory and X-ray services,;
(10) physician's services,;
(11) medical transportation,;
(12) chiropractic services as covered under the medical
assistance program,;
(13) podiatric services, and;
(14) dental care. In addition, payments of state aid shall
be made for: services;
(1) (15) outpatient services provided by a mental health
center or clinic that is under contract with the county board
and is established under section 245.62;
(2) (16) day treatment services for mental illness provided
under contract with the county board;
(3) (17) prescribed medications for persons who have been
diagnosed as mentally ill as necessary to prevent more
restrictive institutionalization;
(4) (18) case management services for a person with serious
and persistent mental illness who would be eligible for medical
assistance except that the person resides in an institution for
mental diseases;
(5) (19) psychological services, medical supplies and
equipment, and Medicare premiums, coinsurance and deductible
payments for a person who would be eligible for medical
assistance except that the person resides in an institution for
mental diseases; and
(6) (20) medical equipment not specifically listed in this
paragraph when the use of the equipment will prevent the need
for costlier services that are reimbursable under this
subdivision.
(b) For a recipient who is eligible under subdivision 3,
paragraph (a), clause (1) or (2), general assistance medical
care covers the services listed in paragraph (a) with the
exception of special transportation services.
(b) (c) 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 sections 256B.02,
subdivision 8, and 256B.0625. For payments made during fiscal
year 1990 and later years, the commissioner shall contract
consult with an independent actuary to establish in establishing
prepayment rates, but shall retain final control over the rate
methodology.
(c) (d) 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) (e) Any county may, from its own resources, provide
medical payments for which state payments are not made.
(e) (f) Chemical dependency services that are reimbursed
under Laws 1986, chapter 394, sections 8 to 20, chapter 254B
must not be reimbursed under general assistance medical care.
(f) (g) 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.
(g) (h) The conditions of payment for services under this
subdivision are the same as the conditions specified in rules
adopted under chapter 256B governing the medical assistance
program, unless otherwise provided by statute or rule.
Sec. 70. Minnesota Statutes 1990, 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 county
agency shall disregard an additional earned income up to a
maximum of $150 per month for: (1) 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 and for; (2) persons living in
supervised apartments with services funded under Minnesota
Rules, parts 9535.0100 to 9535.1600, and for whom discharge and
work are part of a treatment plan; and (3) persons residing in a
negotiated rate residence, as that term is defined in section
256I.03, subdivision 3, for whom the county agency has approved
a discharge plan which includes work. 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. 71. Minnesota Statutes 1990, section 256I.05, is
amended by adding a subdivision to read:
Subd. 1a. [LOWER MAXIMUM RATE.] The maximum monthly rate
for a general assistance or Minnesota supplemental aid
negotiated rate residence that enters into an initial negotiated
rate agreement with a county agency on or after June 1, 1989,
may not exceed 90 percent of the maximum rate established under
subdivision 1. This is effective until June 30, 1993, or until
the statewide system authorized under subdivision 6 is
established, whichever occurs first.
Sec. 72. Minnesota Statutes 1990, section 256I.05, is
amended by adding a subdivision to read:
Subd. 1b. [RATES FOR UNCERTIFIED BOARDING CARE
HOMES.] Effective July 1, 1992, the maximum rate for a boarding
care home not certified to receive medical assistance is equal
to 65 percent of the average nursing home level "A" rate in
effect for the geographic area in which the boarding care home
is located, except that a facility's rate must not be reduced by
more than ten percent for the year ending June 30, 1992. This
is effective until June 30, 1993. A noncertified boarding care
home licensed under Minnesota Rules, parts 9520.0500 to
9520.0690, is exempt from this rate limit. The commissioner
shall study the numbers of facilities and residents that will be
affected by the limit in this subdivision, the number of
facilities likely to close because of the limit, the available
alternatives for affected residents, methods of relocating or
securing alternative placements for residents, and other effects
of the limit. The commissioner shall provide a report to the
legislature by January 1, 1992, on the commissioner's findings
and recommendations relating to the rate limit.
Sec. 73. Minnesota Statutes 1990, section 256I.05,
subdivision 2, is amended to read:
Subd. 2. [MONTHLY RATES; EXEMPTIONS.] (a) The maximum
negotiated rate does not apply to a residence that on August 1,
1984, was licensed by the commissioner of health only as a
boarding care home, certified by the commissioner of health as
an intermediate care facility, and licensed by the commissioner
of human services under Minnesota Rules, parts 9520.0500 to
9520.0690. For residences in this clause that have less than
five percent of their licensed boarding care capacity reimbursed
by the medical assistance program, rate increases shall be
provided according to section 256B.431, subdivision 4, paragraph
(c).
(b) The maximum negotiated rate does not apply to a
residence 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 negotiated rate
residence under general assistance or Minnesota supplemental aid.
Rate increases for these residences are subject to the
provisions of subdivision 7.
(c) The following residences are exempt from the limit on
negotiated rates and must be reimbursed for documented actual
costs, until an alternative reimbursement system covering
services excluding room and board maintenance services is
developed by the commissioner:
(1) a residence that is not certified to participate in the
medical assistance program, that was licensed as a boarding care
facility by March 1, 1985, and does not receive supplemental
program funding under Minnesota Rules, parts 9535.2000 to
9535.3000 or 9553.0010 to 9553.0080;
(2) The maximum negotiated rate does not apply to a
residence certified to participate in the medical assistance
program, licensed as a boarding care facility or a nursing home,
and declared to be an institution for mental disease by January
1, 1989. Effective January 1, 1989, the actual documented
cost rate for these residences is the individual's appropriate
medical assistance case mix rate until the commissioner develops
a comprehensive system of rates and payments for persons in all
negotiated rate residences. The exclusion from the rate limit
for residences under this clause expires July 1, 1991 continues
until June 30, 1992. The commissioner of human services, in
consultation with the counties in which these residences are
located, shall review the status of each certified nursing home
and board and care facility declared to be an institution for
mental disease. This review shall include the cost
effectiveness of continued payment for residents through general
assistance or Minnesota supplemental aid; the appropriateness of
placement of general assistance or supplemental aid clients in
these facilities; the effects of Public Law Number 100-203 on
these facilities; and the role of these facilities in the mental
health service delivery system. The commissioner shall make
recommendations to the legislature by January 1, 1990, regarding
the need to continue the exclusion of these facilities from the
negotiated rate maximum and the future role of these facilities
in serving persons with mental illness.
(d) The commissioner of human services shall take the
following action in relation to certified boarding care
facilities and nursing homes that have been declared
institutions for mental diseases, excluding those facilities
exempt under paragraph (a):
(1) All mental health and placement screenings and
diagnostic assessments required under the federal Omnibus Budget
Reconciliation Act (OBRA) must be completed by July 1, 1991, for
all residents in institutions for mental diseases admitted
before June 1, 1991. Residents determined to need relocation
under the preadmission screening and annual resident review must
be relocated to a more appropriate placement in accordance with
the timelines established in the state's alternative disposition
plan.
(2) By October 1, 1991, all institutions for mental
diseases must be reviewed again by the commissioner to determine
if they are still institutions for mental diseases, and the
commissioner shall immediately revoke a declaration that a
facility is an institution for mental diseases if the
commissioner determines that the facility is not an institution
for mental diseases.
(3) The commissioner shall provide to institutions for
mental diseases training in the criteria used in assessing
residents for determination of institutions for mental diseases
status and the numbers of residents in each category.
(4) For facilities whose status as an institution for
mental diseases is not revoked by the commissioner by October 1,
1991, a facility-specific plan must be developed by the
commissioner and the facility, in consultation with the
appropriate consumer groups, to offer alternative services to
enough residents by July 1, 1992, to allow the commissioner to
revoke the facility's status as an institution for mental
diseases.
Sec. 74. Minnesota Statutes 1990, section 256I.05, is
amended by adding a subdivision to read:
Subd. 7a. [RATE INCREASES FOR THE 1991-1993 BIENNIUM.] For
the biennium ending June 30, 1993, no inflationary increases
shall be provided in rates for negotiated rate settings under
subdivision 7.
Sec. 75. [REGULATORY REVIEW.]
The commissioner of health shall study the regulation of
long-term care facilities and report to the legislature by
January 15, 1992, with any recommendations for changes in the
current regulatory structure. The study must address at least
the following issues:
(1) the possibility of unifying the federal and state
enforcement systems;
(2) the effectiveness of existing enforcement tools;
(3) the appropriateness of current licensure standards; and
(4) alternative mechanisms for dispute resolution.
Sec. 76. [NURSING HOME FINANCIAL PERFORMANCE MONITORING.]
The commissioners of health and human services shall
recommend to the legislature by January 15, 1992, a system to
monitor the financial performance of nursing homes on an ongoing
basis. The system may provide for the inclusion of nursing
homes in the health care cost information act of 1984 or for
another method to obtain, analyze, and report financial data.
The system must be coordinated with existing nursing home
financial reporting requirements and must provide for periodic
reports to the legislature on the financial condition of nursing
homes.
Sec. 77. [CONTINGENT BUDGET REDUCTIONS.]
Subdivision 1. [CONTINGENT MEDICAL ASSISTANCE PROVIDER
REDUCTIONS.] This section is effective only if federal financial
participation under Title XIX of the Social Security Act is not
available for payments under Minnesota Statutes, section
256B.74. This section is effective on the date the commissioner
of human services receives an official denial of federal
financial participation or an official communication from the
federal government stating that federal financial participation
will not be available, or on the effective date of a federal law
that specifically prohibits federal financial participation.
Subd. 2. [HOSPITAL PEER GROUPS.] (a) For admissions
occurring after the transition period specified in Minnesota
Statutes, section 256.9695, subdivision 3, operating payment
rates of each hospital shall be limited to the operating payment
rates within its peer group so that the statewide operating
payment level is reduced by 4.5 percent. For subsequent rate
years, the limits shall be adjusted by the hospital cost index.
The commissioner shall contract for the development of criteria
for and the establishment of the peer groups. Peer groups must
be established based on variables that affect medical assistance
cost such as scope and intensity of services, acuity of
patients, location, and capacity. Rates shall be standardized
by the case mix index and adjusted, if applicable, for the
variable outlier percentage. The peer groups may exclude and
have separate limits or be standardized for operating cost
differences that are not common to all hospitals in order to
establish a minimum number of groups. The criteria and
establishment of the peer groups is not subject to the
requirements of Minnesota Statutes, chapter 14, the
administrative procedure act.
(b) The commissioner shall not implement section 67,
subdivision 1, paragraph (b).
Subd. 3. [MEDICAL ASSISTANCE COVERAGE OF DENTAL SERVICES.]
Notwithstanding Minnesota Statutes, section 256B.0625,
subdivision 9, medical assistance only covers dental services
for children under age 18, and dental services not to exceed
$150 annually for adults. The commissioner shall not implement
section 67, subdivision 5.
Subd. 4. [MEDICAL ASSISTANCE COVERAGE OF SPECIAL
TRANSPORTATION.] For medical assistance coverage of special
transportation under Minnesota Statutes, section 256B.0625,
subdivision 17, the commissioner of human services shall
establish maximum medical assistance reimbursement rates for
special transportation services for persons who need a
wheelchair lift van or stretcher-equipped vehicle and for those
who do not need a wheelchair lift van or stretcher-equipped
vehicle. The average of these two rates must not exceed $12.50
for the base rate and 60 cents per mile.
Subd. 5. [NURSING HOME WORKERS' COMPENSATION
COSTS.] Notwithstanding contrary provisions of Minnesota
Statutes, section 256B.431, in determining medical assistance
payments to nursing facilities, the commissioner must reduce the
workers' compensation cost during the reporting year for each
nursing facility to account for any savings in workers'
compensation costs that result from actions of the 1991
legislature for the purposes of computing the payment rates for
the rate year beginning July 1, 1991, and for the first nine
months of the rate year beginning July 1, 1992. For any nursing
facility that cannot separately report the workers' compensation
costs, the commissioner shall determine the amount of the
workers' compensation costs to be reduced by identifying the
nursing facility's portion of total workers' compensation costs
by applying the individual Medicare stepdowns which the nursing
facility used to allocate its payroll taxes and fringe benefits
and multiplying that amount by 16 percent.
Subd. 6. [NURSING HOME COST LIMITS.] (a) [NURSING HOME
RATES.] The provisions in paragraphs (b) to (e) apply to medical
assistance payments to nursing facilities and supersede any
inconsistent provisions in Minnesota Statutes, section 256B.431.
(b) [OTHER OPERATING COST LIMITS.] For the rate year
beginning July 1, 1991, the commissioner, in conjunction with
the rebasing for the reporting year September 30, 1990, shall
establish the other operating cost limits in Minnesota Rules,
part 9549.0055, subpart 2, item E, at 108 percent of the median
of the array of allowable historical other operating cost per
diems. The limits must be established according to Minnesota
Statutes, section 256B.431, subdivision 2b, paragraph (d). For
rate years beginning on or after July 1, 1992, the adjusted
other operating cost limits must be indexed as in subdivision 2l.
(c) [CARE-RELATED OPERATING COST LIMITS.] For the rate year
beginning July 1, 1991, the commissioner, in conjunction with
the rebasing for the reporting year September 30, 1990, shall
establish the care-related operating cost limits in Minnesota
Rules, part 9549.0055, subpart 2, items A and B, at 122 percent
of the median of the array of the allowable historical case mix
operating cost standardized per diems and the allowable
historical other care-related operating cost per diems. The
limits must be established according to Minnesota Statutes,
section 256B.431, subdivision 2b, paragraph (d). For rate years
beginning on or after July 1, 1992, the adjusted care-related
limits must be indexed as in Minnesota Statutes, section
256B.431, subdivision 2l.
(d) [ADMINISTRATIVE COST LIMITS.] For rate years beginning
on or after July 1, 1991, the cost limitation for costs in the
general and administrative cost category in Minnesota Rules,
part 9549.0055, subpart 2, item D, shall be modified as in
clauses (1) to (4):
(1) the percentage limitation for nursing homes with 60 or
fewer licensed beds shall be 14 percent;
(2) the percentage limitation for nursing homes with 61 to
100 licensed beds shall be 13 percent;
(3) the percentage limitation for nursing homes with 101 to
200 licensed beds shall be 12 percent; and
(4) the percentage limitation for nursing homes with more
than 200 licensed beds shall be 11 percent.
(e) [EFFICIENCY INCENTIVE.] For rate years beginning on or
after July 1, 1991, a nursing home's maximum efficiency
incentive shall be $1.
Subd. 7. [NURSING HOME PROPERTY COSTS.] (a) The provisions
of paragraphs (b) to (d) apply to medical assistance payments to
nursing facilities and supersede any inconsistent provisions of
Minnesota Statutes, section 256B.431.
(b) For the rate year beginning July 1, 1991, the
property-related payment rate for a nursing home classified as a
group A nursing home under Minnesota Statutes, section 256B.431,
subdivision 3i, shall be the lesser of the nursing home's
property-related payment rate in effect on July 1, 1990; or the
sum of 115 percent of the nursing home's allowable principal and
interest expense, plus its equipment allowance multiplied by the
resident days for the reporting year ending September 30, 1990,
divided by the nursing home's capacity days as determined under
Minnesota Rules, part 9549.0060, subpart 11, as modified by
Minnesota Statutes, section 256B.431, subdivision 3f, paragraph
(c); but not less than the lesser of $3.25 or the nursing home's
July 1, 1990, property-related payment rate.
(c) For the rate year beginning July 1, 1991, a nursing
home classified as a group B nursing home under Minnesota
Statutes, section 256B.431, subdivision 3i, shall receive the
greater of 90 percent of its property-related payment rate in
effect on July 1, 1990; or the sum of 115 percent of the nursing
home's allowable principal and interest expense, plus its
equipment allowance multiplied by the resident days for the
reporting year ending September 30, 1990, divided by the nursing
home's capacity days as determined under Minnesota Rules, part
9549.0060, subpart 11, as modified by Minnesota Statutes,
section 256B.431, subdivision 3f, paragraph (c); except that the
nursing home's property-related payment rate must not exceed the
property-related payment rate in effect on July 1, 1990.
(d) For the rate year beginning July 1, 1991, a nursing
home classified as a group C nursing home under Minnesota
Statutes, section 256B.431, subdivision 3i, shall receive the
greater of 85 percent of its property-related payment rate in
effect on July 1, 1990; or the sum of 115 percent of the nursing
home's allowable principal and interest expense, plus its
equipment allowance multiplied by the resident days for the
reporting year ending September 30, 1990, divided by the nursing
home's capacity days as determined under Minnesota Rules, part
9549.0060, subpart 11, as modified by Minnesota Statutes,
section 256B.431, subdivision 3f, paragraph (c); except that the
nursing home's property-related payment rate must not exceed the
property-related payment rate in effect on July 1, 1990.
Subd. 8. [PERSONAL NEEDS ALLOWANCE
INFLATION.] Notwithstanding Minnesota Statutes, section 256B.35,
subdivision 1, no increase for inflation may be provided to the
personal needs allowance for persons receiving medical
assistance.
Subd. 9. [NURSING HOME MORATORIUM EXCEPTIONS.] The
commissioner of health shall not authorize exceptions to the
nursing home moratorium under Minnesota Statutes, section
144A.073.
Subd. 10. [NURSING HOMES TREATING HUNTINGTON'S.] The
commissioner shall not implement section 55.
Subd. 11. [EXTENSION OF HOSPITAL-ATTACHED STATUS.] The
commissioner shall not implement section 58.
Subd. 12. [EFFICIENCY INCENTIVE INCREASE.] The
commissioner shall not implement section 67, subdivision 3,
clause (2).
Subd. 13. [ICF/MR WORKERS' COMPENSATION.] The commissioner
shall adjust reimbursement rates for intermediate care
facilities for persons with mental retardation and related
conditions to account for any savings in workers' compensation
costs that results from actions of the 1991 legislature.
Subd. 14. [ICF/MR EFFICIENCY INCENTIVE.] The commissioner
shall reduce the maximum efficiency incentive for intermediate
care facilities for persons with mental retardation to $1.
Subd. 15. [INFLATION ADJUSTMENTS.] The commissioner shall
not provide inflationary increases for fiscal year 1992 for the
medical assistance alternative care grants program, the
community alternatives for disabled individuals (CADI) program,
the community alternative care (CAC) waiver, and for personal
care attendant and private duty nursing services.
Subd. 16. [DAY TRAINING INFLATION.] The commissioner shall
not provide the two percent inflation adjustment authorized
under article 1 for day training and habilitation services for
the fiscal year beginning July 1, 1991.
Subd. 17. [CHIROPRACTIC SERVICES.] The commissioner shall
limit chiropractic services under medical assistance to 18
visits per year.
Subd. 18. [PHYSICIAN REIMBURSEMENT.] The commissioner
shall not implement section 67, subdivision 2.
Subd. 19. [MASTERS-LEVEL PSYCHOLOGISTS.] The commissioner
shall reimburse masters-prepared mental health practitioners and
practitioners licensed at the masters level providing services
through community mental health centers at 65 percent of the
level for doctoral-prepared practitioners.
Subd. 20. [GENERAL ASSISTANCE MEDICAL CARE.] The
commissioner shall:
(1) reduce retroactive eligibility for general assistance
medical care recipients who are not residents of institutions
for mental diseases from three months to one month;
(2) limit coverage for over the counter drugs for general
assistance medical care recipients residing in institutions for
mental diseases to insulin, aspirin, antacids, products for the
treatment of lice, and acetaminophen, and limit coverage for
dental services to $150 a year; and
(3) establish the following coverage limitations for
general assistance medical care recipients who are not residents
in institutions for mental diseases:
(i) chiropractic services, vision care, podiatry services,
allergy testing, special transportation, case management for
persons with serious and persistent mental illness, and Medicare
premiums, coinsurance, and deductibles are not covered;
(ii) audiology, occupational therapy, and speech therapy
are not covered, regardless of provider type;
(iii) physical therapy is limited to five treatment
modalities, regardless of provider type;
(iv) services of a Medicare-certified rehabilitation
agency, except physical therapy services under item (iii), are
not covered;
(v) coverage for dental services is limited to $100
annually;
(vi) coverage for physician services is limited to 14
physician visits;
(vii) coverage for mental health therapy, including
psychological services and diagnostic services is limited to ten
hours annually. For purposes of this clause, two hours of group
therapy count as one hour;
(viii) coverage for legend drugs is limited to those
prescribed by a physician and contained in a general assistance
medical care drug formulary established by the commissioner in
the manner used to establish and publish the formulary in
section 256B.0625, subdivision 13;
(ix) outpatient hospital services are covered to the extent
otherwise provided under this paragraph; and
(x) for an emergency room visit that does not result in an
inpatient admission, reimbursement for the emergency room visit
shall be reduced by $5 and the hospital may collect that amount
from the recipient. The hospital may not deny services to the
recipient for failure to pay the copayment amount.
Contracts with prepaid health plans to provide health care
services to recipients of general assistance medical care may
include, without limitation, the services set forth in clause
(3), items (iii), (v), (vi), (viii), and (x). The commissioner
may seek a waiver according to Minnesota Statutes, section
62D.30, in order to execute contracts for the benefit package in
this subdivision.
Subd. 21. [REIMBURSEMENT FOR SHORT STAY FACILITIES.] The
commissioner shall not implement section 57.
Sec. 78. [INSTRUCTION TO REVISOR.]
In each section of Minnesota Statutes referred to in column
A, the revisor of statutes shall delete the reference in column
B and insert the reference in column C. The revisor shall also
correct any cross-references to Minnesota Statutes, section
256.969, subdivision 6a, that appear in Minnesota Rules.
Column A Column B Column C
256.969, subd. 3a 256.969, subd. 6a, 256.969, subds. 10
paragraph (a), clause and 11
(5) or (6)
256.9695, subd. 3 256.969, subd. 6a, 256.969, subd. 8
paragraph (a), clause
(3)
256.9695, subd. 3, 256.969, subd. 6a, 256.969, subds. 7,
paragraph (a) paragraph (a), clauses 9, 10, 11, and 13
(1), (2), (4), (5),
(6), and (8)
256.9695, subd. 3, 256.969, subd. 6a, 256.969, subds. 12
paragraph (a) paragraph (a), clause and 20
(7), and paragraph (i)
256.9695, subd. 3, 256.969, subd. 6a, 256.969, subd. 19,
paragraph (c) paragraphs (g) and (h) paragraphs (a) and
(b)
Sec. 79. [REPEALER.]
Subdivision 1. [CONTINGENT MEDICAL ASSISTANCE REDUCTIONS.]
Section 77 is repealed effective July 1, 1993.
Subd. 2. [REGIONAL TREATMENT CENTER CHEMICAL DEPENDENCY
UNIT FUNDING.] Minnesota Statutes 1990, section 246.18,
subdivisions 3 and 3a, are repealed.
Sec. 80. [EFFECTIVE DATES.]
Subdivision 1. [SPECIAL CATEGORIES OF ELIGIBILITY.] (a)
Those portions of sections 35, 36, and 38 regarding publication
of federal poverty guidelines are effective retroactive to the
date the 1991 change in the federal poverty guidelines became
effective.
(b) Sections 37 and 39 are effective retroactive to January
1, 1991.
Subd. 2. [ADMISSION CRITERIA.] That portion of section 5
requiring the commissioner of human services to establish
criteria for admission to chemical dependency units is effective
the day following final enactment.
Subd. 3. [AVAILABILITY OF INCOME.] The deduction for
reparation payments in section 40 is effective retroactive to
January 1, 1991. The deduction for veterans pensions in section
40 is effective the month in which the Veteran's Administration
implements the change at section 8003 of the Omnibus Budget
Reconciliation Act of 1990.
Subd. 4. [HOSPITAL-ATTACHED CONVALESCENT AND NURSING CARE
FACILITIES.] Section 58 takes effect the day after its final
enactment and applies to facilities whose attached hospitals
suspend operation before or after its effective date.
Subd. 5. [FEDERALLY QUALIFIED HEALTH CENTER.] Section 49,
paragraph (b), is effective retroactive to July 1, 1990.
ARTICLE 5
ASSISTANCE PAYMENTS
Section 1. Minnesota Statutes 1990, section 13.46,
subdivision 2, is amended to read:
Subd. 2. [GENERAL.] (a) Unless the data is summary data or
a statute specifically provides a different classification, data
on individuals collected, maintained, used, or disseminated by
the welfare system is private data on individuals, and shall not
be disclosed except:
(1) pursuant to section 13.05;
(2) pursuant to court order;
(3) pursuant to a statute specifically authorizing access
to the private data;
(4) to an agent of the welfare system, including a law
enforcement person, attorney, or investigator acting for it in
the investigation or prosecution of a criminal or civil
proceeding relating to the administration of a program;
(5) to personnel of the welfare system who require the data
to determine eligibility, amount of assistance, and the need to
provide services of additional programs to the individual;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the
same program;
(8) the amounts of cash public assistance and relief paid
to welfare recipients in this state, including their names and
social security numbers, upon request by the department of
revenue to administer the property tax refund law, supplemental
housing allowance, and the income tax;
(9) to the Minnesota department of jobs and training for
the purpose of monitoring the eligibility of the data subject
for unemployment compensation, for any employment or training
program administered, supervised, or certified by that agency,
or for the purpose of administering any rehabilitation program,
whether alone or in conjunction with the welfare system, and to
verify receipt of energy assistance for the telephone assistance
plan;
(10) to appropriate parties in connection with an emergency
if knowledge of the information is necessary to protect the
health or safety of the individual or other individuals or
persons;
(11) data maintained by residential facilities as defined
in section 245A.02 may be disclosed to the protection and
advocacy system established in this state pursuant to Part C of
Public Law Number 98-527 to protect the legal and human rights
of persons with mental retardation or other related conditions
who live in residential facilities for these persons if the
protection and advocacy system receives a complaint by or on
behalf of that person and the person does not have a legal
guardian or the state or a designee of the state is the legal
guardian of the person; or
(12) to the county medical examiner or the county coroner
for identifying or locating relatives or friends of a deceased
person; or
(13) data on a child support obligor who makes payments to
the public agency may be disclosed to the higher education
coordinating board to the extent necessary to determine
eligibility under section 136A.121, subdivision 2, clause (5).
(b) Mental health data shall be treated as provided in
subdivisions 7, 8, and 9, but is not subject to the access
provisions of subdivision 10, paragraph (b).
Sec. 2. Minnesota Statutes 1990, section 136A.121,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY FOR GRANTS.] An applicant is
eligible to be considered for a grant, regardless of the
applicant's sex, creed, race, color, national origin, or
ancestry, under sections 136A.095 to 136A.131 if the board finds
that the applicant:
(1) is a resident of the state of Minnesota;
(2) is a graduate of a secondary school or its equivalent,
or is 17 years of age or over, and has met all requirements for
admission as a student to an eligible college or technical
college of choice as defined in sections 136A.095 to 136A.131;
(3) has met the financial need criteria established in
Minnesota Rules; and
(4) is not in default, as defined by the board, of any
federal or state student educational loan; and
(5) is not more than 30 days in arrears for any child
support payments owed to a public agency responsible for child
support enforcement or, if the applicant is more than 30 days in
arrears, is complying with a payment plan for arrearages.
The director and the commissioner of human services shall
develop procedures to implement clause (5).
Sec. 3. Minnesota Statutes 1990, section 136A.162, is
amended to read:
136A.162 [CLASSIFICATION OF DATA.]
All data on applicants for financial assistance collected
and used by the higher education coordinating board for student
financial aid programs administered by that board shall be
classified as private data on individuals under section 13.02,
subdivision 12. Exceptions to this classification are that:
(a) the names and addresses of program recipients or
participants are public data; and
(b) data on applicants may be disclosed to the commissioner
of human services to the extent necessary to determine
eligibility under section 136A.121, subdivision 2, clause (5);
and
(b) (c) the following data collected in the Minnesota
supplemental loan program under section 136A.1701 may be
disclosed to a consumer credit reporting agency only if the
borrower and the cosigner give informed consent, according to
section 13.05, subdivision 4, at the time of application for a
loan:
(1) the lender-assigned borrower identification number;
(2) the name and address of borrower;
(3) the name and address of cosigner;
(4) the date the account is opened;
(5) the outstanding account balance;
(6) the dollar amount past due;
(7) the number of payments past due;
(8) the number of late payments in previous 12 months;
(9) the type of account;
(10) the responsibility for the account; and
(11) the status or remarks code.
Sec. 4. [214.101] [CHILD SUPPORT; SUSPENSION OF LICENSE.]
Subdivision 1. [COURT ORDER; HEARING ON SUSPENSION.] If a
licensing board receives an order from a court under section
518.551, subdivision 12, dealing with suspension of a license of
a person found by the court to be in arrears in child support
payments, the board shall, within 30 days of receipt of the
court order, provide notice to the licensee and hold a hearing.
If the board finds that the person is licensed by the board and
evidence of full payment of arrearages found to be due by the
court is not presented at the hearing, the board shall suspend
the license unless it determines that probation is appropriate
under subdivision 2. The only issues to be determined by the
board are whether the person named in the court order is a
licensee, whether the arrearages have been paid, and whether
suspension or probation is appropriate. The board may not
consider evidence with respect to the appropriateness of the
court order or the ability of the person to comply with the
order. The board may not lift the suspension until the licensee
files with the board proof showing that the licensee is current
in child support payments.
Subd. 2. [PROBATION.] If the board determines that the
suspension of the license would create an extreme hardship to
either the licensee or to persons whom the licensee serves, the
board may, in lieu of suspension, allow the licensee to continue
to practice the occupation on probation. Probation must be
conditioned upon full compliance with the court order that
referred the matter to the board. The probation period may not
exceed two years, and the terms of probation must provide for
automatic suspension of the license if the licensee does not
provide monthly proof to the board of full compliance with the
court order that referred the matter to the board or a further
court order if the original order is modified by the court.
Subd. 3. [REVOCATION OR REINSTATEMENT OF PROBATION.] If
the licensee has a modification petition pending before the
court, the board may, without a hearing, defer a revocation of
probation and institution of suspension until receipt of the
court's ruling on the modification order. A licensee who was
placed on probation and then automatically suspended may be
automatically reinstated upon providing proof to the board that
the licensee is currently in compliance with the court order.
Subd. 4. [VERIFICATION OF PAYMENTS.] Before a board may
terminate probation, remove a suspension, issue, or renew a
license of a person who has been suspended or placed on
probation under this section, it shall contact the court that
referred the matter to the board to determine that the applicant
is not in arrears for child support. The board may not issue or
renew a license until the applicant proves to the board's
satisfaction that the applicant is current in support payments.
Subd. 5. [APPLICATION.] This section applies to support
obligations ordered by any state, territory, or district of the
United States.
Sec. 5. Minnesota Statutes 1990, section 237.70,
subdivision 7, is amended to read:
Subd. 7. [ADMINISTRATION.] The telephone assistance plan
must be administered jointly by the commission, the department
of human services, and the telephone companies in accordance
with the following guidelines:
(a) The commission and the department of human services
shall develop an application form that must be completed by the
subscriber for the purpose of certifying eligibility for
telephone assistance plan credits to the telephone
companies department of human services. The application must
contain the applicant's social security number. Applications
without Applicants who refuse to provide a social security
number will be denied telephone assistance plan credits. The
application form must include provisions for the applicant to
show the name of the applicant's telephone company. The
application must also advise the applicant to submit the
required proof of age or disability, and income and must provide
examples of acceptable proof. The application must state that
failure to submit proof with the application will result in the
applicant being found ineligible. Each telephone company shall
annually mail a notice of the availability of the telephone
assistance plan to each residential subscriber in a regular
billing and shall mail the application form to customers when
requested.
The notice must state the following:
YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE
BILL IF YOU MEET CERTAIN HOUSEHOLD INCOME LIMITS, AND YOU ARE 65
YEARS OF AGE OR OLDER OR ARE DISABLED AND IF YOU MEET CERTAIN
HOUSEHOLD INCOME LIMITS. FOR MORE INFORMATION OR AN APPLICATION
FORM PLEASE CONTACT .........
(b) The department of human services shall determine the
eligibility for telephone assistance plan credits at least
annually according to the criteria contained in subdivision 4a.
(c) Each telephone company shall provide telephone
assistance plan credits against monthly charges in the earliest
possible month following receipt of an application form and
shall continue to provide credits unless notified that the
subscriber is ineligible. The company shall cease granting
credits at the earliest possible billing cycle when notified by
the department of human services that the subscriber is
ineligible. An application may be made by the subscriber, the
subscriber's spouse, or a person authorized by the subscriber to
act on the subscriber's behalf. On completing the application
certifying that the statutory criteria for eligibility are
satisfied, the applicant must return the application to an
office of the department of human services specially designated
to process telephone assistance plan applications. On receiving
a completed application from an applicant, the department of
human services shall determine the applicant's eligibility or
ineligibility within 120 days. If the department fails to do
so, it shall within three working days provide written notice to
the applicant's telephone company that the company shall provide
telephone assistance plan credits against monthly charges in the
earliest possible month following receipt of the written
notice. The applicant must receive telephone assistance plan
credits until the earliest possible month following the
company's receipt of notice from the department that the
applicant is ineligible.
If the department of human services determines that an
applicant is not eligible to receive telephone assistance plan
credits, it shall notify the applicant within ten working days
of that determination.
Within ten working days of determining that an applicant is
eligible to receive telephone assistance plan credits, the
department of human services shall provide written notification
to the telephone company that serves the applicant. The notice
must include the applicant's name, address, and telephone number.
Each telephone company shall provide telephone assistance
plan credits against monthly charges in the earliest possible
month following receipt of notice from the department of human
services.
By December 31 of each year, the department of human
services shall redetermine eligibility of each person receiving
telephone assistance plan credits, as required in paragraph (b).
The department of human services shall submit an annual report
to the legislature and the commission by January 15 of each year
showing that the department has determined the eligibility for
telephone assistance plan credits of each person receiving the
credits or explaining why the determination has not been made
and showing how and when the determination will be completed.
If the department of human services determines that a
current recipient of telephone assistance plan credits is not
eligible to receive the credits, it shall notify, in writing,
the recipient within ten working days and the telephone company
serving the recipient within 20 working days of the
determination. The notice must include the recipient's name,
address, and telephone number.
Each telephone company shall remove telephone assistance
plan credits against monthly charges in the earliest possible
month following receipt of notice from the department of human
services.
Each telephone company that disconnects a subscriber
receiving the telephone assistance plan credit shall report the
disconnection to the department of human services. The reports
must be submitted monthly, identifying the subscribers
disconnected. Telephone companies that do not disconnect a
subscriber receiving the telephone assistance plan credit are
not required to report.
If the telephone assistance plan credit is not itemized on
the subscriber's monthly charges bill for local telephone
service, the telephone company must notify the subscriber of the
approval for the telephone assistance plan credit.
(d) The commission shall serve as the coordinator of the
telephone assistance plan and be reimbursed for its
administrative expenses from the surcharge revenue pool. As the
coordinator, the commission shall:
(1) establish a uniform statewide surcharge in accordance
with subdivision 6;
(2) establish a uniform statewide level of telephone
assistance plan credit that each telephone company shall extend
to each eligible household in its service area;
(3) require each telephone company to account to the
commission on a periodic basis for surcharge revenues collected
by the company, expenses incurred by the company, not to include
expenses of collecting surcharges, and credits extended by the
company under the telephone assistance plan;
(4) require each telephone company to remit surcharge
revenues to the department of administration for deposit in the
fund; and
(5) remit to each telephone company from the surcharge
revenue pool the amount necessary to compensate the company for
expenses, not including expenses of collecting the surcharges,
and telephone assistance plan credits. When it appears that the
revenue generated by the maximum surcharge permitted under
subdivision 6 will be inadequate to fund any particular
established level of telephone assistance plan credits, the
commission shall reduce the credits to a level that can be
adequately funded by the maximum surcharge. Similarly, the
commission may increase the level of the telephone assistance
plan credit that is available or reduce the surcharge to a level
and for a period of time that will prevent an unreasonable
overcollection of surcharge revenues.
(e) Each telephone company shall maintain adequate records
of surcharge revenues, expenses, and credits related to the
telephone assistance plan and shall, as part of its annual
report or separately, provide the commission and the department
of public service with a financial report of its experience
under the telephone assistance plan for the previous year. That
report must also be adequate to satisfy the reporting
requirements of the federal matching plan.
(f) The department of public service shall investigate
complaints against telephone companies with regard to the
telephone assistance plan and shall report the results of its
investigation to the commission.
Sec. 6. Minnesota Statutes 1990, section 256.01,
subdivision 11, is amended to read:
Subd. 11. [CENTRALIZED DISBURSEMENT SYSTEM.] The state
agency may establish a system for the centralized disbursement
of (1) assistance payments to recipients of aid to families with
dependent children, (2) emergency assistance payments to needy
families with dependent children as defined in Minnesota
Statutes 1976, section 256.12, and (3) the benefit documents for
food stamp recipients food coupons, assistance payments, and
related documents. The state agency shall adopt rules and set
guidelines for the operation of the statewide system. If
required by federal law or regulations promulgated thereunder,
or by state law, or by rule of the state agency, each county
shall pay to the state treasurer that portion of assistance for
which the county is responsible. Benefits shall be issued by
the state or county and funded under this section according to
section 256.025, subdivision 3, and subject to section 256.017.
Sec. 7. Minnesota Statutes 1990, section 256.01 is amended
by adding a subdivision to read:
Subd. 11a. [CONTRACTING WITH FINANCIAL INSTITUTIONS.] The
state agency may contract with banks or other financial
institutions to provide services associated with the processing
of public assistance checks and may pay a service fee for these
services, provided the fee charged does not exceed the fee
charged to other customers of the institution for similar
services.
Sec. 8. [256.023] [ONE HUNDRED PERCENT COUNTY ASSISTANCE.]
The commissioner of human services may maintain client
records and issue public assistance benefits that are over state
and federal standards or that are not required by state or
federal law, providing the cost of benefits is paid by the
counties to the department of human services. Payment methods
for this section shall be according to section 256.025,
subdivision 3.
Sec. 9. Minnesota Statutes 1990, section 256.025,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) For purposes of this
section, the following terms have the meanings given them.
(b) "Base amount" means the calendar year 1990 county share
of county agency expenditures for all of the programs specified
in subdivision 2.
(c) "County agency expenditure" means the total expenditure
or cost incurred by the county of financial responsibility for
the benefits and services for each of the programs specified in
subdivision 2. The term includes the federal, state, and county
share of costs for programs in which there is federal financial
participation. For programs in which there is no federal
financial participation, the term includes the state and county
share of costs. The term excludes county administrative costs,
unless otherwise specified.
(d) "Nonfederal share" means the sum of state and county
shares of costs of the programs specified in subdivision 2.
(e) The "county share of county agency expenditures growth
amount" is the amount by which the county share of county agency
expenditures in calendar years 1991 to 1997 2000 has increased
over the base amount.
Sec. 10. Minnesota Statutes 1990, section 256.025,
subdivision 3, is amended to read:
Subd. 3. [PAYMENT METHODS.] The state shall pay counties,
according to the reporting cycle established by the
commissioner, all federal funds available for the services and
benefits distributed under subdivision 2 together with an amount
of state funds equal to the state share of expenditures, except
as provided for in section 256.017. (a) Beginning July 1, 1991,
the state will reimburse counties for the county share of county
agency expenditures for benefits and services distributed under
subdivision 2 and funded by the human services account
established under section 273.1392., except as follows:
(1) beginning July 1, 1992, the county shall pay 25 percent
of the costs of the growth in emergency general assistance
payments which exceed expenditures during the base year of
calendar year 1990;
(2) beginning July 1, 1992, the county shall pay 25 percent
of the costs of the growth in eligible general assistance
negotiated rate payments which exceed expenditures during the
base year of calendar year 1990;
(3) beginning July 1, 1992, the county shall pay 15 percent
of the costs of the growth in Minnesota supplemental aid
negotiated rate payments made which exceed expenditures during
the base year of calendar year 1990;
(4) beginning July 1, 1992, the county shall pay 50 percent
of the nonfederal portion of the growth in emergency assistance
payments made which exceed expenditures during the base year of
calendar year 1990.
(b) Payments under subdivision 4 are only for client
benefits and services distributed under subdivision 2 and do not
include reimbursement for county administrative expenses.
(c) The state and the county agencies shall pay for
assistance programs as follows:
(1) Where the state issues payments for the programs, the
county shall monthly advance to the state, as required by the
department of human services, the portion of program costs not
met by federal and state funds. The advance shall be an
estimate that is based on actual expenditures from the prior
period and that is sufficient to compensate for the county share
of disbursements as well as state and federal shares of
recoveries;
(2) Where the county agencies issue payments for the
programs, the state shall monthly advance to counties all
federal funds available for those programs together with an
amount of state funds equal to the state share of expenditures;
and
(3) Payments made under this paragraph are subject to
section 256.017. Adjustment of any overestimate or
underestimate in advances shall be made by the state agency in
any succeeding month.
Sec. 11. Minnesota Statutes 1990, section 256.025,
subdivision 4, is amended to read:
Subd. 4. [PAYMENT SCHEDULE.] Except as provided for in
subdivision 3, beginning July 1, 1991, the state will reimburse
counties, according to the following payment schedule, for the
county share of county agency expenditures for the programs
specified in subdivision 2.
(a) Beginning July 1, 1991, the state will reimburse or pay
the county share of county agency expenditures according to the
reporting cycle as established by the commissioner, for the
programs identified in subdivision 2. Payments for the period
of January 1 through July 31, for calendar years 1991, 1992, and
1993 shall be made on or before July 10 in each of those years.
Payments for the period August through December for calendar
years 1991, 1992, and 1993 shall be made on or before the third
of each month thereafter through December 31 in each of those
years.
(b) Payment for 1/24 of the base amount and the January
1994 county share of county agency expenditures growth amount
for the programs identified in subdivision 2 shall be made on or
before January 3, 1994. For the period of February 1, 1994,
through July 31, 1994, payment of the base amount shall be made
on or before July 10, 1994, and payment of the growth amount
over the base amount shall be made on or before the third of
each month. Payments for the period August 1994 through
December 1994 shall be made on or before the third of each month
thereafter through December 31, 1994.
(c) Payment for the county share of county agency
expenditures during January 1995 shall be made on or before
January 3, 1995. Payment for 1/24 of the base amount and the
February 1995 county share of county agency expenditures growth
amount for the programs identified in subdivision 2 shall be
made on or before February 3, 1995. For the period of March 1,
1995, through July 31, 1995, payment of the base amount shall be
made on or before July 10, 1995, and payment of the growth
amount over the base amount shall be made on or before the third
of each month. Payments for the period August 1995 through
December 1995 shall be made on or before the third of each month
thereafter through December 31, 1995.
(d) Monthly payments for the county share of county agency
expenditures from January 1996 through February 1996 shall be
made on or before the third of each month through February
1996. Payment for 1/24 of the base amount and the March 1996
county share of county agency expenditures growth amount for the
programs identified in subdivision 2 shall be made on or before
March 1996. For the period of April 1, 1996, through July 31,
1996, payment of the base amount shall be made on or before July
10, 1996, and payment of the growth amount over the base amount
shall be made on or before the third of each month. Payments
for the period August 1996 through December 1996 shall be made
on or before the third of each month thereafter through December
31, 1996.
(e) Monthly payments for the county share of county agency
expenditures from January 1997 through March 1997 shall be made
on or before the third of each month through March 1997.
Payment for 1/24 of the base amount and the April 1997 county
share of county agency expenditures growth amount for the
programs identified in subdivision 2 shall be made on or before
April 3, 1997. For the period of May 1, 1997, through July 31,
1997, payment of the base amount shall be made on or before July
10, 1997, and payment of the growth amount over the base amount
shall be made on or before the third of each month. Payments
for the period August 1997 through December 1997 shall be made
on or before the third of each month thereafter through December
31, 1997.
(f) Monthly payments for the county share of county agency
expenditures from January 1998 through April 1998 shall be made
on or before the third of each month through April 1998.
Payment for 1/24 of the base amount and the May 1998 county
share of county agency expenditures growth amount for the
programs identified in subdivision 2 shall be made on or before
May 3, 1998. For the period of June 1, 1998, through July 31,
1998, payment of the base amount shall be made on or before July
10, 1998, and payment of the growth amount over the base amount
shall be made on or before the third of each month. Payments
for the period August 1998 through December 1998 shall be made
on or before the third of each month thereafter through December
31, 1998.
(g) Monthly payments for the county share of county agency
expenditures from January 1999 through May 1999 shall be made on
or before the third of each month through May 1999. Payment for
1/24 of the base amount and the June 1999 county share of county
agency expenditures growth amount for the programs identified in
subdivision 2 shall be made on or before June 3, 1999. For the
period of June 1, 1999, through July 31, 1999, payment shall be
made on or before July 10, 1999. Payments for the period August
1999 through December 1999 shall be made on or before the third
of each month thereafter through December 31, 1999.
(h) Effective January 1, 2000, monthly payments for the
county share of county agency expenditures shall be made
subsequent to the first of each month.
Payments under this subdivision are subject to the
provisions of section 256.017.
Sec. 12. Minnesota Statutes 1990, section 256.031, is
amended to read:
256.031 [MINNESOTA FAMILY INVESTMENT PLAN.]
Subdivision 1. [CITATION.] Sections 256.031 to 256.036
256.0361 may be cited as the Minnesota family investment plan.
Subd. 2. [LEGISLATIVE FINDINGS.] The legislature
recognizes the need to fundamentally change the way government
supports families. The legislature finds that many features of
the current system of public assistance do not help families
carry out their two basic functions: the economic support of
the family unit and the care and nurturing of children. The
legislature recognizes that the Minnesota family investment plan
is an investment strategy that will support and strengthen the
family's social and financial functions. This investment in
families will provide long-term benefits through stronger and
more independent families.
Subd. 3. [AUTHORIZATION FOR THE DEMONSTRATION.] (a) The
commissioner of human services, in consultation with the
commissioners of education, finance, jobs and training, health,
and planning, and the directors director of the higher education
coordinating board and the office of jobs policy, is authorized
to proceed with the planning and designing of the Minnesota
family investment plan and to implement the plan to test
policies, methods, and cost impact on an experimental basis by
using field trials. The commissioner, under the authority in
section 256.01, subdivision 2, shall implement the plan
according to sections 256.031 to 256.033 describe the basic
principles of the program. Sections 256.034 to 256.036 provide a
basis for congressional action. Using sections 256.031 to
256.036, the commissioner shall seek congressional authority to
implement the program in field trials After obtaining
congressional authority to implement the Minnesota family
investment plan in field trials, the commissioner shall request
specific appropriations from the legislature to implement field
trials 256.0361 and Public Law Numbers 101-202 and 101-239,
section 8015, as amended. If major and unpredicted costs to the
program occur, the commissioner may take corrective action
consistent with Public Law Numbers 101-202 and 101-239, which
may include termination of the program. Before taking such
corrective action, the commissioner shall consult with the
chairs of the senate health and human services committee, the
house health and human services committee, the health and human
services division of the senate finance committee and the human
resources division of the house appropriations committee, or, if
the legislature is not in session, consult with the legislative
advisory commission.
(b) The field trials must shall be conducted as permitted
under federal law, for as many years as necessary, and in
different geographical settings, to provide reliable instruction
about the desirability of expanding the program statewide.
(c) The commissioner shall select the counties which shall
serve as field trial or control sites based on criteria which
ensure reliable evaluation of the program.
(d) The commissioner is authorized to determine the number
of families and characteristics of subgroups to be included in
the evaluation.
(i) A family that applies for or is currently receiving
financial assistance from aid to families with dependent
children; family general assistance or work readiness; or food
stamps may be assigned by the commissioner to an experimental or
a control group for the purposes of evaluating the family
investment plan. Families assigned to an experimental group
receive benefits and services through the family investment
plan. Families assigned to a control group receive benefits and
services through existing programs. A family may not select the
group to which it is assigned. Once assigned to a group, a
family must remain in that group for the duration of the project.
(ii) To evaluate the effectiveness of the family investment
plan, the commissioner may designate a subgroup of families from
the experimental group who shall be exempt from section 256.035,
subdivision 1, and shall not receive case management services
under section 256.035, subdivision 6a. Families are eligible
for services under section 256.736 to the same extent as
families receiving AFDC.
Subd. 4. [GOALS OF THE MINNESOTA FAMILY INVESTMENT PLAN.]
The commissioner shall design the program to meet the following
goals:
(1) to support families' transition to financial
independence by emphasizing options, removing barriers to work
and education, providing necessary support services, and
building a supportive network of education, employment and
training, health, social, counseling, and family-based services;
(2) to allow resources to be more effectively and
efficiently focused on investing in families by removing the
complexity of current rules and procedures and consolidating
public assistance programs;
(3) to prevent long-term dependence on public assistance
through paternity establishment, child support enforcement,
emphasis on education and training, and early intervention with
minor parents; and
(4) to provide families with an opportunity to increase
their living standard by rewarding efforts aimed at transition
to employment and by allowing families to keep a greater portion
of earnings when they become employed.
Subd. 5. [FEDERAL WAIVERS.] The commissioner of human
services shall seek authority from Congress to implement the
Minnesota family investment plan on a demonstration basis. If
necessary In accordance with sections 256.031 to 256.0361 and
federal laws authorizing the program, the commissioner shall
seek waivers of compliance with federal requirements for
of: aid to families with dependent children under United States
Code, title 42, sections section 601 to 679a, as amended;
medical assistance under United States Code, title 42, sections
1396 to 1396s, as amended; food stamps under et seq., and United
States Code, title 7, sections section 2011 to 2030, as amended;
and other federal requirements that would inhibit implementation
of et seq., needed to implement the Minnesota family investment
plan in a manner consistent with the goals and objectives of the
program. The commissioner shall seek terms from the federal
government that are consistent with the goals of the Minnesota
family investment plan. The commissioner shall also seek terms
from the federal government that will maximize federal financial
participation so that the extra costs to the state of
implementing the program are minimized, to the extent that those
terms are consistent with the goals of the Minnesota family
investment plan. An agreement with the federal government under
this section shall provide that the agreements may be canceled
by the state or federal government upon six months' 180 days'
notice or immediately upon mutual agreement. If the agreements
are agreement is canceled, families which cease receiving
assistance under the Minnesota family investment plan who are
eligible for the aid to families with dependent children,
general assistance, medical assistance, general assistance
medical care, and or the food stamp programs program must be
placed with their consent on those the programs for which they
are eligible.
Sec. 13. Minnesota Statutes 1990, section 256.032, is
amended to read:
256.032 [DEFINITIONS.]
Subdivision 1. [SCOPE OF DEFINITIONS.] The terms used in
sections 256.031 to 256.036 256.0361 have the meanings given
them unless otherwise provided or indicated by the context.
Subd. 1a. [ASSISTANCE UNIT.] (a) "Assistance unit" means
the following individuals when they are living together: a
minor child; the minor child's blood-related siblings; and the
minor child's natural and adoptive parents. The income and
assets of members of the assistance unit must be considered in
determining eligibility for the family investment plan.
(b) A nonparental caregiver, as defined in subdivision 2,
may elect to be included in the assistance unit. A nonparental
caregiver who does not elect to be included under this paragraph
must apply for assistance with the minor child.
(c) A stepparent of the minor child may elect to be
included in the assistance unit. If the stepparent does not
choose to be included, the county agency shall not count the
stepparent's resources or income, if the stepparent's income is
less than 275 percent of the federal poverty guidelines for a
family of one. If the stepparent's income is more than 275
percent of the federal poverty guidelines for a family of one
and the stepparent does not choose to be included, the county
agency shall not count the stepparent's resources, but shall
count the stepparent's income in accordance with section
256.033, subdivision 2, clause (5).
(d) A stepsibling of the minor child may elect to be
included in the assistance unit.
(e) A parent of a minor caregiver may elect to be included
in the minor caregiver's assistance unit. If the parent of the
minor caregiver does not choose to be included, the county
agency shall not count the resources of the parent of the minor
caregiver, but shall count the income of the parent of the minor
caregiver, in accordance with section 256.033, subdivision 2,
clause (5).
Subd. 2. [CAREGIVER.] "Caregiver" means a minor child's
natural or adoptive parent or parents who live in the home with
the minor child. For purposes of determining eligibility for
this program, "caregiver" also means any of the following
individuals, if adults, who live with and provide care and
support to a minor child when the minor child's natural or
adoptive parent or parents do not reside in the same home:
grandfather, grandmother, brother, sister, stepfather,
stepmother, stepbrother, stepsister, uncle, aunt, first cousin,
nephew, niece, persons of preceding generations as denoted by
prefixes of "great" or "great-great," or a spouse of any person
named in the above groups even after the marriage ends by death
or divorce.
Subd. 3. [CASE MANAGEMENT.] "Case management" means the
assessment of family needs and, the development of the
employability plan and family support agreement, and the
coordination of services necessary to support the family in its
social and economic roles, in addition to the services described
in according to section 256.736 256.035, subdivision 11 6a.
Subd. 4. [COMMISSIONER.] "Commissioner" means the
commissioner of human services or a designee.
Subd. 5. [CONTRACT.] "Contract" means a family
self-sufficiency plan, described in section 256.035, subdivision
7, based on the case manager's assessment of the family's needs
and abilities and developed, together with a parental caregiver,
by a county agency or its designee.
Subd. 5a. [COUNTY AGENCY.] "County agency" means the
agency designated by the county board to implement financial
assistance for current programs and for the Minnesota family
investment plan and the agency responsible for enforcement of
child support collection.
Subd. 5b. [COUNTY BOARD.] "County board" means the county
board of commissioners; a county welfare board as defined in
chapter 393; a board established under the joint powers act,
section 471.59; or a human services board under chapter 402.
Subd. 6. [DEPARTMENT.] "Department" means the department
of human services.
Subd. 6a. [EMPLOYABILITY PLAN.] "Employability plan" means
the plan developed by the case manager and the caregiver
according to section 256.035, subdivision 6b, which meets the
requirements for an employability development plan under section
256.736, subdivision 10, paragraph (a), clause (15).
Subd. 7. [FAMILY.] For purposes of determining eligibility
for this program, "Family" includes the following individuals
who live together: a minor child or a group of minor children
related to each other as siblings, half siblings, stepsiblings,
or adopted siblings, together with their natural or adoptive
parents, or their caregiver as defined in subdivision 2.
"Family" also includes a pregnant woman in the third trimester
of pregnancy with no children.
Subd. 7a. [FAMILY SUPPORT AGREEMENT.] "Family support
agreement" means the agreement developed by the case manager and
the caregiver under section 256.035, subdivision 6c.
Subd. 8. [FAMILY WAGE LEVEL.] "Family wage level" means
120 percent of the transitional standard, as defined in
subdivision 13.
Subd. 8a. [MINOR CHILD.] "Minor child" means a child who
is living in the same home of a parent or other caregiver, who
is in financial need, and who is either less than 18 years of
age or is under the age of 19 years and is regularly attending
as a full-time student and is expected to complete a high school
or a secondary level course of vocational or technical training
designed to fit students for gainful employment before reaching
age 19.
Subd. 9. [ORIENTATION.] "Orientation" means a presentation
that meets the requirements of section 256.736, subdivision 10a,
provides information to caregivers about the Minnesota family
investment plan, and encourages parental caregivers to engage in
activities that will stabilize the family and lead to
self-sufficiency.
Subd. 10. [PROGRAM.] "Program" means the Minnesota family
investment plan.
Subd. 11. [SIGNIFICANT CHANGE.] "Significant change" means
a change of ten percent or $50, whichever is less, in monthly
gross family earned income, or a change in family composition in
income available to the family so that the sum of the income and
the grant for the current month would be less than the
transitional standard as defined in subdivision 13.
Subd. 11a. [SUITABLE EMPLOYMENT.] "Suitable employment"
has the meaning given in section 256.736, subdivision 1a,
paragraph (h).
Subd. 12. [TRANSITIONAL STATUS.] "Transitional status"
means the status of caregivers who are independently pursuing
self-sufficiency or caregivers who are complying with the terms
of a contract family support agreement with a county agency or
its designee.
Subd. 13. [TRANSITIONAL STANDARD.] "Transitional standard"
means the sum of the AFDC standard of assistance and the full
cash value of food stamps for a family of the same size and
composition in effect when for the remainder of the state during
implementation of the Minnesota family investment plan begins
field trials. This standard applies only to families in which
the parental caregiver is in transitional status and to families
in which the caregiver is exempt from having a contract or is
exempt from developing or has good cause for not complying with
the terms of the contract family support agreement. Full cash
value of food stamps is the amount of the cash value of food
stamps to which a family of a given size would be entitled for a
month, determined by assuming unearned income equal to the AFDC
standard for a family of that size and composition and
subtracting the standard deduction and maximum shelter deduction
from gross family income, as allowed under the Food Stamp Act of
1977, as amended, and Public Law Number 100-435. The assistance
standard for a family consisting of a pregnant woman in the
third trimester of pregnancy with no children must equal the
assistance standard for one adult and one child.
Sec. 14. Minnesota Statutes 1990, section 256.033, is
amended to read:
256.033 [ELIGIBILITY FOR THE MINNESOTA FAMILY INVESTMENT
PLAN.]
Subdivision 1. [ELIGIBILITY CONDITIONS.] (a) A family is
eligible for and entitled to assistance under the Minnesota
family investment plan if:
(1) the family's net income, after deducting an amount to
cover taxes and actual dependent care costs up to the maximum
disregarded under United States Code, title 42, section
602(a)(8)(A)(iii), does not exceed the applicable standard of
assistance for that family as defined under section 256.032,
subdivision 13; and the family meets the definition of
assistance unit under section 256.032, subdivision 1a;
(2) the family's nonexcluded resources not excluded under
subdivision 3 do not exceed $2,000.;
(3) the family can verify citizenship or lawful resident
alien status;
(4) the family provides or applies for a social security
number for each member of the family receiving assistance under
the family investment plan; and
(5) the family assigns child support collection to the
county agency.
(b) A family is eligible for the family investment plan if
the net income is less than the transitional standard as defined
in section 256.032, subdivision 13, for that size and
composition of family. In determining available net income, the
provisions in subdivision 2 shall apply.
(c) Upon application, a family is initially eligible for
the family investment plan if the family's gross income does not
exceed the applicable transitional standard of assistance for
that family as defined under section 256.032, subdivision 13,
after deducting:
(1) 18 percent to cover taxes;
(2) actual dependent care costs up to the maximum
disregarded under United States Code, title 42, section
602(a)(8)(A)(iii); and
(3) $50 of child support collected in that month.
(d) A family can remain eligible for the program if:
(1) it meets the conditions in section 256.035, subdivision
4; and
(2) its income is below the transitional standard in
section 256.032, subdivision 13, allowing for income exclusions
in subdivision 2 and after applying the family investment plan
treatment of earnings under section 256.035, subdivision 4.
Subd. 2. [DETERMINATION OF FAMILY INCOME.] The aid to
families with dependent children income exclusions listed in
Code of Federal Regulations, title 45, sections 233.20(a)(3) and
233.20(a)(4), must be used when determining a family's available
income, except that:
(1) the disregard of the first $75 of gross earned income
is replaced with a single disregard described in section
256.035, subdivision 4, paragraph (a);
(2) all earned income of a minor child receiving assistance
through the Minnesota family investment plan is excluded when
the child is attending school at least half-time;
(3) (2) all earned income tax credit payments received by
the family as a refund of federal income taxes or made as
advance payments are excluded in accordance with United States
Code, title 42, section 602(a)(8)(A)(viii);
(4) (3) educational grants and loans as provided in section
256.74, subdivision 1, clause (2), are excluded; and
(5) (4) all other income listed in Minnesota Rules, part
9500.2380, subpart 2, is excluded.; and
(5) when determining income available from members of the
family who do not elect to be included in the assistance unit
under section 256.032, subdivision 1a, paragraphs (c) and (e),
the county agency shall count the remaining income after
disregarding:
(i) the first 18 percent of the excluded family member's
gross earned income;
(ii) an amount for the support of the stepparent and any
other individuals whom the stepparent claims as dependents for
determining federal personal income tax liability and who live
in the same household but whose needs are not considered in
determining eligibility for assistance under sections 256.031 to
256.033. The amount equals the transitional standard in section
256.032, subdivision 13, for a family of the same size and
composition;
(iii) amounts the stepparent actually paid to individuals
not living in the same household but whom the stepparent claims
as dependents for determining federal personal income tax
liability; and
(iv) alimony or child support, or both, paid by the
stepparent for individuals not living in the same household.
Subd. 3. [DETERMINATION OF FAMILY RESOURCES.] When
determining a family's resources, the following are excluded:
(1) the family's home, together with the surrounding
property that does not exceed ten acres and that is not
separated from the home by intervening property owned by others;
(2) one burial plot for each family member;
(3) one prepaid burial contract with an equity value of no
more than $1,500 for each member of the family;
(4) licensed automobiles, trucks, or vans up to a total
equity value of $4,500;
(5) the value of personal property needed to produce earned
income, including tools, implements, farm animals, and
inventory;
(6) the entire equity value of a motor vehicle determined
to be necessary for the operation of a self-employment business;
and
(7) clothing, necessary household furniture, equipment, and
other basic maintenance items essential for daily living.
Subd. 4. [TREATMENT OF SSI AND MSA.] The monthly benefits
and any other income received through the supplemental security
income or Minnesota supplemental aid programs program and any
real or personal property of a person receiving an assistance
unit member who receives supplemental security income or
Minnesota supplemental aid must be excluded in determining the
family's eligibility for the Minnesota family investment plan
and the amount of assistance. In determining the amount of
assistance to be paid to the family, the needs of the person
receiving supplemental security income or Minnesota supplemental
aid must not be taken into account.
Subd. 5. [ABILITY TO APPLY FOR FOOD STAMPS.] A family that
is ineligible for assistance through the Minnesota family
investment plan due to income or resources may apply for, and if
eligible receive, benefits under the food stamp program.
Sec. 15. Minnesota Statutes 1990, section 256.034, is
amended to read:
256.034 [PROGRAM SIMPLIFICATION.]
Subdivision 1. [CONSOLIDATION OF TYPES OF ASSISTANCE.]
Under the Minnesota family investment plan, assistance
previously provided to families through the AFDC, food stamp,
and general assistance programs must be combined into a single
cash assistance program. If As authorized by Congress, families
receiving assistance through the Minnesota family investment
plan are automatically eligible for and entitled to medical
assistance under chapter 256B. Federal, state, and local funds
that would otherwise be allocated for assistance to families
under the AFDC, food stamp, and general assistance programs must
be transferred to the Minnesota family investment plan. The
provisions of the Minnesota family investment plan prevail over
any provisions of sections 256.72 to 256.87 or 256D.01 to
256D.21 and any rules implementing those sections with which
they are irreconcilable. The food stamp, general assistance,
and work readiness programs for single persons and couples who
are not responsible for the care of children are not replaced by
the Minnesota family investment plan.
Subd. 2. [COUPON OPTION.] Families have the option to
receive a portion of their assistance standardized amount of
assistance as described in Public Law Number 101-202, section
22(a)(3)(D), designated by the commissioner, in the form of food
coupons or vendor payments.
Subd. 3. [MODIFICATION OF ELIGIBILITY TESTS.] (a) A needy
family is eligible and entitled to receive assistance under the
program even if its children are not found to be deprived of
parental support or care by reason of death, continued absence
from the home, physical or mental incapacity of a parent, or
unemployment of a parent, provided the family's income and
resources do not exceed the eligibility requirements in section
256.033. In addition, a family member caregiver who is in the
assistance unit who is physically and mentally fit, who is
between the ages of 18 and 60 years, who is enrolled at least
half time in an institution of higher education, and whose
family income and resources do not exceed the eligibility
requirements in section 256.033, is eligible for assistance
under the Minnesota family investment plan even if the
conditions for eligibility as prescribed under the federal Food
Stamp Act of 1977, as amended, are not met.
(b) An applicant for, or a person receiving, assistance
under the Minnesota family investment plan is considered to have
assigned to the public agency responsible for child support
enforcement at the time of application all rights to child
support, health care benefits coverage, and maintenance from any
other person the applicant may have in the applicant's own
behalf or on behalf of any other family member for whom
application is made under the Minnesota family investment plan.
The provisions of section 256.74, subdivision 5, govern the
assignment. An applicant for, or a person receiving, assistance
under the Minnesota family investment plan shall cooperate with
the efforts of the county agency to collect child and spousal
support. The county agency is entitled to any child support and
maintenance received by or on behalf of the person receiving
assistance or another member of the family for which the person
receiving assistance is responsible. Failure by an applicant or
a person receiving assistance to cooperate with the efforts of
the county agency to collect child and spousal support without
good cause must be sanctioned according to section 256.035,
subdivision 3.
(c) An applicant for, or a person receiving, assistance
under the Minnesota family investment plan is not required to
comply with the employment and training requirements prescribed
under sections 256.736, subdivisions 3, 3a, and 14; and 256D.05,
subdivision 1; section 402(a)(19) of the Social Security Act;
the federal Food Stamp Act of 1977, as amended; Public Law
Number 100-485; or any other state or federal employment and
training program, unless and to the extent compliance is
specifically required in a contract family support agreement
with the county agency or its designee.
Subd. 4. [SIMPLIFICATION OF BUDGETING PROCEDURES.] The
monthly amount of assistance provided by the Minnesota family
investment plan must be calculated on a prospective basis by
taking into account actual income or circumstances that existed
in a previous month and other relevant information to predict
income and circumstances for the next month or months. When a
family has a significant change in circumstances, the budgeting
cycle must be interrupted and the amount of assistance for the
payment month must be based on the county agency's best estimate
of the family's income and circumstances for that month.
Families may be required to report their income monthly, but
income may be averaged over a period of more than one month.
Subd. 5. [SIMPLIFICATION OF VERIFICATION PROCEDURES.]
Verification procedures must be reduced to the minimum that is
workable and consistent with the goals and requirements of the
Minnesota family investment plan as determined by the
commissioner.
Sec. 16. Minnesota Statutes 1990, section 256.035, is
amended to read:
256.035 [INCOME SUPPORT AND TRANSITION.]
Subdivision 1. [EXPECTATIONS.] All families eligible for
assistance under the family investment plan are expected to be
in transitional status as defined in section 256.032,
subdivision 12. To be considered in transitional status,
families must meet the following expectations:
(a) For a family headed by a single adult parent parental
caregiver, the expectation is that the parent parental caregiver
will independently pursue self-sufficiency until the family has
received assistance for 24 months within the preceding 36
months. Beginning with the 25th month of assistance, the parent
must be developing or have a contract and comply complying with
the terms of the contract with the county agency or its designee
family support agreement.
(b) For a family with a minor parent parental caregiver or
a family whose parental caregiver is 18 or 19 years of age and
does not have a high school diploma or its equivalent, the
expectation is that, concurrent with the receipt of assistance,
the minor parent parental caregiver must be developing or have a
contract with the county agency complying with a family support
agreement. The terms of the contract family support agreement
must include compliance with section 256.736, subdivision
3b. However, if the assistance unit does not comply with
section 256.736, subdivision 3b, the sanctions in subdivision 3
apply.
(c) For a family with two adult parents parental
caregivers, the expectation is that at least one or both parents
parent will independently pursue self-sufficiency until the
family has received assistance for six months within the
preceding 12 months. Beginning with the seventh month of
assistance, one parent must be developing or have a contract and
comply complying with the terms of the contract with the county
agency or its designee family support agreement.
Subd. 2. [EXEMPTIONS.] (a) A caregiver is exempt from the
requirement of developing a contract and complying with the
terms of the contract developed with the county agency family
support agreement, or engaging in transitional activities, if:
(1) the caregiver is not the natural or adoptive parent of
a minor child; or
(2) in the case of a parental caregiver, the county agency
determines that:
(i) individual circumstances prevent compliance;
(ii) support services necessary to enable compliance are
not available;
(iii) activities identified in the contract are not
available; or
(iv) a parental caregiver is willing to accept suitable
employment but employment is not available. the caregiver is
exempt under United States Code, title 7, section
2031(c)(1)(A)(B)(C)(D)(E) or (F);
(b) A parental caregiver exempt under paragraph (a), clause
(2), may meet with a case manager and develop an employability
plan if the parental caregiver fits one of the categories of
expectations in subdivision 1, and may receive support services
including child care if needed to participate in activities
identified in the employability plan.
Subd. 2a. [GOOD CAUSE.] The county agency shall not impose
the sanction in subdivision 3 if it determines that the parental
caregiver has good cause for not meeting the expectations of
developing and complying with the terms of a family support
agreement developed with the county agency. Good cause exists
when:
(1) needed child care is not available;
(2) the job does not meet the definition of suitable
employment in section 256.032, subdivision 11a;
(3) the parental caregiver is ill or injured;
(4) a family member is ill and needs care by the parental
caregiver that prevents the parental caregiver from complying
with the family support agreement;
(5) the parental caregiver is unable to secure the
necessary transportation;
(6) the parental caregiver is in an emergency situation
which prevents compliance with the family support agreement;
(7) the schedule of compliance with the family support
agreement conflicts with judicial proceedings;
(8) the parental caregiver is already participating in
acceptable activities;
(9) the family support agreement requires an educational
program for a parent under age 20, but the educational program
is not offered in the school district;
(10) activities identified in the family support agreement
are not available;
(11) the parental caregiver is willing to accept suitable
employment as defined in section 256.032, subdivision 11a, but
employment is not available; or
(12) the parental caregiver documents other verifiable
impediments to compliance with the family support agreement
beyond the parental caregiver's control.
Subd. 3. [SANCTIONS.] A family whose parental caregiver is
not exempt from the expectations in subdivision 1 and who is not
complying with those expectations by developing or complying
with the family support agreement must have assistance reduced
by a value equal to ten percent of the transitional standard as
defined in section 256.032, subdivision 13. This reduction is
effective with the month following the finding of noncompliance
and continues until the beginning of the month after failure to
comply ceases. The county agency must notify provide written
notice to the parental caregiver of its intent to implement this
sanction and the opportunity to have a conciliation conference,
upon request, before the sanctions are sanction is implemented.
Implementation of the sanction shall be postponed pending
resolution of the conciliation conference under section 256.036,
subdivision 5, or hearing under section 256.045.
Subd. 4. [TREATMENT OF INCOME FOR THE PURPOSES OF
CONTINUED ELIGIBILITY.] To help families during their transition
from the Minnesota family investment plan to self-sufficiency,
the following income supports are available:
(a) The $30 and one-third and $75 $90 disregards allowed
under section 256.74, subdivision 1, and the 20 percent earned
income deduction allowed under the federal Food Stamp Act of
1977, as amended, are replaced with a single disregard of not
less than 35 percent of gross earned income to cover taxes and
other work-related expenses and to reward the earning of
income. This single disregard is available for the entire time
a family receives assistance through the Minnesota family
investment plan.
(b) The dependent care deduction, as prescribed under
section 256.74, subdivision 1, and United States Code, title 7,
section 2014(e), is replaced for families with earned income who
need assistance with dependent care with an entitlement to a
dependent care subsidy from money earmarked appropriated for the
Minnesota family investment plan.
(c) The family wage level, as defined in section 256.032,
subdivision 8, allows families to supplement earned income with
assistance received through the Minnesota family investment
plan. If, after earnings are adjusted according to the
disregard described in paragraph (a), earnings have raised
family income to a level equal to or greater than the family
wage level, the amount of assistance received through the
Minnesota family investment plan must be reduced.
(d) The first $50 of any timely support payment for a month
received by the public agency responsible for child support
enforcement shall be paid to the family and disregarded in
determining eligibility and the amount of assistance in
accordance with United States Code, title 42, sections
602(a)(8)(A)(vi) and 657(b)(1). This paragraph applies
regardless of whether the caregiver is in transitional status,
is exempt from having developing or complying with the terms of
a contract family support agreement, or has had a sanction
imposed under subdivision 3.
Subd. 5. [ORIENTATION.] All caregivers receiving
assistance through the Minnesota family investment plan must
attend orientation The county agency must provide orientation
which supplies information to caregivers about the Minnesota
family investment plan, and must encourage parental caregivers
to engage in activities to stabilize the family and lead to
employment and self-support.
Subd. 6. [CONTRACT.] (a) To receive the transitional
standard of assistance, a single adult parent who is a member of
a family that has received assistance through the Minnesota
family investment plan for 24 months within the preceding 36
months, a minor parent receiving assistance through the
Minnesota family investment plan, and one parent in a two-parent
family that has received assistance through the Minnesota family
investment plan for six months within the preceding 12 months,
must comply with the terms of a contract with the county agency
or its designee unless exempt under subdivision 2. Case
management must be provided to a caregiver who is a parent to
assist the caregiver in meeting established goals and to monitor
the caregiver's progress toward achieving those goals. The
parental caregiver and the county agency must finalize the
contract as soon as possible, but in any event within a
reasonable period of time after the deadline specified in
subdivision 1, paragraph (a), (b), or (c), whichever applies.
(b) A contract must identify the parental caregiver's
employment goal and explain what steps the family must take to
pursue self-sufficiency. Activities may include:
(1) orientation;
(2) employment;
(3) employment and training services as defined under
section 256.736, subdivision 1a, paragraph (d);
(4) preemployment activities;
(5) participation in an educational program leading to a
high school or general equivalency diploma and post-secondary
education programs, excluding postbaccalaureate degrees as
provided in section 256.736, subdivision 1a, paragraph (d);
(6) case management;
(7) social services; or
(8) other programs or services leading to self-sufficiency.
The contract must also identify the services that the county
agency will provide to the family that the family needs to
enable the parental caregiver to comply with the contract,
including support services such as transportation and child care.
Subd. 6a. [CASE MANAGEMENT SERVICES.] (a) The county
agency will provide case management services to caregivers
required to develop and comply with a family support agreement
as provided in subdivision 1. For minor parents, the
responsibility of the case manager shall be as defined in
section 256.736, subdivision 3b. Sanctions for failing to
develop or comply with the terms of a family support agreement
shall be imposed according to subdivision 3. When a minor
parent reaches age 17, or earlier if determined necessary by the
social service agency, the minor parent shall be referred for
case management services.
(b) Case managers shall provide the following services:
(1) the case manager shall provide or arrange for an
assessment of the family and caregiver's needs, interests, and
abilities according to section 256.736, subdivision 11,
paragraph (a), clause (1);
(2) the case manager shall coordinate services according to
section 256.736, subdivision 11, paragraph (a), clause (3);
(3) the case manager shall develop an employability plan
according to subdivision 6b;
(4) the case manager shall develop a family support
agreement according to subdivision 6c; and
(5) the case manager shall monitor the caregiver's
compliance with the employability plan and the family support
agreement as required by the commissioner.
(c) Case management may continue for up to six months
following the caregiver's achievement of employment goals.
Subd. 6b. [EMPLOYABILITY PLAN.] (a) The case manager shall
develop an employability plan with the caregiver according to
this subdivision and section 256.736, subdivision 11, paragraph
(a), clause (2), which will be based on the assessment in
subdivision 6a of the caregiver's needs, interests, and
abilities.
(b) An employability plan must identify the caregiver's
employment goal or goals and explain what steps the family must
take to pursue self-sufficiency.
(c) Activities in the employability plan may include
preemployment activities such as: programs, activities, and
services related to job training and job placement. These
preemployment activities may include, based on availability and
resources, participation in dislocated worker services, chemical
dependency treatment, mental health services, self-esteem
enhancement activities, peer group networks, displaced homemaker
programs, education programs leading toward the employment goal,
parenting education, and other programs to help the families
reach their employment goals and enhance their ability to care
for their children.
Subd. 6c. [FAMILY SUPPORT AGREEMENT.] (a) The family
support agreement is the enforceable component of the
employability plan as described in subdivision 6b and section
256.736, subdivision 10, paragraph (a), clause (15). A parental
caregiver's failure to comply with any part of the family
support agreement without good cause as provided in subdivision
2a is subject to sanction as provided in subdivision 3.
(b) A family support agreement must identify the parental
caregiver's employment goal or goals and outline the steps which
the parental caregiver and case manager mutually determined are
necessary to achieve each goal. Activities are limited to:
(1) employment;
(2) employment and training activities; or
(3) education up to a baccalaureate degree.
(c) A family support agreement shall include only those
activities described in paragraph (b). Social services or
activities, such as mental health or chemical dependency
services, parenting education, or budget management, can be
included in the employability plan and not in the family support
agreement and are not subject to a sanction under subdivision 3.
(d) For a parental caregiver whose employability plan is
composed entirely of services described in paragraph (c), the
family support agreement shall designate a date for reassessment
of the activities needed to reach the parental caregiver's
employment goal and this date shall be considered as the content
of the family support agreement. The parental caregiver and
case manager shall meet at least semiannually to review and
revise the family support agreement.
(e) The family support agreement must identify the services
that the county agency will provide to the family to enable the
parental caregiver to comply with the family support agreement,
including support services such as transportation and child care.
(f) The family support agreement must state the parental
caregiver's obligations and the conditions under which the
county agency will recommend a sanction be applied to the grant
and withdraw the services.
(g) The family support agreement will specify a date for
completion of activities leading to the employment goal.
(h) The family support agreement must be signed and dated
by the case manager and parental caregiver. In all cases, the
case manager must assist the parental caregiver in reviewing and
understanding the family support agreement and must assist the
caregiver in setting realistic goals in the agreement which are
consistent with the ultimate goal of financial support for the
caregiver's family. The case manager must inform the caregiver
of the right to seek conciliation as provided in subdivision 6e.
(i) The caregiver may revise the family support agreement
with the case manager when good cause indicates revision is
warranted. Revisions for reasons other than good cause to
employment goals or steps toward self-support may be made in the
first six months after the signing of the family support
agreement with the approval of the case manager. After that,
the revision must be approved by the case management supervisor
or other persons responsible for review of case management
decisions.
Subd. 6d. [LENGTH OF JOB SEARCH.] When the family support
agreement specifies a date when job search should begin, the
parental caregiver must participate in employment search
activities. If, after three months of search, the parental
caregiver does not find a job that is consistent with the
parental caregiver's employment goal, the parent must accept any
suitable employment. The search may be extended for up to three
months if the parental caregiver seeks and needs additional job
search assistance.
Subd. 6e. [CONCILIATION.] A conciliation procedure shall
be available as provided in section 256.736, subdivision 11,
paragraph (c). The conciliation conference will be available to
parental caregivers who cannot reach agreement with the case
manager about the contents or interpretation of the family
support agreement, or who have received a notice of intent to
implement a sanction as required under subdivision 3.
Implementation of the sanction will be postponed pending the
outcome of conciliation. The conciliation conference will be
facilitated by a neutral mediator, and the goal will be to
achieve mutual agreement between the parental caregiver and case
manager. The conciliation conference is an optional procedure
preceding the hearing process under section 256.045.
Subd. 7. [EMPLOYMENT BONUS.] A family leaving the program
as a result of increased earnings through employment is entitled
to an employment bonus. This bonus is a one-time cash
incentive, not more than the family's monthly payment standard,
to cover initial expenses incurred by the family leaving the
Minnesota family investment plan.
Subd. 8. [CHILD CARE.] The commissioner shall ensure that
each Minnesota family investment plan caregiver who is a parent
in transitional status employed or is developing or is engaged
in activities identified in an employability plan under
subdivision 6b and who needs assistance with child care costs to
independently pursue self-sufficiency be employed or to develop
or comply with the terms of a contract with the county agency an
employability plan receives a child care subsidy through child
care money earmarked appropriated for the Minnesota family
investment plan. The subsidy must cover all actual child care
costs for eligible hours up to the maximum rate allowed
under sections section 256H.15 and 256H.16. A caregiver who
is a parent in the assistance unit who leaves the program as a
result of increased earnings from employment and who needs child
care assistance to remain employed is entitled to extended child
care assistance as provided under United States Code, title 42,
section 602(g)(1)(A)(ii) on a copayment basis.
Subd. 9. [HEALTH CARE.] A family leaving the program as a
result of increased earnings from employment is eligible for
extended medical assistance as provided under Public Law Number
100-485, section 303, as amended and Public Law Number 101-239,
section 8015(b)(7).
Sec. 17. Minnesota Statutes 1990, section 256.036,
subdivision 1, is amended to read:
Subdivision 1. [SUPPORT SERVICES.] If assistance with
child care or transportation is necessary to enable a parental
caregiver who is a parent to work, obtain training or education,
attend orientation, or comply with the terms of a contract
family support agreement with the county agency, and the
county agency determines that child care or transportation is
not available, the family's applicable standard of assistance
continues to be the transitional standard.
Sec. 18. Minnesota Statutes 1990, section 256.036,
subdivision 2, is amended to read:
Subd. 2. [VOLUNTEERS.] For caregivers receiving assistance
under the Minnesota family investment plan who are not currently
employed but who are independently pursuing self-sufficiency,
case management and, support services other than, and child care
are available to the extent that resources permit. A caregiver
who volunteers is not subject to a sanction under section
256.035, subdivision 3.
Sec. 19. Minnesota Statutes 1990, section 256.036,
subdivision 4, is amended to read:
Subd. 4. [TIMELY ASSISTANCE.] Applications must be
processed in a timely manner according to the processing
standards of the federal Food Stamp Act of 1977, as amended, and
no later than 30 days following the date of application, unless
the county agency has requested information that the applicant
has not yet supplied. Financial assistance must be provided on
no less than a at least monthly basis to eligible families.
Sec. 20. Minnesota Statutes 1990, section 256.036,
subdivision 5, is amended to read:
Subd. 5. [DUE PROCESS.] Any family that applies for or
receives assistance under the Minnesota family investment plan
whose application for assistance is denied or not acted upon
with reasonable promptness, or whose assistance is suspended,
reduced, terminated, or claimed to have been incorrectly paid,
is entitled, upon request, to a hearing under section 256.045.
A parental caregiver may request a conciliation conference, as
provided under section 256.736 256.035, subdivisions 4a and
11 subdivision 6e, when the caregiver disputes the contents
terms of a contract family support agreement developed under the
Minnesota family investment plan or disputes a decision
regarding failure or refusal to cooperate comply with the terms
of a contract family support agreement. The disputes are not
subject to administrative review under section 256.045, unless
they result in a denial, suspension, reduction, or termination,
and the parental caregiver complies with section 256.045. A
caregiver need not request a conciliation conference to request
a hearing according to section 256.045.
Sec. 21. [256.0361] [FIELD TRIAL OPERATION.]
Subdivision 1. [LOCAL PLAN.] A county that is selected to
serve as a field trial or control site shall carry out the
activities necessary to perform the evaluation for the duration
of the field trials.
Subd. 2. [FINANCIAL REIMBURSEMENT.] (a) Up to the limit of
the state appropriation, a county selected by the commissioner
to serve as a field trial or a control site for the Minnesota
family investment plan shall be reimbursed by the state for the
nonfederal share of administrative costs that were incurred
during the development, implementation, and operation of the
program and that exceed the administrative costs that would have
been incurred in the absence of the program.
(b) Minnesota family investment plan assistance is included
as covered programs and services under section 256.025,
subdivision 2.
Sec. 22. Minnesota Statutes 1990, section 256.736,
subdivision 3a, is amended to read:
Subd. 3a. [PARTICIPATION.] (a) Except as provided under
paragraphs (b) and (c), participation in employment and training
services under this section is limited to the following
recipients:
(1) caretakers who are required to participate in a job
search under subdivision 14;
(2) custodial parents who are subject to the school
attendance or case management participation requirements under
subdivision 3b;
(3) caretakers whose participation in employment and
training services began prior to May 1, 1990, if the caretaker's
AFDC eligibility has not been interrupted for 30 days or more
and the caretaker's employability development plan has not been
completed;
(4) recipients who are members of a family in which the
youngest child is within two years of being ineligible for AFDC
due to age;
(5) effective September 1, 1990, custodial parents under
the age of 22 24 who: (i) have not completed a high school
education and who, at the time of application for AFDC, were not
enrolled in high school or in a high school equivalency program;
or (ii) have had little or no work experience in the preceding
year;
(6) recipients who have received AFDC for 48 36 or more
months out of the last 60 months;
(7) recipients who are participants in the self-employment
investment demonstration project under section 268.95; and
(8) recipients who participate in the new chance research
and demonstration project under contract with the department of
human services.
(b) If the commissioner determines that participation of
persons listed in paragraph (a) in employment and training
services is insufficient either to meet federal performance
targets or to fully utilize funds appropriated under this
section, the commissioner may, after notifying the chairs of the
senate and house health and human services committees, the
health and human services division of the senate finance
committee, and the health and human services division of the
house appropriations committee, permit additional groups of
recipients to participate until the next meeting of the
legislative advisory commission, after which the additional
groups may continue to enroll for participation unless the
legislative advisory commission disapproves the continued
enrollment. The commissioner shall allow participation of
additional groups in the following order only as needed to meet
performance targets or fully utilize funding for employment and
training services under this section:
(1) recipients who have received at least 42 months of AFDC
out of the previous 60 months;
(2) custodial parents under the age of 24 who meet the
criteria in paragraph (a), clause (5), subclause (i) or (ii);
(3) recipients who have received at least 36 months of AFDC
out of the previous 60 months;
(4) recipients who have received 24 or more months of AFDC
out of the previous 48 months; and
(5) (2) recipients who have not completed a high school
education or a high school equivalency program.
(c) To the extent of money appropriated specifically for
this paragraph, the commissioner may permit AFDC caretakers who
are not eligible for participation in employment and training
services under the provisions of paragraph (a) or (b) to
participate. Money must be allocated to county agencies based
on the county's percentage of participants statewide in services
under this section in the prior calendar year. Counties must
provide equal or greater services to participants enrolled under
this paragraph, as measured in average per client expenditures,
as provided to other participants in employment and training
services under this section. Caretakers must be selected on a
first-come, first-served basis from a waiting list of caretakers
who volunteer to participate. The commissioner may, on a
quarterly basis, reallocate unused allocations to county
agencies that have sufficient volunteers. If funding under this
paragraph is discontinued in future fiscal years, caretakers who
began participating under this paragraph must be deemed eligible
under paragraph (a), clause (3).
Sec. 23. Minnesota Statutes 1990, section 256.82,
subdivision 1, is amended to read:
Subdivision 1. [MONTHLY DIVISION OF COSTS AND PAYMENTS.]
Based upon estimates submitted by the county agency to the state
agency, which shall state the estimated required expenditures
for the succeeding month, upon the direction of the state
agency, payment shall be made monthly in advance by the state to
the counties of all federal funds available for that purpose for
such succeeding month. The state share of the nonfederal
portion of county agency expenditures shall be 85 percent and
the county share shall be 15 percent. Payments to counties for
costs incurred shall include an amount of state funds equal to
85 percent of the difference between the total estimated cost
and the federal funds so available for payments made. Benefits
shall be issued to recipients by the state or county and funded
according to section 256.025, subdivision 3, subject to
provisions of section 256.017. Beginning July 1, 1991, the
state will reimburse counties according to the payment schedule
in section 256.025 for the county share of county agency
expenditures under this subdivision from January 1, 1991, on.
Payment to counties under this subdivision is subject to the
provisions of section 256.017. Adjustment of any overestimate
or underestimate made by any county shall be paid upon the
direction of the state agency in any succeeding month.
Sec. 24. Minnesota Statutes 1990, section 256.871,
subdivision 6, is amended to read:
Subd. 6. [REPORTS OF ESTIMATED EXPENDITURES; PAYMENTS.]
The county agency shall submit to the state agency reports
required under section 256.01, subdivision 2, paragraph (17).
Fiscal reports shall estimate expenditures for each succeeding
month in such form as required by the state agency. Payment
shall be made monthly in advance by the state agency to the
counties, of federal funds available for that purpose for each
succeeding month. The state share of the nonfederal portion of
county agency expenditures shall be ten percent and the county
share shall be 90 percent. Payments to counties for costs
incurred shall include an amount of state funds equal to ten
percent of the difference between the total estimated cost and
the federal funds available. The state share of the nonfederal
portion of eligible expenditures shall be ten percent and the
county share shall be 90 percent. Benefits shall be issued to
recipients by the state or county and funded according to
section 256.025, subdivision 3, subject to provisions of section
256.017. Beginning July 1, 1991, the state will reimburse
counties according to the payment schedule set forth in section
256.025 for the county share of county agency expenditures made
under this subdivision from January 1, 1991, on. Payment to
counties under this subdivision is subject to the provisions of
section 256.017. Adjustment of any overestimate or
underestimate made by any county shall be paid upon the
direction of the state agency in any succeeding month.
Sec. 25. Minnesota Statutes 1990, section 256.935,
subdivision 1, is amended to read:
Subdivision 1. On the death of any person receiving public
assistance through aid to dependent children, the county agency
shall pay an amount for funeral expenses not exceeding $370 and
actual cemetery charges. No funeral expenses shall be paid if
the estate of the deceased is sufficient to pay such expenses or
if the children, or spouse, who were legally responsible for the
support of the deceased while living, are able to pay such
expenses; provided, that the additional payment or donation of
the cost of cemetery lot, interment, religious service, or for
the transportation of the body into or out of the community in
which the deceased resided, shall not limit payment by the
county agency as herein authorized. Freedom of choice in the
selection of a funeral director shall be granted to persons
lawfully authorized to make arrangements for the burial of any
such deceased recipient. In determining the sufficiency of such
estate, due regard shall be had for the nature and marketability
of the assets of the estate. The county agency may grant
funeral expenses where the sale would cause undue loss to the
estate. Any amount paid for funeral expenses shall be a prior
claim against the estate, as provided in section 524.3-805, and
any amount recovered shall be reimbursed to the agency which
paid the expenses. The commissioner shall specify requirements
for reports, including fiscal reports, according to section
256.01, subdivision 2, paragraph (17). The state share of
county agency expenditures shall be 50 percent and the county
share shall be 50 percent. The state shall reimburse the county
for 50 percent of county agency expenditures made for funeral
expenses. Benefits shall be issued to recipients by the state
or county and funded according to section 256.025, subdivision
3, subject to provisions of section 256.017.
Beginning July 1, 1991, the state will reimburse counties
according to the payment schedule set forth in section 256.025
for the county share of county agency expenditures made under
this subdivision from January 1, 1991, on. Payment to counties
under this subdivision is subject to the provisions of section
256.017.
Sec. 26. Minnesota Statutes 1990, section 256.98, is
amended by adding a subdivision to read:
Subd. 8. [DISQUALIFICATION FROM PROGRAM.] Any person found
to be guilty of wrongfully obtaining assistance by a federal or
state court, in either the aid to families with dependent
children program or the food stamp program, shall be
disqualified from that program. The needs of that individual
shall not be taken into consideration in determining the grant
level for that assistance unit:
(1) for six months after the first conviction;
(2) for 12 months after the second conviction; and
(3) permanently after the third or subsequent conviction.
Any period for which sanctions are imposed is effective,
without possibility of administrative stay, until the findings
upon which the sanctions were imposed are reversed by a court of
competent jurisdiction. The period for which sanctions are
imposed is not subject to review. The sanctions provided under
this subdivision are in addition to, and not in substitution
for, any other sanctions that may be provided for by law for the
offense involved. When the disqualified individual is a
caretaker relative, the remainder of the aid to families with
dependent children grant payable to the other eligible
assistance unit members must be provided in the form of
protective payments. These payments may be made to the
disqualified individual only if, after reasonable efforts, the
county agency documents that it cannot locate an appropriate
protective payee. Protective payments must continue until the
disqualification period ends.
Sec. 27. Minnesota Statutes 1990, section 256.983, is
amended to read:
256.983 [FRAUD PREVENTION INVESTIGATIONS.]
Subdivision 1. [PROGRAMS ESTABLISHED.] (a) Within the
limits of available appropriations, and to the extent either
required or authorized by applicable federal regulations, the
commissioner of human services shall select and fund not less
than four pilot projects for a two-year period to test the
effectiveness of fraud prevention investigations conducted at
the point of application for assistance. County agencies must
be selected to be involved in the pilot projects based on their
response to requests for proposals issued by the commissioner.
One of the county agencies selected must be located in either
Hennepin or Ramsey county, one must be from a county in the
seven-county metropolitan area other than Hennepin and Ramsey
counties, and two must be located outside the metropolitan area.
(b) If proposals are not submitted, the commissioner may
select the county agencies to be involved. The county agencies
must be selected from the locations described in paragraph (a).
Within the limits of available appropriations, and to the extent
required or authorized by applicable federal regulations, the
commissioner of human services shall require the establishment
of fraud prevention investigation programs in the seven counties
participating in the fraud prevention investigation pilot
project established under Laws 1989, chapter 282, article 5,
section 41, and in 11 additional Minnesota counties with the
largest aid to families with dependent children program
caseloads as of July 1, 1991. If funds are sufficient, the
commissioner may also extend fraud prevention investigation
programs to other counties that have welfare fraud control
programs already in place based on enhanced funding contracts
covering the fraud investigation function.
Subd. 2. [COUNTY PROPOSALS.] Each participating county
agency shall develop and submit an annual staffing and funding
proposal to the commissioner no later than April 30 of each
year. Each proposal shall include, but not be limited to, the
staffing and funding of the fraud prevention investigation
program, a job description for investigators involved in the
fraud prevention investigation program, and the organizational
structure of the county agency unit, training programs for case
workers, and the operational requirements which may be directed
by the commissioner. The proposal shall be approved, to include
any changes directed or negotiated by the commissioner, no later
than June 30 of each year.
Subd. 3. [DEPARTMENT RESPONSIBILITIES.] The commissioner
shall establish training programs which shall be attended by all
investigative and supervisory staff of the involved county
agencies. The commissioner shall also develop the necessary
operational guidelines, forms, and reporting mechanisms, which
shall be used by the involved county agencies.
Subd. 4. [FUNDING.] Every involved county agency shall
either have in place or obtain an approved contract which meets
all federal requirements necessary to obtain enhanced federal
funding for its welfare fraud control and fraud prevention
investigation programs. County agency reimbursement shall be
made through the settlement provisions applicable to the aid to
families with dependent children and food stamp programs.
Sec. 28. [256.984] [DECLARATION AND PENALTY.]
Subdivision 1. [DECLARATION.] Every application for food
stamps under chapter 393 shall be in writing or reduced to
writing as prescribed by the state agency and shall contain the
following declaration which shall be signed by the applicant:
"I declare under the penalties of perjury that this
application has been examined by me and to the best of my
knowledge is a true and correct statement of every material
point. I understand that a person convicted of perjury may
be sentenced to imprisonment of not more than five years or
to payment of a fine of not more than $10,000, or both."
Subd. 2. [PENALTY.] Any person who willfully and falsely
makes the declaration in subdivision 1 is guilty of perjury and
shall be subject to the penalties prescribed in section 609.48.
Sec. 29. Minnesota Statutes 1990, section 256B.064,
subdivision 2, is amended to read:
Subd. 2. The commissioner shall determine monetary amounts
to be recovered and the sanction to be imposed upon a vendor of
medical care for conduct described by subdivision 1a. Neither a
monetary recovery nor a sanction will be sought by the
commissioner without prior notice and an opportunity for a
hearing, pursuant to chapter 14, on the commissioner's proposed
action, provided that the commissioner may suspend or reduce
payment to a vendor of medical care, except a nursing home or
convalescent care facility, prior to the hearing if in the
commissioner's opinion that action is necessary to protect the
public welfare and the interests of the program.
Upon receipt of a notice that a monetary recovery or
sanction is to be imposed, a vendor may request a contested
case, as defined in section 14.02, subdivision 3, by filing with
the commissioner a written request of appeal. The appeal
request must be received by the commissioner no later than 30
days after the date the notification of monetary recovery or
sanction was mailed to the vendor. The appeal request must
specify:
(1) each disputed item, the reason for the dispute, and an
estimate of the dollar amount involved for each disputed item;
(2) the computation that the vendor believes is correct;
(3) the authority in statute or rule upon which the vendor
relies for each disputed item;
(4) the name and address of the person or entity with whom
contacts may be made regarding the appeal; and
(5) other information required by the commissioner.
Sec. 30. Minnesota Statutes 1990, section 256D.03,
subdivision 2, is amended to read:
Subd. 2. After December 31, 1980, state aid shall be paid
to county agencies for 75 percent of all general assistance and
work readiness grants up to the standards of sections 256D.01,
subdivision 1a, and 256D.051, and according to procedures
established by the commissioner, except as provided for under
section 256.017 and except that, until January 1, 1991, state
aid is reduced to 65 percent of all work readiness assistance if
the county agency does not make occupational or vocational
literacy training available and accessible to recipients who are
eligible for assistance under section 256D.051. Benefits shall
be issued to recipients by the state or county and funded
according to section 256.025, subdivision 3.
Beginning July 1, 1991, the state will reimburse counties
according to the payment schedule in section 256.025 for the
county share of county agency expenditures made under this
subdivision from January 1, 1991, on. Payment to counties under
this subdivision is subject to the provisions of section 256.017.
Sec. 31. Minnesota Statutes 1990, section 256D.03,
subdivision 2a, is amended to read:
Subd. 2a. [COUNTY AGENCY OPTIONS.] Any county agency may,
from its own resources, make payments of general assistance and
work readiness 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, or 256D.051 but for whom the aid would
further the purposes established in the general assistance or
work readiness program in accordance with rules adopted by the
commissioner pursuant to the administrative procedure act. The
Minnesota department of human services may maintain client
records and issue these payments, providing the cost of benefits
is paid by the counties to the department of human services in
accordance with sections 256.01 and 256.025, subdivision 3.
Sec. 32. Minnesota Statutes 1990, 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 and who is a resident
of the state shall be eligible for and entitled to general
assistance if the person or family is:
(1) a person who is suffering from a professionally
certified permanent or temporary illness, injury, or incapacity
which is expected to continue for more than 30 days 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 professionally
certified illness, injury, incapacity, or the age of another
member of the household;
(3) a person who has been placed in, and is residing 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 county agency through its director or designated
representative;
(4) a person who resides in a shelter facility described in
subdivision 3;
(5) a person not described in clause (1) or (3) who is
diagnosed by a licensed physician, licensed psychologist, or
other qualified professional, as mentally retarded or mentally
ill, and that condition prevents the person from obtaining or
retaining employment;
(6) 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, provided that
within 60 days of the initial denial of the application by the
social security administration, the person produces medical
evidence in support of the person's application; or a person who
has been terminated from either program and has an appeal from
that termination pending. A person whose benefits are
terminated for failure to produce any medical evidence within 60
days of the denial of the application, is eligible as soon as
medical evidence in support of the application for the social
security disability program or the program of supplemental
security income for the aged, blind, and disabled is produced.
Except for a person whose application is based in whole or in
part on mental illness or chemical dependency, a person whose
application for either program is denied and who does not pursue
an appeal is eligible under this paragraph based on a new
application only if the new application concerns a different
disability or alleges new or aggravated symptoms of the original
disability a person who has an application pending for, or is
appealing termination of benefits from, the social security
disability program or the program of supplemental security
income for the aged, blind, and disabled, provided the person
has a professionally certified permanent or temporary illness,
injury, or incapacity which is expected to continue for more
than 30 days and which prevents the person from obtaining or
retaining employment;
(7) 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;
(8) a person who has been assessed by a qualified
professional or a vocational specialist as not being likely to
obtain permanent employment. The assessment must consider the
recipient's age, physical and mental health, education,
trainability, prior work experience, and the local labor market;
, following participation in the work readiness program,
completion of an individualized employability assessment by the
work readiness service provider, and consultation between the
county agency and the work readiness service provider, the
county agency determines is not employable. For purposes of
this item, a person is considered employable if the county
agency determines that there exist positions of employment in
the local labor market, regardless of the current availability
of openings for those positions, that the person is capable of
performing. Eligibility under this category must be reassessed
at least annually by the county agency and must be based upon
the results of a new individualized employability assessment
completed by the work readiness service provider. The recipient
shall, if otherwise eligible, continue to receive general
assistance while the annual individualized employability
assessment is completed by the work readiness service provider,
rather than receive work readiness payments under section
256D.051. Subsequent eligibility for general assistance is
dependent upon the county agency determining, following
consultation with the work readiness service provider, that the
person is not employable, or the person meeting the requirements
of another general assistance category of eligibility;
(9) a person who is determined by the county agency, in
accordance with emergency and permanent rules adopted by the
commissioner, to be learning disabled, provided that if a
rehabilitation plan for the person is developed or approved by
the county agency, the person is following the plan;
(10) 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 county 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 county agency. For purposes of
this clause, "legally emancipated" means a person under the age
of 18 years who: (i) has been married; (ii) is on active duty
in the uniformed services of the United States; (iii) has been
emancipated by a court of competent jurisdiction; or (iv) is
otherwise considered emancipated under Minnesota law, and for
whom county social services has not determined that a social
services case plan is necessary, for reasons other than that the
child has failed or refuses to cooperate with the county agency
in developing the plan;
(11) a woman in the last trimester of pregnancy who does
not qualify for aid to families with dependent children. A
woman who is in the last trimester of pregnancy who is currently
receiving aid to families with dependent children may be granted
emergency general assistance to meet emergency needs;
(12) a person whose need for general assistance will not
exceed 30 days who is eligible for displaced homemaker services,
programs, or assistance under section 268.96, but only if that
person is enrolled as a full-time student;
(13) a person who lives more than two hours round-trip
traveling time from any potential suitable employment; and
(14) a person who is involved with protective or
court-ordered services that prevent the applicant or recipient
from working at least four hours per day.; and
(15) a family as defined in section 256D.02, subdivision 5,
which is ineligible for the aid to families with dependent
children program. If all children in the family are six years
of age or older, or if suitable child care is available for
children under age six at no cost to the family, all the adult
members of the family must register for and cooperate in the
work readiness program under section 256D.051. If one or more
of the children is under the age of six and suitable child care
is not available without cost to the family, all the adult
members except one adult member must register for and cooperate
with the work readiness program under section 256D.051. The
adult member who must participate in the work readiness program
is the one having earned the greater of the incomes, excluding
in-kind income, during the 24-month period immediately preceding
the month of application for assistance. When there are no
earnings or when earnings are identical for each adult, the
applicant must designate the adult who must participate in work
readiness and that designation must not be transferred or
changed after program eligibility is determined as long as
program eligibility continues without an interruption of 30 days
or more. 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 as provided by the termination provisions of
section 256D.051, subdivision 1a, paragraph (b). The time
limits of section 256D.051, subdivision 1, do not apply to
persons eligible under this clause.
(b) Persons or families who are not state residents but who
are otherwise eligible for general assistance may receive
emergency general assistance to meet emergency needs.
(c) As a condition of eligibility under paragraph (a),
clauses (1), (3), (5), (8), and (9), the recipient must complete
an interim assistance agreement and must apply for other
maintenance benefits as specified in section 256D.06,
subdivision 5, and must comply with efforts to determine the
recipient's eligibility for those other maintenance benefits.
(d) The burden of providing documentation for a county
agency to use to verify eligibility for general assistance or
work readiness is upon the applicant or recipient. The county
agency shall use documents already in its possession to verify
eligibility, and shall help the applicant or recipient obtain
other existing verification necessary to determine eligibility
which the applicant or recipient does not have and is unable to
obtain.
Sec. 33. Minnesota Statutes 1990, section 256D.05,
subdivision 2, is amended to read:
Subd. 2. [USE OF FEDERAL FUNDS.] Notwithstanding any law
to the contrary, if any person otherwise eligible for general
assistance would, but for state statutory restriction or
limitation, be eligible for a funded federally aided assistance
program providing benefits equal to or greater than those of
general assistance, the person shall be eligible for that
federally aided program and ineligible for general assistance;
provided, however, that (a) nothing in this section shall be
construed to extend eligibility for federally aided programs to
persons not otherwise eligible for general assistance; (b) this
section shall not be effective to the extent that federal law or
regulation require new eligibility for federal programs to
persons not otherwise eligible for general assistance; and (c)
nothing in this section shall deny general assistance to a
person otherwise eligible who is determined ineligible for a
substitute federally aided program.
Sec. 34. Minnesota Statutes 1990, section 256D.05,
subdivision 6, is amended to read:
Subd. 6. [ASSISTANCE FOR PERSONS WITHOUT A VERIFIED
RESIDENCE.] (a) For applicants or recipients of general
assistance, emergency general assistance, or work readiness
assistance who do not have a verified residence address, the
county agency may provide assistance using one or more of the
following methods:
(1) the county 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 county 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 under section 256D.01, subdivision 1a,
issue assistance based on actual need. Nothing in this clause
prevents the county agency from issuing voucher or vendor
payments for emergency general assistance in an amount less than
the standards of assistance; and
(3) the county 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.
(b) An individual may verify a residence address by
providing a driver's license; a state identification card; 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.
(c) Notwithstanding the provisions of section 256D.06,
subdivision 1, if the county agency elects to provide assistance
on a weekly payment basis, the agency may not provide assistance
for a period during which no need is claimed by the individual
unless the individual has good cause for failing to claim need.
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 advance notice required
under section 256D.10 does not apply to weekly assistance issued
under this paragraph that is withheld because the individual
failed to claim need without good cause.
(d) The county agency may not issue assistance on a weekly
basis to an applicant or recipient who has professionally
certified mental illness or mental retardation or a related
condition, or to an assistance unit that includes minor
children, unless requested by the assistance unit.
Sec. 35. Minnesota Statutes 1990, section 256D.05, is
amended by adding a subdivision to read:
Subd. 7. [INELIGIBILITY FOR GENERAL ASSISTANCE.] No person
disqualified from any federally aided assistance program shall
be eligible for general assistance during the period covered by
the disqualification sanction.
Sec. 36. Minnesota Statutes 1990, section 256D.051,
subdivision 1, is amended to read:
Subdivision 1. [WORK REGISTRATION.] (a) A person, family,
or married couple Except as provided in this subdivision,
persons who are residents of the state and whose income and
resources are less than the standard of assistance established
by the commissioner, but who are not categorically eligible
under section 256D.05, subdivision 1, are eligible for the work
readiness program for a maximum period of five consecutive
calendar months during any 12 consecutive calendar month period,
subject to the provisions of paragraph (d), subdivision 3, and
section 256D.052, subdivision 4. The person's five-month
eligibility period begins on the first day of the calendar month
following the date of application for assistance or following
the date all eligibility factors are met, whichever is later,
and ends on the last day of the fifth consecutive calendar
month, whether or not the person has received benefits for all
five months. The person is not eligible to receive work
readiness benefits during the seven calendar months immediately
following the five-month eligibility period; however, the person
may voluntarily continue to participate in work readiness
services for up to three additional consecutive months
immediately following the last month of benefits to complete the
provisions of the person's employability development plan.
Prior to terminating work readiness assistance the county agency
must advise the person of his or her eligibility for general
assistance medical care and must assess the person's eligibility
for general assistance under section 256D.05 to the extent
possible, using information in the case file, and determine the
person's eligibility for general assistance. A determination
that the person is not eligible for general assistance must be
stated in the notice of termination of work readiness benefits.
(b) Persons, families, and married couples who are not
state residents but who are otherwise eligible for work
readiness assistance may receive emergency assistance to meet
emergency needs.
(c) Except for family members who must participate in work
readiness services under the provisions of section 256D.05,
subdivision 1, clause (14), any person who would be defined for
purposes of the food stamp program as being enrolled at least
half-time in an institution of higher education is ineligible
for the work readiness program.
(d) Notwithstanding the provisions of sections 256.045 and
256D.10, during the pendency of an appeal, work readiness
payments and services shall not continue to a person who appeals
the termination of benefits due to exhaustion of the period of
eligibility specified in paragraph (a) or (d).
Sec. 37. Minnesota Statutes 1990, section 256D.051,
subdivision 1a, is amended to read:
Subd. 1a. [WORK READINESS PAYMENTS.] (a) Except as
provided in this subdivision, grants of work readiness shall be
determined using the standards of assistance, exclusions,
disregards, and procedures which are used in the general
assistance program. Work readiness shall be granted in an
amount that, when added to the nonexempt income actually
available to the assistance unit, the total amount equals the
applicable standard of assistance.
(b) Work readiness payments must be provided to persons
determined eligible for the work readiness program as provided
in this subdivision except when the special payment provisions
in subdivision 1b are utilized. The initial payment must be
prorated to provide assistance for the period beginning with the
date the completed application is received by the county agency
or the date the assistance unit meets all work readiness
eligibility factors, whichever is later, and ending on the final
day of that month. The amount of the first payment must be
determined by dividing the number of days to be covered under
the payment by the number of days in the month, to determine the
percentage of days in the month that are covered by the payment,
and multiplying the monthly payment amount by this percentage.
Subsequent payments must be paid monthly on the first day of
each month. Except as provided in section 256D.05, subdivision
6, work readiness assistance must be paid on the first day of
each month.
At the time the county agency notifies the assistance unit
that it is eligible for family general assistance or work
readiness assistance and by the first day of each month of
services, the county agency must inform all mandatory
registrants in the assistance unit that they must attend an
orientation within 30 days comply with all work readiness
requirements that month, and that work readiness eligibility
will end at the end of the month in which the orientation is
scheduled unless the registrants attend orientation comply with
work readiness requirements specified in the notice. A
registrant who fails, without good cause, to comply with
requirements during this time period, including attendance at
orientation, will lose family general assistance or work
readiness eligibility without notice under section 256D.101,
subdivision 1, paragraph (b). The registrant shall, however, be
sent a notice, on or before the date that no later than five
days after eligibility ends, which informs the registrant
that family general assistance or work readiness eligibility has
ended in accordance with this section for failure to comply with
work readiness requirements. The notice shall set forth the
factual basis for such determination and advises advise the
registrant of the right to reinstate eligibility upon a showing
of good cause for the failure to meet the requirements.
Subsequent assistance must not be issued unless the person
completes an application, is determined eligible, and attends an
orientation complies with the work readiness requirements that
had not been complied with, or demonstrates that the person had
good cause for failing to comply with the requirement. The time
during which the person is ineligible under these provisions is
counted as part of the person's period of eligibility under
subdivision 1.
(c) Notwithstanding the provisions of section 256D.01,
subdivision 1a, paragraph (d), when one member of a married
couple has exhausted the five months of work readiness
eligibility in a 12-month period and the other member has one or
more months of eligibility remaining within the same 12-month
period, the standard of assistance applicable to the member who
remains eligible is the first adult standard in the aid to
families with dependent children program.
(d) Notwithstanding sections 256.045 and 256D.10, during
the pendency of an appeal, work readiness payments and services
shall not continue to a person who appeals the termination of
benefits under paragraph (b).
Sec. 38. Minnesota Statutes 1990, section 256D.051,
subdivision 2, is amended to read:
Subd. 2. [COUNTY AGENCY DUTIES.] (a) The county agency
shall provide to registrants a work readiness program. The work
readiness program must include:
(1) orientation to the work readiness program;
(2) an individualized employability assessment and an
individualized employability development plan that includes
assessment of literacy, ability to communicate in the English
language, eligibility for displaced homemaker services under
section 268.96, educational and employment history, and that
estimates the length of time it will take the registrant to
obtain employment. The employability assessment and development
plan must be completed in consultation with the registrant, must
assess the registrant's assets, barriers, and strengths, and
must identify steps necessary to overcome barriers to
employment. A copy of the employability development plan must
be provided to the registrant;
(3) referral to available accredited remedial or skills
training programs designed to address registrant's barriers to
employment;
(4) referral to available programs including the Minnesota
employment and economic development program;
(5) a job search program, including job seeking skills
training; and
(6) other activities, to the extent of available resources
designed by the county agency to prepare the registrant for
permanent employment.
The work readiness program may include a public sector or
nonprofit work experience component only if the component is
established according to section 268.90.
In order to allow time for job search, the county agency
may not require an individual to participate in the work
readiness program for more than 32 hours a week. The county
agency shall require an individual to spend at least eight hours
a week in job search or other work readiness program activities.
(b) The county agency shall prepare an annual plan for the
operation of its work readiness program. The plan must be
submitted to and approved by the commissioner of jobs and
training. The plan must include:
(1) a description of the services to be offered by the
county agency;
(2) a plan to coordinate the activities of all public
entities providing employment-related services in order to avoid
duplication of effort and to provide services more efficiently;
(3) a description of the factors that will be taken into
account when determining a client's employability development
plan; and
(4) provisions to assure that applicants and recipients are
evaluated for eligibility for general assistance prior to
termination from the work readiness program; and
(5) provisions to ensure that the county agency's
employment and training service provider provides each recipient
with an orientation, employability assessment, and employability
development plan as specified in paragraph (a), clauses (1) and
(2), within 30 days of the recipient's application for
assistance.
Sec. 39. Minnesota Statutes 1990, section 256D.051,
subdivision 3, is amended to read:
Subd. 3. [REGISTRANT DUTIES.] In order to receive work
readiness assistance, a registrant shall: (1) cooperate with
the county agency in all aspects of the work readiness program;
(2) accept any suitable employment, including employment offered
through the job training partnership act, Minnesota employment
and economic development act, and other employment and training
options; and (3) participate in work readiness activities
assigned by the county agency. The county agency may terminate
assistance to a registrant who fails to cooperate in the work
readiness program, as provided in subdivision 3c 1a.
Sec. 40. Minnesota Statutes 1990, section 256D.051,
subdivision 3a, is amended to read:
Subd. 3a. [PERSONS REQUIRED TO REGISTER FOR AND
PARTICIPATE IN THE WORK READINESS PROGRAM.] Each person in a
work readiness assistance unit who is 18 years old or older must
register for and participate in the work readiness program. A
child person in the assistance unit who is at least 16 years old
but less than 19 years old and who is not a full-time secondary
school student is required to register and participate. A
student who was enrolled as a full-time student during the last
school term must be considered a full-time student during
summers and school holidays. If an assistance unit includes
children under age six and suitable child care is not available
at no cost to the family, one adult member of the assistance
unit is exempt from registration for and participation in the
work readiness program. The county agency shall designate the
adult who must register. The registrant must be the adult who
is the principal wage earner, having earned the greater of the
incomes, except for income received in-kind, during the 24
months immediately preceding the month of application for
assistance. When there are no earnings or when earnings are
identical for each parent, the applicant must designate the
principal wage earner, and that designation must not be
transferred after program eligibility is determined as long as
assistance continues without interruption.
Sec. 41. Minnesota Statutes 1990, section 256D.051,
subdivision 6, is amended to read:
Subd. 6. [SERVICE COSTS.] The commissioner shall reimburse
92 percent of county agency expenditures for providing work
readiness services including direct participation expenses and
administrative costs, except as provided in section 256.017; and
reimbursement from the state appropriation must not exceed an
average of $260 each year 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. Beginning July 1, 1991, the state will
reimburse counties, up to the limit of state appropriations,
according to the payment schedule in section 256.025 for the
county share of costs incurred under this subdivision from
January 1, 1991, on. State work readiness funds shall be used
only to pay the county agency's and work readiness service
provider's actual costs of providing participant support
services, direct program services, and program administrative
costs for persons who participate in work readiness services.
Beginning January 1, 1991, the average reimbursable cost per
recipient must not exceed $283 annually. Beginning July 1,
1991, the average annual reimbursable cost for providing work
readiness services to a recipient for whom an individualized
employability development plan is not completed must not exceed
$60 for the work readiness services, and $223 for necessary
recipient support services such as transportation or child care
needed to participate in work readiness services. If an
individualized employability development plan has been
completed, the annual reimbursable cost for providing work
readiness services must not exceed $283 for all services and
costs necessary to implement the plan, including the costs of
training, employment search assistance, placement, work
experience, on-the-job training, other appropriate activities,
the administrative and program costs incurred in providing these
services, and necessary recipient support services such as
tools, clothing, and transportation needed to participate in
work readiness services. Beginning July 1, 1991, the state will
reimburse counties, up to the limit of state appropriations,
according to the payment schedule in section 256.025 for the
county share of costs incurred under this subdivision on or
after January 1, 1991. Payment to counties under this
subdivision is subject to the provisions of section
256.017. After paying direct expenses as needed by individual
registrants, the county agency may use any remaining money to
provide additional services as needed by any registrant
including employability assessments and employability
development plans, education, orientation, employment search
assistance, placement, other work experience, on-the-job
training, and other appropriate activities and the
administrative costs incurred providing these services.
Sec. 42. Minnesota Statutes 1990, section 256D.051,
subdivision 8, is amended to read:
Subd. 8. [VOLUNTARY QUIT.] A person who is required to
participate in work readiness services is not eligible for
general assistance or work readiness payments or services if,
without good cause, the person refuses a legitimate offer of, or
quits, suitable employment within 60 days before the date of
application. A person who is required to participate in work
readiness services and, without good cause, voluntarily quits
suitable employment or refuses a legitimate offer of suitable
employment while receiving general assistance or work readiness
payments or services shall be terminated from the general
assistance or work readiness program and disqualified for two
months according to rules adopted by the commissioner as
specified in subdivision 1a.
Sec. 43. Minnesota Statutes 1990, section 256D.052,
subdivision 3, is amended to read:
Subd. 3. [SERVICES PROVIDED.] Within the limits of the
state appropriation the county agency must provide child care
and transportation to enable people to participate in literacy
training under this section. The state shall reimburse county
agencies for the costs of providing transportation under this
section up to the amount of the state appropriation. Counties
must make every effort to ensure that child care is available as
needed by recipients who are pursuing literacy training.
Sec. 44. Minnesota Statutes 1990, section 256D.052,
subdivision 4, is amended to read:
Subd. 4. [PAYMENT OF WORK READINESS.] The county agency
must provide assistance under section 256D.051 to persons 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; or
(2) are not assigned to literacy training because there is
no program available or accessible to them.
Notwithstanding contrary provisions of section 256D.051,
subdivision 1, a person eligible for assistance under this
section is eligible for assistance for a maximum period of seven
consecutive calendar months during any 12 consecutive calendar
month period, subject to section 256D.051, subdivision 1,
paragraph (d). Work readiness payments may be terminated for
persons who fail to attend the orientation and participate in
the assessment and development of the employment development
plan.
Sec. 45. [256D.065] [GENERAL ASSISTANCE AND WORK READINESS
PAYMENTS FOR NEW RESIDENTS.]
Notwithstanding any other provisions of sections 256D.01 to
256D.21, otherwise eligible applicants without minor children,
who have been residing in the state less than six months, shall
be granted general assistance and work readiness payments in an
amount that, when added to the nonexempt income actually
available to the applicant, shall equal 60 percent of the amount
that the applicant would be eligible to receive under section
256D.06, subdivision 1. A person may receive benefits in excess
of this amount, equal to the lesser of the benefits actually
received in the last state of residence or the maximum benefits
allowable under section 256D.06, subdivision 1. To receive the
higher benefit amount, the person must provide verification of
the amount of assistance received in the last state of
residence. Nonexempt income is the income considered available
under Minnesota Rules, parts 9500.1200 to 9500.1270.
Sec. 46. Minnesota Statutes 1990, section 256D.07, is
amended to read:
256D.07 [TIME OF PAYMENT OF ASSISTANCE.]
An applicant for general assistance or general assistance
medical care authorized by section 256D.03, subdivision 3, shall
be deemed eligible if the application and the verification of
the statement on that application demonstrate that the applicant
is within the eligibility criteria established by sections
256D.01 to 256D.21 and any applicable rules of the
commissioner. Any person requesting general assistance or
general assistance medical care shall be permitted by the county
agency to make an application for assistance as soon as
administratively possible and in no event later than the fourth
day following the date on which assistance is first requested,
and no county agency shall require that a person requesting
assistance appear at the offices of the county agency more than
once prior to the date on which the person is permitted to make
the application. The application shall be in writing in the
manner and upon the form prescribed by the commissioner and
attested to by the oath of the applicant or in lieu thereof
shall contain the following declaration which shall be signed by
the applicant: "I declare that this application has been
examined by me and to the best of my knowledge and belief is a
true and correct statement of every material point." On the
date that general assistance is first requested, the county
agency shall inquire and determine whether the person requesting
assistance is in immediate need of food, shelter, clothing,
assistance for necessary transportation, or other emergency
assistance pursuant to section 256D.06, subdivision 2. A person
in need of emergency assistance shall be granted emergency
assistance immediately, and necessary emergency assistance shall
continue until either the person is determined to be ineligible
for general assistance or the first grant of general assistance
is paid to the person for up to 30 days following the date of
application. A determination of an applicant's eligibility for
general assistance shall be made by the county agency as soon as
the required verifications are received by the county agency and
in no event later than 30 days following the date that the
application is made. Any verifications required of the
applicant shall be reasonable, and the commissioner shall by
rule establish reasonable verifications. General assistance
shall be granted to an eligible applicant without the necessity
of first securing action by the board of the county agency. The
first month's grant must be computed to cover the time period
starting with the date a signed application form is received by
the county agency or from the date that the applicant meets all
eligibility factors, whichever occurs later. The first grant
may be reduced by the amount of emergency general assistance
provided to the applicant.
If upon verification and due investigation it appears that
the applicant provided false information and the false
information materially affected the applicant's eligibility for
general assistance or general assistance medical care provided
pursuant to section 256D.03, subdivision 3, or the amount of the
applicant's general assistance grant, the county agency may
refer the matter to the county attorney. The county attorney
may commence a criminal prosecution or a civil action for the
recovery of any general assistance wrongfully received, or both.
Sec. 47. Minnesota Statutes 1990, section 256D.10, is
amended to read:
256D.10 [HEARINGS PRIOR TO REDUCTION; TERMINATION;
SUSPENSION OF GENERAL ASSISTANCE GRANTS.]
No grant of general assistance except one made pursuant to
sections section 256D.06, subdivision 2; 256D.051, subdivisions
1, paragraph (d), and 1a, paragraph (b); or 256D.08, subdivision
2, shall be reduced, terminated or suspended unless the
recipient receives notice and is afforded an opportunity to be
heard prior to any action by the county agency.
Nothing herein shall deprive a recipient of the right to
full administrative and judicial review of an order or
determination of a county agency as provided for in section
256.045 subsequent to any action taken by a county agency after
a prior hearing.
Sec. 48. Minnesota Statutes 1990, section 256D.101,
subdivision 1, is amended to read:
Subdivision 1. [NOTICE REQUIREMENTS.] (a) At the time a
registrant is registered for the work readiness program, and at
least every 30 days on the first day of each month of services
after that, the county agency shall provide, in advance, a
clear, written description of the specific tasks and assigned
duties the registrant which the mandatory registrant must
complete to receive general assistance or work readiness pay.
The notice must explain that the registrant will be terminated
from the work readiness program unless the registrant has
completed the specific tasks and assigned duties. The notice
must inform the registrant that at the end of the month if the
registrant fails without good cause to comply with work
readiness requirements more than once every six months, the
registrant will be terminated from the work readiness program
and disqualified from receiving assistance for one month if it
is the registrant's first disqualification within the preceding
six months, or for two months if the registrant has been
previously disqualified within the preceding six months, and
must include the name, location, and telephone number of a
person or persons the registrant may contact to discuss the
registrant's work readiness compliance obligations.
(b) If after the initial certification period the county
agency determines that a registrant has failed to comply with
work readiness requirements, the county agency shall notify the
registrant of the determination. Notice must be hand delivered
or mailed to the registrant within three days after the agency
makes the determination but no later than the date work
readiness pay was scheduled to be paid. For a recipient who has
failed to provide the county agency with a mailing address, the
recipient must be assigned a schedule by which a recipient is to
visit the agency to pick up any notices. For a recipient
without a mailing address, notices must be deemed delivered on
the date of the registrant's next scheduled visit with the
county agency. The notification shall be in writing and shall
state the facts that support the county agency's determination.
For the first time in a six-month period that the registrant has
failed without good cause to comply with program requirements,
the notification shall inform the registrant that the registrant
may lose eligibility for work readiness pay and must specify the
particular actions that must be taken by the registrant to
achieve compliance and reinstate work readiness payments. The
notice must state that the recipient must take the specified
actions by a date certain, which must be at least five working
days following the date the notification is mailed or delivered
to the registrant; must explain the ramifications of the
registrant's failure to take the required actions by the
specified date; and must advise the registrant that the
registrant may request and have a conference with the county
agency to discuss the notification. A registrant who fails
without good cause to comply with requirements of the program
more than once in a six-month period must be notified of
termination.
Sec. 49. Minnesota Statutes 1990, section 256D.101,
subdivision 3, is amended to read:
Subd. 3. [BENEFITS AFTER NOTIFICATION.] Assistance
payments otherwise due to the registrant under section 256D.051
may 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 termination, benefits otherwise due to the
registrant shall be continued pending the outcome of the
appeal. An appeal of a proposed termination shall be brought
under section 256.045, except that the timelines specified in
this section shall apply, notwithstanding the requirements of
section 256.045, subdivision 3. Appeals of proposed
terminations from the work readiness program shall be heard
within 30 days of the date that the appeal was filed.
Sec. 50. Minnesota Statutes 1990, section 256D.111, is
amended to read:
256D.111 [REGISTRATION FOR WORK; DISQUALIFICATION
TERMINATION.]
Subd. 5. [RULEMAKING.] The commissioner shall adopt rules
and is authorized to adopt emergency rules:
(a) providing for the disqualification termination from the
receipt of general assistance or work readiness assistance for a
recipient who has been determined to have failed to comply with
work requirements or the requirements of the work readiness
program;
(b) providing for the use of vouchers or vendor payments
with respect to the family of a disqualified recipient
terminated for failure to comply with requirements of the work
readiness program; and
(c) providing that at the time of the approval of an
application for assistance, the county agency gives to the
recipient a written notice in plain and easily understood
language describing the recipient's job registration, search,
and acceptance obligations, and the disqualification that will
be imposed for a failure to comply with those obligations.
Sec. 51. Minnesota Statutes 1990, section 256D.36,
subdivision 1, is amended to read:
Subdivision 1. [STATE PARTICIPATION.] (a) [ELIGIBILITY.]
Commencing January 1, 1974, the commissioner shall certify to
each county agency the names of all county residents who were
eligible for and did receive aid during December, 1973, pursuant
to a categorical aid program of old age assistance, aid to the
blind, or aid to the disabled. The amount of supplemental aid
for each individual eligible under this section shall be
calculated according to the formula in title II, section 212(a)
(3) of Public Law Number 93-66, as amended.
(b) [DIVISION COSTS.] From and after January 1, 1980,
until January 1, 1981, the state shall pay 70 percent and the
county shall pay 30 percent of the supplemental aid calculated
for each county resident certified under this section who is an
applicant for or recipient of supplemental security income.
After December 31, 1980, the state share of aid paid shall be 85
percent and the county share shall be 15 percent. The amount of
supplemental aid for each individual eligible under this section
shall be calculated according to the formula in title II,
section 212 (a) (3) of Public Law Number 93-66, as amended.
Benefits shall be issued to recipients by the state or county
and funded according to section 256.025, subdivision 3, subject
to provisions of section 256.017.
Beginning July 1, 1991, the state will reimburse counties
according to the payment schedule in section 256.025 for the
county share of county agency expenditures for financial
benefits to individuals under this subdivision from January 1,
1991, on. Payment to counties under this subdivision is subject
to the provisions of section 256.017.
Sec. 52. Minnesota Statutes 1990, section 256H.02, is
amended to read:
256H.02 [DUTIES OF COMMISSIONER.]
The commissioner shall develop standards for county and
human services boards to provide child care services to enable
eligible families to participate in employment, training, or
education programs. Within the limits of available
appropriations, 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. In the rules adopted under this section, county
and human services boards shall be authorized to establish
policies for payment of child care spaces for absent children,
when the payment is required by the child's regular provider.
The rules shall not set a maximum number of days for which
absence payments can be made, but instead shall direct the
county agency to set limits and pay for absences according to
the prevailing market practice in the county. County policies
for payment of absences shall be subject to the approval of the
commissioner. The commissioner shall maximize the use of
federal money under the AFDC employment special needs program in
section 256.736, subdivision 8, and other programs that provide
federal reimbursement for child care services for recipients of
aid to families with dependent children who are in education,
training, job search, or other activities allowed under those
programs. Money appropriated under this section must be
coordinated with the AFDC employment special needs program and
other programs that provide federal reimbursement for child care
services 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 or other programs that provide
federal reimbursement for child care services. The counties
shall use the federal money to expand child care services to
AFDC recipients. The commissioner may adopt rules under chapter
14 to implement and coordinate federal program requirements.
Sec. 53. Minnesota Statutes 1990, section 256H.03, is
amended to read:
256H.03 [BASIC SLIDING FEE PROGRAM.]
Subdivision 1. [COUNTIES ALLOCATION PERIOD; NOTICE OF
ALLOCATION.] When the commissioner notifies county and human
service boards of the forms and instructions they are to follow
in the development of their biennial community social services
plans required under section 256E.08, the commissioner shall
also notify county and human services boards of their estimated
child care fund program allocation for the two years covered by
the plan. By June 1 of each year, the commissioner shall notify
all counties of their final child care fund program allocation.
Subd. 1a. [WAITING LIST.] Each county that receives funds
under this section and section 256H.05 must keep a written
record and report to the commissioner the number of eligible
families who have applied for a child care subsidy or have
requested child care assistance. Counties shall perform a
cursory determination of eligibility when a family requests
information about child care assistance. A family that appears
to be eligible must be put on a waiting list if funds are not
immediately available. The waiting list must identify students
in need of child care. When money is available counties shall
expedite the processing of student applications during key
enrollment periods.
Subd. 2. [ALLOCATION; LIMITATIONS.] From July 1, 1991,
through June 30, 1992, the commissioner shall allocate the money
appropriated under the child care fund for the basic sliding fee
program and shall allocate those funds between the metropolitan
area, comprising the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington, and the area outside
the metropolitan area as follows:
(1) 50 percent of the money shall be allocated among the
counties on the basis of the number of families below the
poverty level, as determined from the most recent census or
special census; and
(2) 50 percent of the money shall be allocated among the
counties on the basis of the counties' portion of the AFDC
caseload for the preceding state fiscal year.
If, under the preceding formula, either the seven-county
metropolitan area consisting of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, and Washington counties or the area consisting of
counties outside the seven-county metropolitan area is allocated
more than 55 percent of the basic sliding fee funds, each
county's allocation in that area shall be proportionally reduced
until the total for the area is no more than 55 percent of the
basic sliding fee funds. The amount of the allocations
proportionally reduced shall be used to proportionally increase
each county's allocation in the other area.
Subd. 2a. [ELIGIBLE RECIPIENTS.] Families that meet the
eligibility requirements under sections 256H.10, except AFDC
recipients and transition year families, and 256H.11 are
eligible for child care assistance under the basic sliding fee
program. From July 1, 1990, to June 30, 1991, a county may not
accept new applications for the basic sliding fee program unless
the county can demonstrate that its state money expenditures for
the basic sliding fee program for this period will not exceed 95
percent of the county's allocation of state money for the fiscal
year ending June 30, 1990. As basic sliding fee program money
becomes available to serve new families, eligible families whose
benefits were terminated during the fiscal year ending June 30,
1990, for reasons other than loss of eligibility shall be
reinstated. Families enrolled in the basic sliding fee program
as of July 1, 1990, shall be continued until they are no longer
eligible. Counties shall make vendor payments to the child care
provider or pay the parent directly for eligible child care
expenses on a reimbursement basis.
Subd. 2b. [FUNDING PRIORITY.] (a) First priority for child
care assistance under the basic sliding fee program must be
given to eligible non-AFDC families who do not have a high
school or general equivalency diploma or who need remedial and
basic skill courses in order to pursue employment or to pursue
education leading to employment. Within this priority, the
following subpriorities must be used:
(1) child care needs of minor parents;
(2) child care needs of parents under 21 years of age; and
(3) child care needs of other parents within the priority
group described in this paragraph.
(b) Second priority must be given to all other parents who
are eligible for the basic sliding fee program have completed
their AFDC transition year.
Subd. 3. [REVIEW OF USE OF FUNDS; REALLOCATION.] After
each quarter, the commissioner shall review the use of basic
sliding fee program and AFDC child care program allocations by
county. The commissioner may reallocate unexpended or
unencumbered money among those counties who have expended their
full allocation. Any unexpended money from the first year of
the biennium may be carried forward to the second year of the
biennium.
Subd. 4. [ALLOCATION FORMULA.] Beginning July 1, 1992, the
basic sliding fee funds shall be allocated according to the
following formula:
(a) One-half of the funds shall be allocated in proportion
to each county's total expenditures for the basic sliding fee
child care program reported during the 12-month period ending on
December 31 of the preceding state fiscal year.
(b) One-fourth of the funds shall be allocated based on the
number of children under age 13 in each county who are enrolled
in general assistance medical care, medical assistance, and the
children's health plan on July 1, of each year.
(c) One-fourth of the funds shall be allocated based on the
number of children under age 13 who reside in each county, from
the most recent estimates of the state demographer.
Subd. 5. [FORMULA LIMITATION.] The amounts computed under
subdivision 4 shall be subject to the following limitation. No
county shall be allocated an amount less than its guaranteed
floor as provided in subdivision 6. If the amount allocated to
a county under subdivision 4 would be less that its guaranteed
floor, the shortage shall be recovered proportionally from all
counties which would be allocated more than their guaranteed
floor.
Subd. 6. [GUARANTEED FLOOR.] (a) Each county's guaranteed
floor shall equal the lesser of:
(1) the county's original allocation in the preceding state
fiscal year; or
(2) 110 percent of the county's basic sliding fee child
care program state earnings for the 12-month period ending on
December 31 of the preceding state fiscal year. For purposes of
this clause, "state earnings" means the reported nonfederal
share of direct child care expenditures adjusted for the 15
percent required county match and seven percent administration
limit.
(b) When the amount of funds available for allocation is
less than the amount available in the previous year, each
county's previous year allocation shall be reduced in proportion
to the reduction in the statewide funding, for the purpose of
establishing the guaranteed floor.
Sec. 54. [256H.035] [FEDERAL AT-RISK CHILD CARE PROGRAM.]
Subdivision 1. [COMMISSIONER TO ADMINISTER PROGRAM.] The
commissioner of human services is authorized and directed to
receive, administer, and expend funds available under the
at-risk child care program under Public Law Number 101-508 (1).
Subd. 2. [RULEMAKING AUTHORITY.] The commissioner may
adopt rules under chapter 14 to administer the at-risk child
care program.
Sec. 55. Minnesota Statutes 1990, section 256H.05, is
amended to read:
256H.05 [AFDC CHILD CARE PROGRAM.]
Subd. 1b. [ELIGIBLE RECIPIENTS.] Families eligible for
guaranteed child care assistance under the AFDC child care
program are:
(1) persons receiving services under section 256.736;
(2) AFDC recipients who are employed; and
(3) persons who are members of transition year families
under section 256H.01, subdivision 16; and
(4) members of the control group for the STRIDE evaluation
conducted by the Manpower Demonstration Research Corporation.
Subd. 1c. [FUNDING WAITING LIST PRIORITY.] AFDC recipients
must be put on a waiting list for the basic sliding fee program
when they leave AFDC due to their earned income.
Subd. 2. [COOPERATION WITH OTHER PROGRAMS.] 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 all AFDC
recipients who receive services under section 256.736. 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 be guaranteed child care assistance from the
county responsible for the current employability development
plan.
Subd. 3. [CONTRACTS; OTHER USES ALLOWED.] 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.
Subd. 5. [FEDERAL REIMBURSEMENT.] Counties shall maximize
their federal reimbursement under Public Law Number 100-485 or
other federal reimbursement programs for money spent for persons
listed in this section eligible under this chapter. The
commissioner shall allocate any federal earnings to the county
to be used to expand child care services under these sections
this chapter.
Sec. 56. [256H.055] [FEDERAL CHILD CARE AND DEVELOPMENT
BLOCK GRANT.]
Subdivision 1. [COMMISSIONER TO ADMINISTER BLOCK
GRANT.] The commissioner of human services is authorized and
directed to receive, administer, and expend child care funds
available under the child care and development block grant
authorized under Public Number 101-508 (2).
Subd. 2. [RULEMAKING AUTHORITY.] The commissioner may
adopt rules under chapter 14 to administer the child care
development block grant program.
Sec. 57. Minnesota Statutes 1990, section 256H.08, is
amended to read:
256H.08 [USE OF MONEY.]
Money for persons listed in sections 256H.03, subdivision
2a, and 256H.05, subdivision 1b, 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. Counties may not
limit the duration of child care subsidies for a person in an
employment or educational program, except when the person is
found to be ineligible under the child care fund eligibility
standards. Any limitation must be based on a person's
employability plan in the case of an AFDC recipient, and county
policies included in the child care allocation plan. Time
limitations for child care assistance, as specified in Minnesota
Rules, parts 9565.5000 to 9565.5200, do not apply to basic or
remedial educational programs needed to prepare for
post-secondary education or employment. These programs
include: high school, general equivalency diploma, and English
as a second language. Programs exempt from this time limit must
not run concurrently with a post-secondary program. Financially
eligible students who have received child care assistance for
one academic year shall be provided child care assistance in the
following academic year if funds allocated under sections
256H.03 and 256H.05 are available. If an AFDC recipient who is
receiving AFDC child care assistance under this chapter moves to
another county as authorized in their employability plan,
continues to participate in educational or training programs
authorized in their employability development plans, and
continues to be eligible for AFDC child care assistance under
this chapter, the AFDC caretaker must receive continued child
care assistance from the county responsible for their current
employability development plan, without interruption.
Sec. 58. Minnesota Statutes 1990, section 256H.15,
subdivision 1, is amended to read:
Subdivision 1. [SUBSIDY RESTRICTIONS.] (a) Until June 30,
1991, the maximum child care rate is determined under this
paragraph. The county board may limit the subsidy allowed by
setting a maximum on the provider child care rate that the
county shall subsidize. The maximum rate set by any county
shall not be lower than 110 percent or higher than 125 percent
of the median rate in that county for like care arrangements for
all types of care, including special needs and handicapped care,
as determined by the commissioner. If the county sets a maximum
rate, it must pay the provider's rate for each child receiving a
subsidy, up to the maximum rate set by the county. If a county
does not set a maximum provider rate, it shall pay the
provider's rate for every child in care. The maximum state
payment is 125 percent of the median provider rate. If the
county has not set a maximum provider rate and the provider rate
is greater than 125 percent of the median provider rate in the
county, the county shall pay the amount in excess of 125 percent
of the median provider rate from county funding sources. The
county shall pay the provider's full charges for every child in
care up to the maximum established. The commissioner shall
determine the maximum rate for each type of care, including
special needs and handicapped care.
(b) Effective July 1, 1991, the maximum rate paid for child
care assistance under the child care fund is the maximum rate
eligible for federal reimbursement except as that a provider
receiving reimbursement under paragraph (a) as of January 1,
1991, shall be paid at a rate no less than the rate of
reimbursement received under that paragraph. A rate which
includes a provider bonus paid under subdivision 2 or a special
needs rate paid under subdivision 3 may be in excess of the
maximum rate allowed under this subdivision 2. The department
of human services shall monitor the effect of this paragraph on
provider rates. The county shall pay the provider's full
charges for every child in care up to the maximum established.
The commissioner shall determine the maximum rate for each type
of care, including special needs and handicapped care.
(c) When the provider charge is greater than the maximum
provider rate allowed, the parent is responsible for payment of
the difference in the rates in addition to any family copayment
fee.
Sec. 59. Minnesota Statutes 1990, section 256H.15,
subdivision 2, is amended to read:
Subd. 2. [PROVIDER RATE BONUS FOR ACCREDITATION.]
Currently accredited child care centers shall be paid a ten
percent bonus above the maximum rate established in subdivision
1, up to the actual provider rate. A family day care provider
shall be paid a ten percent bonus above the maximum rate
established in subdivision 1, if the provider holds a current
early childhood development credential approved by the
commissioner, up to the actual provider rate. For purposes of
this subdivision, "accredited" means accredited by the National
Association for the Education of Young Children.
Sec. 60. Minnesota Statutes 1990, section 256H.15, is
amended by adding a subdivision to read:
Subd. 4. [RATES CHARGED TO PUBLICLY SUBSIDIZED
FAMILIES.] Child care providers receiving reimbursement under
chapter 256H may not charge a rate to clients receiving
assistance under chapter 256H that is higher than the private,
full-paying client rate.
Sec. 61. Minnesota Statutes 1990, section 256H.18, is
amended to read:
256H.18 [ADMINISTRATIVE EXPENSES.]
A county may not use more than The commissioner shall use
up to seven percent of its allocation the state funds
appropriated for the Basic Sliding Fee program for payments to
counties for administrative expenses under the basic sliding fee
program. The commissioner shall use up to ten percent of
federal funds for payments to counties for administrative
expenses.
Sec. 62. [256H.195] [MINNESOTA EARLY CHILDHOOD CARE AND
EDUCATION COUNCIL.]
Subdivision 1. [ESTABLISHMENT; MEMBERS.] The Minnesota
early childhood care and education council shall consist of 19
members appointed by the governor. Members must represent the
following groups and organizations: parents, family child care
providers, child care center providers, private foundations,
corporate executives, small business owners, and public school
districts. The council membership also includes the
commissioners of human services, jobs and training, education,
and health; a representative of the higher education
coordinating board; a representative of the Minnesota headstart
association; representatives of two Minnesota counties; three
members from child care resource and referral programs, one of
whom shall be from a county-operated resource and referral, one
of whom shall be from a rural location, and one of whom shall be
from the metropolitan area; and a community group
representative. The governor shall consult with the councils
established under sections 3.922, 3.9223, 3.9225, and 3.9226,
representing the communities of color, to ensure that membership
of the council is representative of all racial minority groups.
In addition to the 19 members appointed by the governor, two
members of the senate shall be appointed by the president of the
senate and two members of the house of representatives shall be
appointed by the speaker of the house to serve as ex officio
members of the council. Membership terms, compensation, and
removal of members are governed by section 15.059, except that
the council shall not expire as required by that section.
Subd. 2. [EXECUTIVE DIRECTOR; STAFF.] The council shall
select an executive director of the council by a vote of a
majority of all council members. The executive director is in
the unclassified service and shall provide administrative
support for the council and provide administrative leadership to
implement council mandates, policies, and objectives. The
executive director shall employ and direct other staff.
Subd. 3. [DUTIES AND POWERS.] The council has the
following duties and powers:
(1) develop a biennial plan for early childhood care and
education in the state;
(2) take a leadership role in developing its
recommendations in conjunction with the recommendations of other
state agencies on the state budget for early childhood care and
education;
(3) apply for and receive state money and public and
private grant money;
(4) participate in and facilitate the development of
interagency agreements on early childhood care and education
issues;
(5) review state agency policies on early childhood care
and education issues so that they do not conflict;
(6) advocate for an effective and coordinated early
childhood care and education system with state agencies and
programs;
(7) study the need for child care funding for special
populations whose needs are not being met by current programs;
(8) ensure that the early childhood care and education
system reflects community diversity;
(9) be responsible for advocating policies and funding for
early childhood care and education; and
(10) provide a report to the legislature on January 1 of
every odd-numbered year, containing a description of the
activities and the work plan of the council and any legislative
recommendations developed by the council.
Sec. 63. [256H.196] [REGIONAL CHILD CARE RESOURCE AND
REFERRAL PROGRAMS.]
Subdivision 1. [ESTABLISHMENT.] Existing child care
resource and referral programs shall become the regional child
care resource and referral programs provided they are in
compliance with other provisions of this chapter.
Subd. 2. [DUTIES.] The regional resource and referral
program shall have the duties specified in section 256H.20. In
addition, the regional program shall be responsible for
establishing new or collaborating with existing community-based
committees such as interagency early intervention committees or
neighborhood groups to advocate for child care needs in the
community as well as serve as important local resources for
children and their families.
Sec. 64. Minnesota Statutes 1990, section 256H.20,
subdivision 3a, is amended to read:
Subd. 3a. [GRANT REQUIREMENTS AND PRIORITY.] Priority for
awarding resource and referral grants shall be given in the
following order:
(1) start up resource and referral programs in areas of the
state where they do not exist; and
(2) improve resource and referral programs.
Resource and referral programs shall meet the following
requirements:
(a) Each program shall identify all existing child care
services through information provided by all relevant public and
private agencies in the areas of service, and shall develop a
resource file of the services which shall be maintained and
updated at least quarterly. These services must include family
day care homes; public and private day care programs; full-time
and part-time programs; infant, preschool, and extended care
programs; and programs for school age children.
The resource file must include: the type of program, hours
of program service, ages of children served, fees, location of
the program, eligibility requirements for enrollment, special
needs services, and transportation available to the program.
The file may also include program information and special
program features.
(b) Each resource and referral program shall establish a
referral process which responds to parental need for information
and which fully recognizes confidentiality rights of parents.
The referral process must afford parents maximum access to all
referral information. This access must include telephone
referral available for no less than 20 hours per week.
Each child care resource and referral agency shall
publicize its services through popular media sources, agencies,
employers, and other appropriate methods.
(c) Each resource and referral program shall maintain
ongoing documentation of requests for service. All child care
resource and referral agencies must maintain documentation of
the number of calls and contacts to the child care information
and referral agency or component. A resource and referral
program shall collect and maintain the following information:
(1) ages of children served;
(2) time category of child care request for each child;
(3) special time category, such as nights, weekends, and
swing shift; and
(4) reason that the child care is needed.
(d) Each resource and referral program shall make available
the following information as an educational aid to parents:
(1) information on aspects of evaluating the quality and
suitability of child care services, including licensing
regulation, financial assistance available, child abuse
reporting procedures, appropriate child development information;
(2) information on available parent, early childhood, and
family education programs in the community.
(e) On or after one year of operation a resource and
referral program shall provide technical assistance to employers
and existing and potential providers of all types of child care
services. This assistance shall include:
(1) information on all aspects of initiating new child care
services including licensing, zoning, program and budget
development, and assistance in finding information from other
sources;
(2) information and resources which help existing child
care providers to maximize their ability to serve the children
and parents of their community;
(3) dissemination of information on current public issues
affecting the local and state delivery of child care services;
(4) facilitation of communication between existing child
care providers and child-related services in the community
served;
(5) recruitment of licensed providers; and
(6) options, and the benefits available to employers
utilizing the various options, to expand child care services to
employees.
Services prescribed by this section must be designed to
maximize parental choice in the selection of child care and to
facilitate the maintenance and development of child care
services and resources.
(f) Child care resource and referral information must be
provided to all persons requesting services and to all types of
child care providers and employers.
(g) Public or private entities may apply to the
commissioner for funding. The maximum amount of money which may
be awarded to any entity for the provision of service under this
subdivision is $60,000 per year. A local match of up to 25
percent is required.
Subd. 4. [APPLICATION; RULES.] Applicants for grants under
subdivision 1 shall apply on a form provided by the commissioner.
Applications for grants using funds received by the state
pursuant to subdivision 2 shall include assurances that federal
requirements have been met. The commissioner may
adopt emergency rules and shall adopt permanent rules as
necessary to implement this section.
Sec. 65. Minnesota Statutes 1990, section 256H.21,
subdivision 10, is amended to read:
Subd. 10. [RESOURCE AND REFERRAL PROGRAM.] "Resource and
referral program" means a program that provides information to
parents, including referrals and coordination of community child
care resources for parents and public or private providers of
care. It also means the agency with the duties specified in
sections 256H.196 and 256H.20. Services may include parent
education, technical assistance for providers, staff development
programs, and referrals to social services.
Sec. 66. Minnesota Statutes 1990, section 256H.22,
subdivision 2, is amended to read:
Subd. 2. [DISTRIBUTION OF FUNDS.] (a) The commissioner
shall allocate grant money appropriated for child care service
development among the development regions designated by the
governor under section 462.385, as follows:
(1) 50 percent of the child care service development grant
appropriation shall be allocated to the metropolitan economic
development region; and
(2) 50 percent of the child care service development grant
appropriation shall be allocated to economic development regions
other than the metropolitan economic development region.
(b) The following formulas shall be used to allocate grant
appropriations among the economic development regions:
(1) 50 percent of the funds shall be allocated in
proportion to the ratio of children under 12 years of age in
each economic development region to the total number of children
under 12 years of age in all economic development regions; and
(2) 50 percent of the funds shall be allocated in
proportion to the ratio of children under 12 years of age in
each economic development region to the number of licensed child
care spaces currently available in each economic development
region.
(c) Out of the amount allocated for each economic
development region, the commissioner shall award grants based on
the recommendation of the grant review advisory task force. In
addition, the commissioner shall award no more than 75 percent
of the money either to child care facilities for the purpose of
facility improvement or interim financing or to child care
workers for staff training expenses.
(d) Any funds unobligated may be used by the commissioner
to award grants to proposals that received funding
recommendations by the advisory task force but were not awarded
due to insufficient funds.
(e) The commissioner may allocate grants under this section
for a two-year period and may carry forward funds from the first
year as necessary.
Sec. 67. Minnesota Statutes 1990, section 256H.22, is
amended by adding a subdivision to read:
Subd. 3a. [DISTRIBUTION OF FUNDS FOR CHILD CARE RESOURCE
AND REFERRAL PROGRAMS.] The commissioner shall allocate funds
appropriated for child care resource and referral services
considering the following factors for each economic development
region served by the child care resource and referral agency:
(1) the number of children under 13 years of age needing
child care in the service area;
(2) the geographic area served by the agency;
(3) the ratio of children under 13 years of age needing
care to the number of licensed spaces in the service area;
(4) the number of licensed child care providers and
extended day school age child care programs in the service area;
and
(5) other related factors determined by the commissioner.
Sec. 68. [256H.225] [ASSISTANCE TO CHILD CARE CENTERS AND
PROVIDERS.]
The commissioner shall work with the early childhood care
and education council and with the resource and referral
programs to develop tools to assist child care centers and
family child care providers to obtain accreditation and
certification and to achieve improved pay for child care workers.
Sec. 69. Minnesota Statutes 1990, section 257.57,
subdivision 2, is amended to read:
Subd. 2. 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 (f), 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;
or
(3) for the purpose of declaring the nonexistence of the
father and child relationship presumed under section 257.55,
subdivision 1, paragraph (f), only if the action is brought
within three years after the party bringing the action, or the
party's attorney of record, has been provided the blood test
results.
Sec. 70. Minnesota Statutes 1990, section 260.165, is
amended by adding a subdivision to read:
Subd. 3. [NOTICE TO PARENT OR CUSTODIAN.] Whenever a peace
officer takes a child into custody for shelter care placement
pursuant to subdivision 1; section 260.135, subdivision 5; or
section 260.145, the officer shall give the parent or custodian
of the child a list of names, addresses, and telephone numbers
of social service agencies that offer child welfare services.
If the parent or custodian was not present when the child was
removed from the residence, the list shall be left with an adult
on the premises or left in a conspicuous place on the premises
if no adult is present. If the officer has reason to believe
the parent or custodian is not able to read and understand
English, the officer must provide a list that is written in the
language of the parent or custodian. The list shall be prepared
by the commissioner of human services. The commissioner shall
prepare lists for each county and provide each county with
copies of the list without charge. The list shall be reviewed
annually by the commissioner and updated if it is no longer
accurate. Neither the commissioner nor any peace officer or the
officer's employer shall be liable to any person for mistakes or
omissions in the list. The list does not constitute a promise
that any agency listed will in fact assist the parent or
custodian.
Sec. 71. Minnesota Statutes 1990, section 270A.04,
subdivision 2, is amended to read:
Subd. 2. Any debt owed to a claimant agency shall be
submitted by the agency for collection under the procedure
established by sections 270A.01 to 270A.12 unless (a) an
alternative means of collection is pending and the debtor is
complying with the terms of alternative means of
collection, except that this limitation does not apply to debts
owed resulting from a default in payment of child support or
maintenance, (b) the collection attempt would result in a loss
of federal funds, or (c) the agency is unable to supply the
department with the necessary identifying information required
by subdivision 3 or rules promulgated by the commissioner, or
(d) the debt is barred by section 541.05.
Sec. 72. Minnesota Statutes 1990, section 270A.08,
subdivision 2, is amended to read:
Subd. 2. (a) This written notice shall clearly and with
specificity set forth the basis for the claim to the refund
including the name of the benefit program involved if the debt
arises from a public assistance grant and the dates on which the
debt was incurred and, further, shall advise the debtor of the
claimant agency's intention to request setoff of the refund
against the debt.
(b) The notice will also advise the debtor that any debt
incurred more than six years from the date of the notice to the
commissioner under section 270A.07, except for debts owed
resulting from a default in payment of child support or
maintenance, must not be setoff against a refund and will advise
the debtor of the right to contest the validity of the claim at
a hearing. The debtor must assert this right by written request
to the claimant agency, which request the agency must receive
within 45 days of the mailing date of the original notice or of
the corrected notice, as required by subdivision 1. If the
debtor has not received the notice, the 45 days shall not
commence until the debtor has received actual notice. The
debtor shall have the burden of showing no notice and shall be
entitled to a hearing on the issue of notice as well as on the
merits.
Sec. 73. Minnesota Statutes 1990, 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,
the supervision of the commissioner as specified in section
256.01, 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) A person who commits any of the following acts 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.
Sec. 74. Minnesota Statutes 1990, section 393.07,
subdivision 10a, is amended to read:
Subd. 10a. [EXPEDITED ISSUANCE OF FOOD STAMPS.] The
commissioner of human services shall continually monitor the
expedited issuance of food stamp benefits to ensure that each
county complies with federal regulations and that households
eligible for expedited issuance of food stamps are identified,
processed, and certified within the time frames prescribed in
federal regulations. By July 1 each year the commissioner of
human services shall present a report to the governor and the
legislature regarding its monitoring of expedited issuance and
the degree of compliance with federal regulations on a
county-by-county basis.
County food stamp offices shall screen and issue food
stamps to applicants on the day of application. Applicants who
meet the federal criteria for expedited issuance and have an
immediate need for food assistance shall receive either:
(1) a manual Authorization to Participate (ATP) card; or
(2) the immediate issuance of food stamp coupons.
The local food stamp agency shall conspicuously post in
each food stamp office a notice of the availability of and the
procedure for applying for expedited issuance and verbally
advise each applicant of the availability of the expedited
process.
Sec. 75. Minnesota Statutes 1990, section 518.551,
subdivision 5, is amended to read:
Subd. 5. [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] (a) The
petitioner shall notify the public authority of all proceedings
for dissolution, legal separation, determination of parentage or
for the custody of a child, if either party is receiving aid to
families with dependent children or applies for it subsequent to
the commencement of the proceeding. After receipt of the
notice, the court shall set child support as provided in this
subdivision. The court may order either or both parents owing a
duty of support to a child of the marriage to pay an amount
reasonable or necessary for the child's support, without regard
to marital misconduct. The court shall approve a child support
agreement stipulation of the parties if each party is
represented by independent counsel, unless the agreement is not
in the interest of justice stipulation does not meet the
conditions of paragraph (h). In other cases the court shall
determine and order child support in a specific dollar amount in
accordance with the guidelines and the other factors set forth
in paragraph (b) and any departure therefrom.
The court shall derive a specific dollar amount by
multiplying the obligor's net income by the percentage indicated
by the following guidelines:
Net Income Per Number of Children
Month of Obligor
1 2 3 4 5 6 7 or
more
$400 and Below Order based on the ability of the
obligor to provide support
at these income levels, or at higher
levels, if the obligor has
the earning ability.
$401 - 500 14% 17% 20% 22% 24% 26% 28%
$501 - 550 15% 18% 21% 24% 26% 28% 30%
$551 - 600 16% 19% 22% 25% 28% 30% 32%
$601 - 650 17% 21% 24% 27% 29% 32% 34%
$651 - 700 18% 22% 25% 28% 31% 34% 36%
$701 - 750 19% 23% 27% 30% 33% 36% 38%
$751 - 800 20% 24% 28% 31% 35% 38% 40%
$801 - 850 21% 25% 29% 33% 36% 40% 42%
$851 - 900 22% 27% 31% 34% 38% 41% 44%
$901 - 950 23% 28% 32% 36% 40% 43% 46%
$951 - 1000 24% 29% 34% 38% 41% 45% 48%
$1001- 4000 25% 30% 35% 39% 43% 47% 50%
Guidelines for support for an obligor with a monthly income
of $4,001 or more shall be the same dollar amounts as provided
for in the guidelines for an obligor with a monthly income of
$4,000.
Net Income defined as:
Total monthly
income less *(i) Federal Income Tax
*(ii) State Income Tax
(iii) Social Security
Deductions
(iv) Reasonable
Pension Deductions
*Standard
Deductions apply- (v) Union Dues
use of tax tables (vi) Cost of Dependent Health
recommended Insurance Coverage
(vii) Cost of Individual or Group
Health/Hospitalization
Coverage or an
Amount for Actual
Medical Expenses
(viii) A Child Support or
Maintenance Order that is
Currently Being Paid.
"Net income" does not include:
(1) the income of the obligor's spouse, but does include
in-kind payments received by the obligor in the course of
employment, self-employment, or operation of a business if the
payments reduce the obligor's living expenses; or
(2) compensation received by a party for employment in
excess of a 40-hour work week, provided that:
(a) (i) support is nonetheless ordered in an amount at
least equal to the guidelines amount based on income not
excluded under this clause; and
(b) (ii) the party demonstrates, and the court finds, that:
(i) (A) the excess employment began after the filing of the
petition for dissolution;
(ii) (B) the excess employment reflects an increase in the
work schedule or hours worked over that of the two years
immediately preceding the filing of the petition;
(iii) (C) the excess employment is voluntary and not a
condition of employment;
(iv) (D) the excess employment is in the nature of
additional, part-time or overtime employment compensable by the
hour or fraction of an hour; and
(v) (E) the party's compensation structure has not been
changed for the purpose of affecting a support or maintenance
obligation.
(b) In addition to the child support guidelines, the court
shall take into consideration the following factors in setting
or modifying child support:
(1) all earnings, income, and resources of the parents,
including real and personal property, but excluding income from
excess employment of the obligor or obligee that meets the
criteria of paragraph (a), clause (2)(b) (ii);
(2) the financial needs and resources, physical and
emotional condition, and educational needs of the child or
children to be supported;
(3) the standards of living the child would have enjoyed
had the marriage not been dissolved, but recognizing that the
parents now have separate households;
(4) the amount of the aid to families with dependent
children grant for the child or children;
(5) which parent receives the income taxation dependency
exemption and what financial benefit the parent receives from
it; and
(6) the parents' debts as provided in paragraph (c).
(c) In establishing or modifying a support obligation, the
court may consider debts owed to private creditors, but only if:
(1) the right to support has not been assigned under
section 256.74;
(2) the court determines that the debt was reasonably
incurred for necessary support of the child or parent or for the
necessary generation of income. If the debt was incurred for
the necessary generation of income, the court shall consider
only the amount of debt that is essential to the continuing
generation of income; and
(3) the party requesting a departure produces a sworn
schedule of the debts, with supporting documentation, showing
goods or services purchased, the recipient of them, the amount
of the original debt, the outstanding balance, the monthly
payment, and the number of months until the debt will be fully
paid.
(d) Any schedule prepared under paragraph (c), clause (3),
shall contain a statement that the debt will be fully paid after
the number of months shown in the schedule, barring emergencies
beyond the party's control.
(e) Any further departure below the guidelines that is
based on a consideration of debts owed to private creditors
shall not exceed 18 months in duration, after which the support
shall increase automatically to the level ordered by the court.
Nothing in this section shall be construed to prohibit one or
more step increases in support to reflect debt retirement during
the 18-month period.
(f) Where payment of debt is ordered pursuant to this
section, the payment shall be ordered to be in the nature of
child support.
(d) (g) Nothing shall preclude the court from receiving
evidence on the above factors to determine if the guidelines
should be exceeded or modified in a particular case.
(e) The above guidelines are binding in each case unless
the court makes express findings of fact as to the reason for
departure below or above the guidelines. (h) The guidelines in
this subdivision are a rebuttable presumption and shall be used
in all cases when establishing or modifying child support. If
the court does not deviate from the guidelines, the court shall
make written findings concerning the amount of the obligor's
income used as the basis for the guidelines calculation and any
other significant evidentiary factors affecting the
determination of child support. If the court deviates from the
guidelines, the court shall make written findings giving the
reasons for the deviation and shall specifically address the
criteria in paragraph (b) and how the deviation serves the best
interest of the child. The provisions of this paragraph apply
whether or not the parties are each represented by independent
counsel and have entered into a written agreement. The court
shall review stipulations presented to it for conformity to the
guidelines and the court is not required to conduct a hearing,
but the parties shall provide the documentation of earnings
required under subdivision 5b.
Sec. 76. Minnesota Statutes 1990, section 518.551, is
amended by adding a subdivision to read:
Subd. 5b. [DETERMINATION OF INCOME.] (a) The parties shall
timely serve and file documentation of earnings and income.
When there is a prehearing conference, the court must receive
the documentation of income at least ten days prior to the
prehearing conference. Documentation of earnings and income
also includes, but is not limited to, pay stubs for the most
recent three months, employer statements, or statement of
receipts and expenses if self-employed. Documentation of
earnings and income also includes copies of each parent's most
recent federal tax returns, including W-2 forms, 1099 forms,
unemployment compensation statements, workers' compensation
statements, and all other documents evidencing income as
received that provide verification of income over a longer
period.
(b) If a parent under the jurisdiction of the court does
not appear at a court hearing after proper notice of the time
and place of the hearing, the court shall set income for that
parent based on credible evidence before the court or in
accordance with paragraph (c). Credible evidence may include
documentation of current or recent income, testimony of the
other parent concerning recent earnings and income levels, and
the parent's wage reports filed with the Minnesota department of
jobs and training under section 268.121.
(c) If the court finds that a parent is voluntarily
unemployed or underemployed, child support shall be calculated
based on a determination of imputed income. A parent is not
considered voluntarily unemployed or underemployed upon a
showing by the parent that the unemployment or underemployment:
(1) is temporary and will ultimately lead to an increase in
income; or (2) represents a bona fide career change that
outweighs the adverse effect of that parent's diminished income
on the child. Imputed income means the estimated earning
ability of a parent based on the parent's prior earnings
history, education, and job skills, and on availability of jobs
within the community for an individual with the parent's
qualifications. If the court is unable to determine or estimate
the earning ability of a parent, the court may calculate child
support based on full-time employment of 40 hours per week at
the federal minimum wage or the Minnesota minimum wage,
whichever is higher. If a parent is physically or mentally
incapacitated, it shall be presumed that the parent is not
voluntarily unemployed or underemployed.
Sec. 77. Minnesota Statutes 1990, section 518.551, is
amended by adding a subdivision to read:
Subd. 5c. [CHILD SUPPORT GUIDELINES TO BE REVIEWED EVERY
FOUR YEARS.] No later than 1994 and every four years after that,
the department of human services shall conduct a review of the
child support guidelines.
Sec. 78. Minnesota Statutes 1990, section 518.551, is
amended by adding a subdivision to read:
Subd. 12. [OCCUPATIONAL LICENSE SUSPENSION.] Upon petition
of an obligee or public agency responsible for child support
enforcement, if the court finds that the obligor is or may be
licensed by a licensing board listed in section 214.01 and the
obligor is in arrears in court-ordered child support payments,
the court may direct the licensing board to conduct a hearing
under section 214.101 concerning suspension of the obligor's
license. If the obligor is a licensed attorney, the court may
report the matter to the lawyers professional responsibility
board for appropriate action in accordance with the rules of
professional conduct. The remedy under this subdivision is in
addition to any other enforcement remedy available to the court.
Sec. 79. Minnesota Statutes 1990, section 518.64, is
amended to read:
518.64 [MODIFICATION OF ORDERS OR DECREES.]
Subdivision 1. After an order for maintenance or support
money, temporary or permanent, or for the appointment of
trustees to receive property awarded as maintenance or support
money, the court may from time to time, on petition motion of
either of the parties, a copy of which is served on the public
authority responsible for child support enforcement if payments
are made through it, or on petition motion of the public
authority responsible for support enforcement, modify the order
respecting the amount of maintenance or support money, and the
payment of it, and also respecting the appropriation and payment
of the principal and income of property held in trust, and may
make an order respecting these matters which it might have made
in the original proceeding, except as herein otherwise provided.
Subd. 2. [MODIFICATION.] (a) The terms of a decree an
order 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 or the child or children
that are the subject of these proceedings; (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.
The terms of a current support order shall be rebuttably
presumed to be unreasonable and unfair if the application of the
child support guidelines in section 518.551, subdivision 5, to
the current circumstances of the parties results in a calculated
court order that is at least 20 percent and at least $50 per
month higher or lower than the current support order.
(b) 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:
(1) shall take into consideration the needs of the children
apply section 518.551, subdivision 5, and shall not consider the
financial circumstances of each party's spouse, if any; and
(2) shall not consider compensation received by a party for
employment in excess of a 40-hour work week, provided that the
party demonstrates, and the court finds, that:
(i) the excess employment began after entry of the existing
support order;
(ii) the excess employment is voluntary and not a condition
of employment;
(iii) the excess employment is in the nature of additional,
part-time employment, or overtime employment compensable by the
hour or fractions of an hour;
(iv) the party's compensation structure has not been
changed for the purpose of affecting a support or maintenance
obligation;
(v) in the case of an obligor, current child support
payments are at least equal to the guidelines amount based on
income not excluded under this clause; and
(vi) in the case of an obligor who is in arrears in child
support payments to the obligee, any net income from excess
employment must be used to pay the arrearages until the
arrearages are paid in full.
(c) A modification of support or maintenance may be made
retroactive only with respect to any period during which the
petitioning party has pending a motion for modification but only
from the date of service of notice of the motion on the
responding party and on the public authority if public
assistance is being furnished or the county attorney is the
attorney of record. However, modification may be applied to an
earlier period if the court makes express findings that the
party seeking modification was precluded from serving a motion
by reason of a significant physical or mental disability or, a
material misrepresentation of another party, or fraud upon the
court and that the party seeking modification, when no longer
precluded, promptly served a motion.
(d) 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, including motions under section 518.145,
subdivision 2. 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.
Subd. 3. Unless otherwise agreed in writing or expressly
provided in the decree, the obligation to pay future maintenance
is terminated upon the death of either party or the remarriage
of the party receiving maintenance.
Subd. 4. Unless otherwise agreed in writing or expressly
provided in the decree order, provisions for the support of a
child are terminated by emancipation of the child but not by the
death of a parent obligated to support the child. When a parent
obligated to pay support dies, the amount of support may be
modified, revoked, or commuted to a lump sum payment, to the
extent just and appropriate in the circumstances.
Subd. 5. [FORM.] The department of human services shall
prepare and make available to courts, obligors and persons to
whom child support is owed a form to be submitted by the obligor
or the person to whom child support is owed in support of a
motion for a modification of an order pursuant to this section
or section 256.87 for support or maintenance. The rulemaking
provisions of chapter 14 shall not apply to the preparation of
the form.
Subd. 6. [EXPEDITED PROCEDURE.] (a) The public authority
may seek a modification of the child support order in accordance
with the rules of civil procedure or under the expedited
procedures in this subdivision.
(b) The public authority may serve the following documents
upon the obligor either by certified mail or in the manner
provided for service of a summons under the rules of civil
procedure:
(i) a notice of its application for modification of the
obligor's support order stating the amount and effective date of
the proposed modification which date shall be no sooner than 30
days from the date of service;
(ii) an affidavit setting out the basis for the
modification under subdivision 2, including evidence of the
current income of the parties;
(iii) any other documents the public authority intends to
file with the court in support of the modification;
(iv) the proposed order;
(v) notice to the obligor that if the obligor fails to move
the court and request a hearing on the issue of modification of
the support order within 30 days of service of the notice of
application for modification, the public authority will likely
obtain an order, ex parte, modifying the support order; and
(vi) an explanation to the obligor of how a hearing can be
requested, together with a motion for review form that the
obligor can complete and file with the court to request a
hearing.
(c) If the obligor moves the court for a hearing, any
modification must be stayed until the court has had the
opportunity to determine the issue. Any modification ordered by
the court is effective on the date set out in the notice of
application for modification, but no earlier than 30 days
following the date the obligor was served.
(d) If the obligor fails to move the court for hearing
within 30 days of service of the notice, the public authority
shall file with the court a copy of the notice served on the
obligor as well as all documents served on the obligor, proof of
service, and a proposed order modifying support.
(e) If, following judicial review, the court determines
that the procedures provided for in this subdivision have been
followed and the requested modification is appropriate, the
order shall be signed ex parte and entered.
(f) Failure of the court to enter an order under this
subdivision does not prejudice the right of the public authority
or either party to seek modification in accordance with the
rules of civil procedure.
(g) The supreme court shall develop standard forms for the
notice of application of modification of the support order, the
supporting affidavit, the obligor's responsive motion, and
proposed order granting the modification.
Sec. 80. Minnesota Statutes 1990, section 609.52, is
amended by adding a subdivision to read:
Subd. 4. [WRONGFULLY OBTAINED PUBLIC ASSISTANCE;
CONSIDERATION OF DISQUALIFICATION.] When determining the
sentence for a person convicted of theft by wrongfully obtaining
public assistance, as defined in section 256.98, subdivision 1,
the court shall consider the fact that, under section 256.98,
subdivision 8, the person will be disqualified from receiving
public assistance as a result of the person's conviction.
Sec. 81. [STUDY.]
The commissioner of human services shall monitor the
families who are unable to get child care subsidies through the
basic sliding fee program after completing their year of
transition child care and shall report findings to the
legislature by January 1, 1993. The report shall include, but
not be limited to, the following data on these families: the
total number losing child care and the counties in which they
live, the length of time for each family to reach the top of the
waiting list, the number of families returning to AFDC while
they are waiting for child care, and, if available, the type of
child care arrangements made by families who lost child care
subsidies.
Sec. 82. [REPEALERS; PLAN.]
Subdivision 1. [FAMILY INVESTMENT PLAN.] Minnesota
Statutes 1990, sections 256.032, subdivisions 5 and 9; 256.035,
subdivisions 6 and 7; and 256.036, subdivision 10, are repealed.
Subd. 2. [GENERAL ASSISTANCE WORK READINESS.] Minnesota
Statutes 1990, sections 256D.051, subdivisions 1b, 3c, and 16;
256D.09, subdivision 4; and 256D.101, subdivision 2, are
repealed.
Subd. 3. [CHILD CARE.] Minnesota Statutes 1990, sections
256H.25 and 256H.26; and Laws 1989, chapter 282, article 5,
section 130, are repealed.
Sec. 83. [INSTRUCTION TO THE REVISOR.]
In the next edition of Minnesota Statutes, the revisor of
statutes shall renumber Minnesota Statutes, section 256.035,
subdivision 4, as Minnesota Statutes, section 256.033,
subdivision 1a.
Sec. 84. [FUNDS ALLOCATION; FEDERAL CHILD CARE FUNDS.]
The commissioner shall consult with and consider the
recommendations of the early childhood care and education
council for the use of federal funds received for child care
purposes. After public hearing on the matter, the commissioner
shall develop a state plan for expenditure of the federal funds,
to include allocation of federal funds for the Minnesota early
childhood care and education council for the biennium ending
June 30, 1993. Legislative hearings on the provisions of this
section and sections 17; 32, subdivision 2b; 47 to 49; 52 to 55;
58; 59; 70; and 71 constitute a public hearing as required by
this section and by federal law.
Sec. 85. [EFFECTIVE DATES.]
Subdivision 1. [MINNESOTA FAMILY INVESTMENT
PLAN.] Sections 12 to 21; 82, subdivision 1; and 83 are
effective July 1, 1991, only for purposes of planning and
securing federal waivers. Actual implementation of the program
is delayed until specifically authorized during the biennium
beginning July 1, 1993.
Subd. 2. [PUBLIC ASSISTANCE FRAUD.] Sections 26 and 80 are
effective July 1, 1991, and apply to assistance wrongfully
obtained after that date. Sections 27, subdivision 2; and 29
are effective the day following final enactment.
Subd. 3. [OTHER ASSISTANCE PROVISIONS.] Sections 6 to 10,
22 to 25, 30, 31, and 51 are effective the day after final
enactment, except as indicated in section 9.
Subd. 4. [CHILD SUPPORT.] Sections 4 and 78 are effective
May 1, 1992. Sections 75 and 77 are effective June 1, 1991.
Sections 1 to 3 are effective January 1, 1992.
ARTICLE 6
MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
Section 1. Minnesota Statutes 1990, section 245.461,
subdivision 3, is amended to read:
Subd. 3. [REPORT.] By February 15, 1988, and annually
after that until February 15, 1990 1994, 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. 2. Minnesota Statutes 1990, section 245.461, is
amended by adding a subdivision to read:
Subd. 5. [FUNDING FROM THE FEDERAL GOVERNMENT AND OTHER
SOURCES.] The commissioner shall seek and apply for federal and
other nonstate, nonlocal government funding for the mental
health services specified in sections 245.461 to 245.486, in
order to maximize nonstate, nonlocal dollars for these services.
Sec. 3. Minnesota Statutes 1990, section 245.462,
subdivision 6, is amended to read:
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 adults with serious
and persistent mental illness to function and remain in the
community. A community support services program includes:
(1) client outreach,
(2) medication monitoring,
(3) assistance in independent living skills,
(4) development of employability and work-related
opportunities,
(5) crisis assistance,
(6) psychosocial rehabilitation,
(7) help in applying for government benefits, and
(8) the development, identification, and monitoring of
living arrangements housing support services.
The community support services program must be coordinated
with the case management services specified in section 245.4711.
Sec. 4. Minnesota Statutes 1990, section 245.462,
subdivision 18, is amended to read:
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 who is
licensed under sections 148.171 to 148.285, and who is certified
as a clinical specialist in adult psychiatric and mental health
nursing by the American nurses association or who has a master's
degree in nursing or one of the behavioral sciences or related
fields from an accredited college or university or its
equivalent, 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 licensed as an
independent clinical social worker under section 148B.21,
subdivision 6, or 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.
Sec. 5. Minnesota Statutes 1990, section 245.4711, is
amended by adding a subdivision to read:
Subd. 9. [REVISION OF RULES.] (a) The commissioner, by
July 1, 1992, shall revise existing rules governing case
management services, in order to:
(1) make improvements in rule flexibility;
(2) establish a comprehensive coordination of services;
(3) require case managers to arrange for standardized
assessments of side effects related to the administration of
psychotropic medication;
(4) establish a reasonable caseload limit for case
managers;
(5) provide reimbursement for transportation costs for case
managers; and
(6) review the eligibility criteria for case management
services covered by medical assistance.
(b) Until rule amendments are adopted under paragraph (a),
in-county travel by case managers is reimbursable under the
medical assistance program subject to the six-hour limit on case
management services.
Sec. 6. Minnesota Statutes 1990, section 245.472,
subdivision 2, is amended to read:
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. Persons employed in facilities licensed
under Minnesota Rules, parts 9520.0500 to 9520.0690, in the
capacity of program director as of July 1, 1987, in accordance
with Minnesota Rules, parts 9520.0500 to 9520.0690, may be
allowed to continue providing clinical supervision within a
facility until July 1, 1991, provided they continue to be
employed as a program director in a facility licensed under
Minnesota Rules, parts 9520.0500 to 9520.0690.
Sec. 7. Minnesota Statutes 1990, section 245.472, is
amended by adding a subdivision to read:
Subd. 4. [ADMISSION, CONTINUED STAY, AND DISCHARGE
CRITERIA.] No later than January 1, 1992, the county board shall
ensure that placement decisions for residential services are
based on the clinical needs of the adult. The county board
shall ensure that each entity under contract with the county to
provide residential treatment services has admission, continued
stay, discharge criteria and discharge planning criteria as part
of the contract. Contracts shall specify specific
responsibilities between the county and service providers to
ensure comprehensive planning and continuity of care between
needed services according to data privacy requirements. All
contracts for the provision of residential services must include
provisions guaranteeing clients the right to appeal under
section 245.477 and to be advised of their appeal rights.
Sec. 8. Minnesota Statutes 1990, section 245.473, is
amended by adding a subdivision to read:
Subd. 3. [ADMISSION, CONTINUED STAY, AND DISCHARGE
CRITERIA.] No later than January 1, 1992, the county board shall
ensure that placement decisions for acute care inpatient
services are based on the clinical needs of the adult. The
county board shall ensure that each entity under contract with
the county to provide acute care hospital treatment services has
admission, continued stay, discharge criteria and discharge
planning criteria as part of the contract. Contracts shall
specify specific responsibilities between the county and service
providers to ensure comprehensive planning and continuity of
care between needed services according to data privacy
requirements. All contracts for the provision of acute care
hospital inpatient treatment services must include provisions
guaranteeing clients the right to appeal under section 245.477
and to be advised of their appeal rights.
Sec. 9. Minnesota Statutes 1990, section 245.473, is
amended by adding a subdivision to read:
Subd. 4. [INDIVIDUAL PLACEMENT AGREEMENT.] Except for
services reimbursed under chapters 256B and 256D, the county
board shall enter into an individual placement agreement with a
provider of acute care hospital inpatient treatment services to
an adult eligible for services under this section. The
agreement must specify the payment rate and the terms and
conditions of county payment for the placement.
Sec. 10. Minnesota Statutes 1990, section 245.484, is
amended to read:
245.484 [RULES.]
The commissioner shall adopt emergency rules to govern
implementation of case management services for eligible children
in section 245.4881 and professional home-based family treatment
services for medical assistance eligible children, in section
245.4884, subdivision 3, by January 1, 1992, and must adopt
permanent rules by January 1, 1993.
The commissioner shall adopt permanent rules as necessary
to carry out sections 245.461 to 245.486 and Laws 1989, chapter
282, article 4, sections 1 to 53 245.487 to 245.4887. The
commissioner shall reassign agency staff as necessary to meet
this deadline.
Sec. 11. Minnesota Statutes 1990, section 245.487,
subdivision 4, is amended to read:
Subd. 4. [IMPLEMENTATION.] (a) The commissioner shall
begin implementing sections 245.487 to 245.4887 by February 15,
1990, and shall fully implement sections 245.487 to 245.4887 by
January July 1, 1992 1993.
(b) Annually until February 15, 1992 1994, the commissioner
shall report to the legislature on all steps taken and
recommendations for full implementation of sections 245.487 to
245.4887 and on additional resources needed to further implement
those sections. The report shall include information on county
and state progress in identifying the needs of cultural and
racial minorities and in using special mental health consultants
to meet these needs.
Sec. 12. Minnesota Statutes 1990, section 245.487, is
amended by adding a subdivision to read:
Subd. 6. [FUNDING FROM THE FEDERAL GOVERNMENT AND OTHER
SOURCES.] The commissioner shall seek and apply for federal and
other nonstate, nonlocal government funding for mental health
services specified in sections 245.487 to 245.4887, in order to
maximize nonstate, nonlocal dollars for these services.
Sec. 13. Minnesota Statutes 1990, section 245.4871,
subdivision 27, is amended to read:
Subd. 27. [MENTAL HEALTH PROFESSIONAL.] "Mental health
professional" means a person providing clinical services in the
diagnosis and treatment of children's emotional disorders. A
mental health professional must have training and experience in
working with children consistent with the age group to which the
mental health professional is assigned. A mental health
professional must be qualified in at least one of the following
ways:
(1) in psychiatric nursing, the mental health professional
must be a registered nurse who is licensed under sections
148.171 to 148.285 and who is certified as a clinical specialist
in child and adolescent psychiatric or mental health nursing by
the American nurses association or who has a master's degree in
nursing or one of the behavioral sciences or related fields from
an accredited college or university or its equivalent, 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, the mental health professional
must be a person licensed as an independent clinical social
worker under section 148B.21, subdivision 6, or 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 disorders;
(3) in psychology, the mental health professional must be 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 disorders;
(4) in psychiatry, the mental health professional must be 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, the mental health professional must
be 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
emotional disturbances.
Sec. 14. Minnesota Statutes 1990, section 245.4871,
subdivision 31, is amended to read:
Subd. 31. [PROFESSIONAL HOME-BASED FAMILY TREATMENT.]
"Professional home-based family treatment" means intensive
mental health services provided to children because of an
emotional disturbance (1) who are at risk of out-of-home
placement; (2) who are in out-of-home placement; or (3) who are
returning from out-of-home placement because of an emotional
disturbance. Services are provided to the child and the child's
family primarily in the child's home environment or other
location. Services may also be provided in the child's school,
child care setting, or other community setting appropriate to
the child. Examples of appropriate locations include, but are
not limited to, the child's school, day care center, home, and
any other living arrangement of the child. Services must be
provided on an individual family basis, must be child-oriented
and family-oriented, and must be designed using information from
diagnostic and functional assessments to meet the specific
mental health needs of the child and the child's
family. Examples of services include family and are: (1)
individual therapy and; (2) family therapy; (3) client outreach;
(4) assistance in developing individual living skills training
and; (5) assistance in developing parenting skills necessary to
address the needs of the child; (6) assistance with leisure and
recreational services; (7) crisis assistance, including crisis
respite care and arranging for crisis placement; and (8)
assistance in locating respite and child care. Services must be
coordinated with other service providers services provided to
the child and family.
Sec. 15. Minnesota Statutes 1990, section 245.4871, is
amended by adding a subdivision to read:
Subd. 33a. [SPECIAL MENTAL HEALTH CONSULTANT.] "Special
mental health consultant" is a mental health practitioner or
professional with special expertise in treating children from a
particular cultural or racial minority group.
Sec. 16. Minnesota Statutes 1990, section 245.4873,
subdivision 6, is amended to read:
Subd. 6. [PRIORITIES.] By January 1, 1992, the
commissioner shall require that each of the treatment services
and management activities described in sections 245.487 to
245.4887 be developed for children with emotional disturbances
within available resources based on the following ranked
priorities. The commissioner shall reassign agency staff and
use consultants as necessary to meet this deadline:
(1) the provision of locally available mental health
emergency services;
(2) the provision of locally available mental health
services to all children with severe emotional disturbance;
(3) the provision of early identification and intervention
services to children who are at risk of needing or who need
mental health services;
(4) the provision of specialized mental health services
regionally available to meet the special needs of all children
with severe emotional disturbance, and all children with
emotional disturbances;
(5) the provision of locally available services to children
with emotional disturbances; and
(6) the provision of education and preventive mental health
services.
Sec. 17. Minnesota Statutes 1990, section 245.4874, is
amended to read:
245.4874 [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 children's
mental health service proposal required under section 245.4887,
and approved by the commissioner. The county board must:
(1) develop a system of affordable and locally available
children's mental health services according to sections 245.487
to 245.4887;
(2) assure that parents and providers in the county receive
information about how to gain access to services provided
according to sections 245.487 to 245.4887;
(3) coordinate the delivery of children's mental health
services with services provided by social services, education,
corrections, health, and vocational agencies to improve the
availability of mental health services to children and the cost
effectiveness of their delivery;
(4) assure that mental health services delivered according
to sections 245.487 to 245.4887 are delivered expeditiously and
are appropriate to the child's diagnostic assessment and
individual treatment plan;
(5) provide the community with information about predictors
and symptoms of emotional disturbances and how to access
children's mental health services according to sections 245.4877
and 245.4878;
(6) provide for case management services to each child with
severe emotional disturbance according to sections 245.486;
245.4871, subdivisions 3 and 4; and 245.4881, subdivisions 1, 3,
and 5;
(7) provide for screening of each child under section
245.4885 upon admission to a residential treatment facility,
acute care hospital inpatient treatment, or informal admission
to a regional treatment center;
(8) prudently administer grants and purchase-of-service
contracts that the county board determines are necessary to
fulfill its responsibilities under sections 245.487 to 245.4887;
(9) assure that mental health professionals, mental health
practitioners, and case managers employed by or under contract
to the county to provide mental health services are qualified
under section 245.4871; and
(10) assure that children's mental health services are
coordinated with adult mental health services specified in
sections 245.461 to 245.486 so that a continuum of mental health
services is available to serve persons with mental illness,
regardless of the person's age; and
(11) assure that special mental health consultants are used
as necessary to assist the county board in assessing and
providing appropriate treatment for children of cultural or
racial minority heritage.
Sec. 18. Minnesota Statutes 1990, section 245.4881,
subdivision 1, is amended to read:
Subdivision 1. [AVAILABILITY OF CASE MANAGEMENT SERVICES.]
(a) By July April 1, 1991 1992, the county board shall
provide case management services for each child with severe
emotional disturbance who is a resident of the county and the
child's family who request or consent to the services. Staffing
ratios must be sufficient to serve the needs of the clients.
The case manager must meet the requirements in section 245.4871,
subdivision 4.
(b) Except as permitted by law and the commissioner under
demonstration projects, case management services provided to
children with severe emotional disturbance eligible for medical
assistance must be billed to the medical assistance program
under sections 256B.02, subdivision 8, and 256B.0625.
Sec. 19. Minnesota Statutes 1990, section 245.4882, is
amended by adding a subdivision to read:
Subd. 4. [ADMISSION, CONTINUED STAY, AND DISCHARGE
CRITERIA.] No later than January 1, 1992, the county board shall
ensure that placement decisions for residential treatment
services are based on the clinical needs of the child. The
county board shall ensure that each entity under contract to
provide residential treatment services has admission, continued
stay, discharge criteria and discharge planning criteria as part
of the contract. Contracts shall specify specific
responsibilities between the county and service providers to
ensure comprehensive planning and continuity of care between
needed services according to data privacy requirements. The
county board shall ensure that, at least ten days prior to
discharge, the operator of the residential treatment facility
shall provide written notification of the discharge to the
child's parent or caretaker, the local education agency in which
the child is enrolled, and the receiving education agency to
which the child will be transferred upon discharge. When the
child has an individual education plan, the notice shall include
a copy of the individual education plan. All contracts for the
provision of residential services must include provisions
guaranteeing clients the right to appeal under section 245.4886
and to be advised of their appeal rights.
Sec. 20. Minnesota Statutes 1990, section 245.4882, is
amended by adding a subdivision to read:
Subd. 5. [SPECIALIZED RESIDENTIAL TREATMENT SERVICES.] The
commissioner of human services shall establish or contract for
specialized residential treatment services for children. The
services shall be designed for children with emotional
disturbance who exhibit violent or destructive behavior and for
whom local treatment services are not feasible due to the small
number of children statewide who need the services and the
specialized nature of the services required. The services shall
be located in community settings. If no appropriate services
are available in Minnesota or within the geographical area in
which the residents of the county normally do business, the
commissioner is responsible for 50 percent of the nonfederal
costs of out-of-state treatment of children for whom no
appropriate resources are available in Minnesota. Counties are
eligible to receive enhanced state funding under this section
only if they have established juvenile screening teams under
section 260.151, subdivision 3.
Sec. 21. Minnesota Statutes 1990, section 245.4883, is
amended by adding a subdivision to read:
Subd. 3. [ADMISSION, CONTINUED STAY, AND DISCHARGE
CRITERIA.] No later than January 1, 1992, the county board shall
ensure that placement decisions for acute care hospital
inpatient treatment services are based on the clinical needs of
the child and, if appropriate, the child's family. The county
board shall ensure that each entity under contract with the
county to provide acute care hospital treatment services has
admission, continued stay, discharge criteria and discharge
planning criteria as part of the contract. Contracts should
specify the specific responsibilities between the county and
service providers to ensure comprehensive planning and
continuity of care between needed services according to data
privacy requirements. All contracts for the provision of acute
care hospital inpatient treatment services must include
provisions guaranteeing clients the right to appeal under
section 245.4886 and to be advised of their appeal rights.
Sec. 22. Minnesota Statutes 1990, section 245.4884,
subdivision 1, is amended to read:
Subdivision 1. [AVAILABILITY OF FAMILY COMMUNITY SUPPORT
SERVICES.] By July 1, 1991, county boards must provide or
contract for sufficient family community support services within
the county to meet the needs of each child with severe emotional
disturbance who resides in the county and the child's family.
Children or their parents may be required to pay a fee in
accordance with section 245.481.
Family community support services must be designed to
improve the ability of children with severe emotional
disturbance to:
(1) handle manage basic activities of daily living;
(2) improve functioning function appropriately in home,
school, and community settings;
(3) participate in leisure time or community youth
activities;
(4) set goals and plans;
(5) reside with the family in the community;
(6) participate in after-school and summer activities;
(7) make a smooth transition among mental health and
education services provided to children; and
(8) make a smooth transition into the adult mental health
system as appropriate.
In addition, family community support services must be
designed to improve overall family functioning if clinically
appropriate to the child's needs, and to reduce the need for and
use of placements more intensive, costly, or restrictive both in
the number of admissions and lengths of stay than indicated by
the child's diagnostic assessment.
Sec. 23. Minnesota Statutes 1990, section 245.4885,
subdivision 1, is amended to read:
Subdivision 1. [SCREENING REQUIRED.] The county board
shall, upon prior to admission, except in the case of emergency
admission, screen all children admitted referred for treatment
of severe emotional disturbance 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. The county board shall also screen all children
admitted to an acute care hospital for treatment of severe
emotional disturbance if public funds other than reimbursement
under chapters 256B and 256D are used to pay for the services.
If a child is admitted to a residential treatment facility or
acute care hospital for emergency treatment of emotional
disturbance or held for emergency care by a regional treatment
center under section 253B.05, subdivision 1, screening must
occur within five three working days of admission. Screening
shall determine whether the proposed treatment:
(1) is necessary;
(2) is appropriate to the child's individual treatment
needs;
(3) cannot be effectively provided in the child's home; and
(4) provides a length of stay as short as possible
consistent with the individual child's need.
Screening shall include both a diagnostic assessment and a
functional assessment which evaluates family, school, and
community living situations. If a diagnostic assessment or
functional assessment has been completed by a mental health
professional within 180 days, a new diagnostic or functional
assessment need not be completed unless in the opinion of the
current treating mental health professional the child's mental
health status has changed markedly since the assessment was
completed. The child's parent shall be notified if an
assessment will not be completed and of the reasons. A copy of
the notice shall be placed in the child's file. Recommendations
developed as part of the screening process shall include
specific community services needed by the child and, if
appropriate, the child's family, and shall indicate whether or
not these services are available and accessible to the child and
family.
During the screening process, the child, child's family, or
child's legal representative, as appropriate, must be informed
of the child's eligibility for case management services and
family community support services and that an individual family
community support plan is being developed by the case manager,
if assigned.
Screening shall be in compliance with section 256F.07 or
257.071, whichever applies. Wherever possible, the parent shall
be consulted in the screening process, unless clinically
inappropriate.
The screening process, and placement decision, and
recommendations for mental health services must be documented in
the child's record.
An alternate review process may be approved by the
commissioner if the county board demonstrates that an alternate
review process has been established by the county board and the
times of review, persons responsible for the review, and review
criteria are comparable to the standards in clauses (1)
to (5) (4).
Sec. 24. Minnesota Statutes 1990, section 245.4885,
subdivision 2, is amended to read:
Subd. 2. [QUALIFICATIONS.] No later than July 1, 1991,
screening of children for residential and inpatient services
must be conducted by a mental health professional. Where
appropriate and available, special mental health consultants
must participate in the screening. 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 for mental
health professional participation after July 1, 1991, if the
county documents that:
(1) mental health professionals or mental health
practitioners are unavailable to provide this service; and
(2) services are provided by a designated person with
training in human services who receives clinical supervision
from a mental health professional.
Sec. 25. Minnesota Statutes 1990, section 245.4885, is
amended by adding a subdivision to read:
Subd. 5. [SUMMARY DATA COLLECTION.] The county board shall
annually collect summary information on the number of children
screened, the age and racial or ethnic background of the
children, the presenting problem, and the screening
recommendations. The county shall include information on the
degree to which these recommendations are followed and the
reasons for not following recommendations. Summary data shall
be available to the public and shall be used by the county board
and local children's advisory council to identify needed service
development.
Sec. 26. [245.4888] [CHILDREN'S COMMUNITY-BASED MENTAL
HEALTH FUND.]
Subdivision 1. [STATEWIDE PROGRAM; ESTABLISHMENT.] The
commissioner shall establish a statewide program to assist
counties in providing services to children with severe emotional
disturbance as defined in section 245.4871, subdivision 15, and
their families. Services must be designed to help each child to
function and remain with the child's family in the community.
The commissioner shall make grants to counties to establish,
operate, or contract with private providers to provide the
following services in the following order of priority when these
cannot be reimbursed under section 256B.0625:
(1) family community support services including crisis
placement and crisis respite care as specified in section
245.4871, subdivision 17;
(2) case management services as specified in section
245.4871, subdivision 3;
(3) day treatment services as specified in section
245.4871, subdivision 10;
(4) professional home-based family treatment as specified
in section 245.4871, subdivision 31; and
(5) therapeutic support of foster care as specified in
section 245.4871, subdivision 34.
Funding appropriated beginning July 1, 1991, must be used
by county boards to provide family community support services
and case management services. Additional services shall be
provided in the order of priority as identified in this
subdivision.
Subd. 2. [GRANT APPLICATION AND REPORTING
REQUIREMENTS.] To apply for a grant a county board shall submit
an application and budget for the use of the money in the form
specified by the commissioner. The commissioner shall make
grants only to counties whose applications and budgets are
approved by the commissioner. In awarding grants, the
commissioner shall give priority to those counties whose
applications indicate plans to collaborate in the development,
funding, and delivery of services with other agencies in the
local system of care. The commissioner may adopt emergency and
permanent rules to govern grant applications, approval of
applications, allocation of grants, and maintenance of financial
statements by grant recipients and may establish grant
requirements for the fiscal year ending June 30, 1992, without
adopting rules. The commissioner shall specify requirements for
reports, including quarterly fiscal reports, according to
section 256.01, subdivision 2, paragraph (17). The commissioner
shall require collection of data and periodic reports which the
commissioner deems necessary to demonstrate the effectiveness of
each service in realizing the stated purpose as specified for
family community support in section 245.4884, subdivision 1;
therapeutic support of foster care in section 245.4884,
subdivision 4; professional home-based family treatment in
section 245.4884, subdivision 3; day treatment in section
245.4884, subdivision 2; and case management in section 245.4881.
Sec. 27. Minnesota Statutes 1990, section 245.697,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] A state advisory council on
mental health is created. The council must have 30 members
appointed by the governor in accordance with federal
requirements. The council must be composed of:
(1) the assistant commissioner of mental health for the
department of human services;
(2) a representative of the department of human services
responsible for the medical assistance program;
(3) one member of each of the four core mental health
professional disciplines (psychiatry, psychology, social work,
nursing);
(4) one representative from each of the following advocacy
groups: mental health association of Minnesota, Minnesota
alliance for the mentally ill, and Minnesota mental health law
project;
(5) providers of mental health services;
(6) consumers of mental health services;
(7) family members of persons with mental illnesses;
(8) legislators;
(9) social service agency directors;
(10) county commissioners; and
(11) other members reflecting a broad range of community
interests, as the United States Secretary of Health and Human
Services may prescribe by regulation or as may be selected by
the governor.
The council shall select a chair. Terms, compensation, and
removal of members and filling of vacancies are governed by
section 15.059. The council does not expire as provided in
section 15.059. The commissioner of human services shall
provide staff support and supplies to the council.
Sec. 28. Minnesota Statutes 1990, section 246.18,
subdivision 4, is amended to read:
Subd. 4. [COLLECTIONS DEPOSITED IN MEDICAL ASSISTANCE
ACCOUNT.] Except as provided in subdivision subdivisions 2 and
5, all receipts from collection efforts for the regional
treatment centers, state nursing homes, and other state
facilities as defined in section 246.50, subdivision 3, 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. 29. Minnesota Statutes 1990, section 246.18, is
amended by adding a subdivision to read:
Subd. 5. [FUNDED DEPRECIATION ACCOUNTS FOR STATE-OPERATED,
COMMUNITY-BASED PROGRAMS.] Separate interest-bearing funded
depreciation accounts shall be established in the state treasury
for state-operated, community-based programs meeting the
definition of a facility in Minnesota Rules, part 9553.0020,
subpart 19, or a vendor in section 252.41, subdivision 9. As
payments for state-operated community-based services are
received by the commissioner, the portion of the payment rate
representing allowable depreciation expense and the capital debt
reduction allowance shall be deposited in the state treasury and
credited to the separate interest-bearing accounts as dedicated
receipts with unused funds carried over to the next fiscal
year. Funds within these funded depreciation accounts are
appropriated to the commissioner of human services for the
purchase or replacement of capital assets or payment of
capitalized repairs for each respective program. These accounts
will satisfy the requirements of Minnesota Rules, part
9553.0060, subparts 1, item E, and 5.
Sec. 30. Minnesota Statutes 1990, section 251.011,
subdivision 3, is amended to read:
Subd. 3. [AH-GWAH-CHING NURSING HOME CENTER.] When
tuberculosis treatment is discontinued at Ah-Gwah-Ching that
facility may be used by the commissioner of human services for
the care of geriatric patients, and shall be known as the
Ah-Gwah-Ching Nursing Home Center.
Sec. 31. Minnesota Statutes 1990, section 251.011,
subdivision 4a, is amended to read:
Subd. 4a. [NURSING HOME BEDS AT REGIONAL TREATMENT
CENTERS.] The commissioner shall operate the following number of
nursing home beds at regional treatment centers in addition to
current capacity: at Brainerd, 105 beds; at Cambridge, 70 beds;
and at Fergus Falls, 85 beds. The commissioner may operate
nursing home beds at other regional treatment centers as
necessary to provide an appropriate level of care for persons
served at those centers. The commissioner shall develop the
regional treatment center nursing home beds authorized in the
worksheets of the house appropriations and senate finance
committees. The commissioner shall finance the purchase or
construction of the nursing home beds with the Minnesota housing
finance agency. The commissioner shall make payments through
the department of administration to the Minnesota housing
finance agency in repayment of mortgage loans granted for the
purposes of this section.
Sec. 32. Minnesota Statutes 1990, section 252.27,
subdivision 1a, is amended to read:
Subd. 1a. [DEFINITIONS.] A person has a "related
condition" if that person has a severe, chronic disability that
is meets all of the following conditions: (a) is attributable
to cerebral palsy, epilepsy, autism, Prader-Willi syndrome, or
any other condition, other than mental illness, found to be
closely related to mental retardation because the condition
results in impairment of general intellectual functioning or
adaptive behavior similar to that of persons with mental
retardation or and requires treatment or services similar to
those required for persons with mental retardation; (b) is
manifested before the person reaches 22 years of age; (c) is
likely to continue indefinitely; and (c) (d) results in
substantial functional limitations in three or more of the
following areas of major life activity: (1) self-care, (2)
understanding and use of language, (3) learning, (4) mobility,
(5) self-direction, or (6) capacity for independent living. For
the purposes of this section, a child has an "emotional
handicap" if the child has a psychiatric or other emotional
disorder which substantially impairs the child's mental health
and requires 24-hour treatment or supervision.
Sec. 33. Minnesota Statutes 1990, section 252.27,
subdivision 2a, is amended to read:
Subd. 2a. [CONTRIBUTION AMOUNT.] (a) The natural or
adoptive parents of a minor child, including a child determined
eligible for medical assistance without consideration of
parental income, must contribute monthly to the cost of
services, unless the child is married or has been married,
parental rights have been terminated, or the child's adoption is
subsidized according to section 259.40 or through title IV-E of
the Social Security Act.
(b) The parental contribution equals the following
percentage of that portion of shall be computed by applying to
the adjusted gross income of the natural or adoptive parents
that exceeds 200 percent of the federal poverty guidelines for
the applicable household size, the following schedule of rates:
Adjusted Gross Percentage contribution
Income exceeding 200 percent of poverty
Under $49,999 10
$50,000 to $59,999 12
$60,000 to $74,999 14
$75,000 or more 15
(1) on the amount of adjusted gross income over 200 percent
of poverty, but not over $50,000, ten percent;
(2) on the amount of adjusted gross income over 200 percent
of poverty and over $50,000 but not over $60,000, 12 percent;
(3) on the amount of adjusted gross income over 200 percent
of poverty, and over $60,000 but not over $75,000, 14 percent;
and
(4) on all adjusted gross income amounts over 200 percent
of poverty, and over $75,000, 15 percent.
If the child lives with the parent, the parental
contribution is reduced by $200. If the child resides in an
institution specified in section 256B.35, the parent is
responsible for the personal needs allowance specified under
that section in addition to the parental contribution determined
under this section. The parental contribution is reduced by any
amount required to be paid directly to the child pursuant to a
court order, but only if actually paid.
(c) The household size to be used in determining the amount
of contribution under paragraph (b) includes natural and
adoptive parents and their dependents under age 21, including
the child receiving services. Adjustments in the contribution
amount due to annual changes in the federal poverty guidelines
shall be implemented on the first day of July following
publication of the changes.
(d) For purposes of paragraph (b), "income" means the
adjusted gross income of the natural or adoptive parents
determined according to the previous year's federal tax form.
(e) The contribution shall be explained in writing to the
parents at the time eligibility for services is being
determined. The contribution shall be made on a monthly basis
effective with the first month in which the child receives
services. Annually upon redetermination or at termination of
eligibility, if the contribution exceeded the cost of services
provided, the local agency or the state shall reimburse that
excess amount to the parents, either by direct reimbursement if
the parent is no longer required to pay a contribution, or by a
reduction in or waiver of parental fees until the excess amount
is exhausted.
(f) The monthly contribution amount must be reviewed at
least every 12 months; when there is a change in household size;
and when there is a loss of or gain in income from one month to
another in excess of ten percent. The local agency shall mail a
written notice 30 days in advance of the effective date of a
change in the contribution amount. A decrease in the
contribution amount is effective in the month that the parent
verifies a reduction in income or change in household size.
(g) Parents of a minor child who do not live with each
other shall each pay the contribution required under paragraph
(a), except that a court-ordered child support payment actually
paid on behalf of the child receiving services shall be deducted
from the contribution of the parent making the payment.
(h) The contribution under paragraph (b) shall be increased
by an additional five percent if the local agency determines
that insurance coverage is available but not obtained for the
child. For purposes of this section, "available" means the
insurance is a benefit of employment for a family member at an
annual cost of no more than five percent of the family's annual
income. For purposes of this section, insurance means health
and accident insurance coverage, enrollment in a nonprofit
health service plan, health maintenance organization,
self-insured plan, or preferred provider organization.
Parents who have more than one child receiving services
shall not be required to pay more than the amount for the child
with the highest expenditures. There shall be no resource
contribution from the parents. The parent shall not be required
to pay a contribution in excess of the cost of the services
provided to the child, not counting payments made to school
districts for education-related services. Notice of an increase
in fee payment must be given at least 30 days before the
increased fee is due.
Sec. 34. Minnesota Statutes 1990, section 252.275, is
amended to read:
252.275 [SEMI-INDEPENDENT LIVING SERVICES FOR PERSONS WITH
MENTAL RETARDATION OR RELATED CONDITIONS.]
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, provide support for persons with mental
retardation or related conditions to live as independently as
possible in the community. An objective of the program is to
reduce unnecessary use of intermediate care facilities for
persons with mental retardation or related conditions and home
and community-based services. The commissioner shall make
grants to reimburse county boards to establish, operate, or
contract for the provision of semi-independent living services
licensed by the commissioner pursuant to sections 245A.01 to
245A.16 and 252.28, and for the provision of one-time living
allowances to secure and furnish a home for a person who will
receive semi-independent living services under this section, if
other public funds are not available for the allowance.
For the purposes of this section, "semi-independent living
services" means training and assistance in managing money,
preparing meals, shopping, maintaining personal appearance and
hygiene, and other activities which are needed to maintain and
improve an adult with mental retardation or a related
condition's capability to live in the community. Eligible
persons must be age 18 or older, must need less than a 24-hour
plan of care, and must be unable to function independently
without semi-independent living services.
Semi-independent living services costs and one-time living
allowance costs may be paid directly by the county, or may be
paid by the recipient with a voucher or cash issued by the
county.
Subd. 1a. [SERVICE REQUIREMENTS.] The methods, materials,
and settings used to provide semi-independent living services to
a person must be designed to:
(1) increase the person's independence in performing tasks
and activities by teaching skills that reduce dependence on
caregivers;
(2) provide training in an environment where the skill
being taught is typically used;
(3) increase the person's opportunities to interact with
nondisabled individuals who are not paid caregivers;
(4) increase the person's opportunities to use community
resources and participate in community activities, including
recreational, cultural, and educational resources, stores,
restaurants, religious services, and public transportation;
(5) increase the person's opportunities to develop
decision-making skills and to make informed choices in all
aspects of daily living, including:
(i) selection of service providers;
(ii) goals and methods;
(iii) location and decor of residence;
(iv) roommates;
(v) daily routines;
(vi) leisure activities; and
(vii) personal possessions;
(6) provide daily schedules, routines, environments and
interactions similar to those of nondisabled individuals of the
same chronological age; and
(7) comply with section 245.825, subdivision 1.
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.
Subd. 3. [REIMBURSEMENT.] On or before September 1 of each
year, the commissioner shall allocate available funds to the
counties which have approved plans and budgets. The
commissioner shall disburse the funds on a quarterly basis
during the fiscal year to reimburse counties for costs incurred
in providing services to individual clients in accordance with
the approved plans and budgets. Counties shall be reimbursed
for all expenditures made pursuant to subdivision 1 at a rate of
70 percent, up to the allocation determined pursuant to
subdivisions 4, 4a, and 4b. However, the commissioner shall not
reimburse costs of services for any person if the costs 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, and shall not reimburse costs of a one-time living
allowance for any person if the costs exceed $1,500 in a state
fiscal year. For the biennium ending June 30, 1993, the
commissioner shall not reimburse costs in excess of the 85th
percentile of hourly service costs based upon the cost
information supplied to the legislature in the proposed budget
for the biennium. The commissioner may make payments to each
county in quarterly installments. The commissioner may certify
an advance of up to 25 percent of the allocation. Subsequent
payments shall be made on a reimbursement basis for reported
expenditures and may be adjusted for anticipated spending
patterns.
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 of each county's
approved budget for semi-independent living services for 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. Effective January 1, 1992, the commissioner
shall allocate funds on a calendar year basis. For calendar
year 1992, funds shall be allocated based on each county's
portion of the statewide reimbursement received under this
section for state fiscal year 1991. For subsequent calendar
years, funds shall be allocated based on each county's portion
of the statewide expenditures eligible for reimbursement under
this section during the 12 months ending on June 30 of the
preceding calendar year.
If the legislature appropriates funds for special purposes,
the commissioner may allocate the funds based on proposals
submitted by the counties to the commissioner in a format
prescribed by the commissioner. Nothing in this subdivision
section 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.
Subd. 4a. [FORMULA LIMITATION.] For calendar year 1993 and
all subsequent years, the amounts computed pursuant to
subdivision 4 shall be subject to the following limitation: no
county shall be allocated an amount less than its guaranteed
floor as provided in subdivision 4b. If the amount allocated to
any county pursuant to subdivision 4 would be less than its
guaranteed floor, the shortage shall be recovered proportionally
from all counties which would be allocated more than their
guaranteed floor.
Subd. 4b. [GUARANTEED FLOOR.] Each county with an original
allocation for the preceding year that is equal to or less than
the guaranteed floor minimum index shall have a guaranteed floor
equal to its original allocation for the preceding year. Each
county with an original allocation for the preceding year that
is greater than the guaranteed floor minimum index shall have a
guaranteed floor equal to the lesser of clause (1) or (2):
(1) the county's original allocation for the preceding
year; or
(2) 70 percent of the county's reported expenditures
eligible for reimbursement during the 12 months ending on June
30 of the preceding calendar year.
For calendar year 1993, the guaranteed floor minimum index
shall be $20,000. For each subsequent year, the index shall be
adjusted by the projected change in the average value in the
United States Department of Labor Bureau of Labor Statistics
consumer price index (all urban) for that year.
When the amount of funds available for allocation is less
than the amount available in the previous year, each county's
previous year allocation shall be reduced in proportion to the
reduction in the statewide funding, to establish each county's
guaranteed floor.
Subd. 4c. [REVIEW OF FUNDS; REALLOCATION.] After each
quarter, the commissioner shall review county program
expenditures. The commissioner may reallocate unexpended money
at any time among those counties which have earned their full
allocation.
Subd. 5. [DISPLACED HOSPITAL WORKERS.] Providers of
semi-independent living services shall make reasonable efforts
to hire qualified employees of state hospital regional treatment
center mental retardation units who have been displaced by
reorganization, closure, or consolidation of state hospital
regional treatment center mental retardation units.
Subd. 6. [RULES.] The commissioner shall may adopt
emergency and permanent rules in accordance with chapter 14 to
govern grant applications, criteria for approval of
applications, allocation of grants, and maintenance of program
and financial statements by grant recipients, reimbursement, and
compliance.
Subd. 7. [REPORTS.] The commissioner shall specify
requirements for reports, including quarterly fiscal and annual
program reports, according to section 256.01, subdivision 2,
paragraph (17).
Subd. 8. [USE OF FEDERAL FUNDS.] The commissioner shall
make every reasonable effort to maximize the use of federal
funds for semi-independent living services.
Subd. 9. [COMPLIANCE.] If a county board or provider under
contract with a county board to provide semi-independent living
services does not comply with this section and the rules adopted
by the commissioner of human services under this section,
including the reporting requirements, the commissioner may
recover, suspend, or withhold payments.
Sec. 35. Minnesota Statutes 1990, section 252.28,
subdivision 1, is amended to read:
Subdivision 1. [DETERMINATIONS; BIENNIAL
REDETERMINATIONS.] In conjunction with the appropriate county
boards, the commissioner of human services shall determine, and
shall redetermine biennially, the need, location, size, and
program of public and private residential services and day care
facilities and training and habilitation services for children
and adults persons with mental retardation or related
conditions. This subdivision does not apply to semi-independent
living services and residential-based habilitation services
provided to four or fewer persons at a single site funded as
home and community-based services.
Sec. 36. Minnesota Statutes 1990, section 252.28,
subdivision 3, is amended to read:
Subd. 3. [LICENSING DETERMINATIONS.] (1) No new license
shall be granted pursuant to this section when the issuance of
the license would substantially contribute to an excessive
concentration of community residential facilities within any
town, municipality or county of the state.
(2) In determining whether a license shall be issued
pursuant to this subdivision, the commissioner of human services
shall specifically consider the population, size, land use plan,
availability of community services and the number and size of
existing public and private community residential facilities in
the town, municipality or county in which a licensee seeks to
operate a residence. Under no circumstances may the
commissioner newly license any facility pursuant to this section
except as provided in section 245A.11. The commissioner of
human services shall establish uniform rules to implement the
provisions of this subdivision.
(3) Licenses for community facilities and services shall be
issued pursuant to section 245.821.
(4) No new license shall be granted for a residential
program that provides home and community-based waivered services
to more than four individuals at a site, except as authorized by
the commissioner for emergency situations that would result in
the placement of individuals into regional treatment centers.
Such licenses shall not exceed 24 months.
(5) The commissioner shall not approve a determination of
need application that requests that an existing residential
program license under Minnesota Rules, parts 9525.0215 to
9525.0355 be modified in a manner that would result in the
issuance of two or more licenses for the same residential
program at the same location.
Sec. 37. Minnesota Statutes 1990, section 252.28, is
amended by adding a subdivision to read:
Subd. 5. [APPEALS.] A county may appeal a determination of
need, size, location, or program according to chapter 14.
Notice of appeals must be provided to the commissioner within 30
days after the receipt of the commissioner's determination.
Sec. 38. [252.293] [EMERGENCY RELOCATIONS.]
Subdivision 1. [EMERGENCY TRANSFERS.] In emergency
situations, the commissioner of human services may order the
relocation of existing intermediate care facility for persons
with mental retardation or related conditions beds, transfer
residents, and establish an interim payment rate under the
procedures contained in Minnesota Rules, part 9553.0075, for up
to two years, as necessary to ensure the replacement of the
original services for the residents. The payment rate must be
based on projected costs and is subject to settle up. An
emergency situation exists when it appears to the commissioner
of human services that the health, safety, or welfare of
residents may be in jeopardy due to imminent or actual loss of
use of the physical plant or damage to the physical plant making
it temporarily or permanently uninhabitable. The subsequent
rate for a facility providing services for the same resident
following the temporary emergency situation must be based upon
the costs incurred during the interim period if the residents
are permanently placed in the same facility. If the residents
need to be relocated for permanent placements, the temporary
emergency location must close and the procedures for
establishing rates for newly constructed or newly established
facilities must be followed. This provision regarding emergency
situations does not apply to facilities placed in receivership
by the commissioner of human services under section 245A.12 or
245A.13, or facilities that have rates set under section
252.292, subdivision 4, or to relocations of residents to
existing facilities.
Subd. 2. [APPROVAL OF TEMPORARY LOCATIONS.] The
commissioner of human services shall notify the commissioner of
health of the existence of the emergency and the decision to
order the relocation of residents. This notice shall also
identify the temporary location or locations selected by the
commissioner of human services for the relocation of the
residents. Notwithstanding the provisions of section 252.291,
the commissioner of health may license and certify the temporary
location or locations as an intermediate care facility for
persons with mental retardation or related conditions if the
location complies with the applicable state rules and federal
regulations. The facility from which the residents were
relocated shall not be used to house residents until the
commissioner of human services authorizes the return of
residents to the facility and the commissioner of health
verifies that the facility complies with the applicable state
and federal regulations. If the temporary location closes under
the provisions of subdivision 1, the license and certification
of the temporary location is voided. The voiding of the license
and certification shall not be considered as a suspension,
revocation, or nonrenewal of the license or as an involuntary
decertification of the facility.
Sec. 39. Minnesota Statutes 1990, section 252.32, is
amended to read:
252.32 [FAMILY SUBSIDY SUPPORT PROGRAM.]
Subdivision 1. [PROGRAM ESTABLISHED; APPLICATION.] In
accordance with state policy established in section 256F.01 that
all children are entitled to live in families that offer safe,
nurturing, permanent relationships, and that public services be
directed toward preventing the unnecessary separation of
children from their families, and because many families who have
children with mental retardation or related conditions have
special needs and expenses that other families do not have, the
commissioner of human services shall establish a program
to provide subsidies to families to enable them to care for
their dependents with handicaps in their own home assist
families who have dependents with mental retardation or related
conditions living in their home. The program shall make support
grants available to the families.
Subd. 1a. [SUPPORT GRANTS.] This program (a) Provision of
support grants must be limited to families who require support
and whose dependents are under the age of 22 and who are
mentally retarded or who have mental retardation or who have a
related condition and otherwise would require or be eligible for
placement in a licensed residential facility as set forth in
section 245A.02, subdivision 6 who have been determined by a
screening team established under section 256B.092 to require the
level of care provided by an intermediate care facility for
persons with mental retardation or related conditions. Families
who are receiving home and community-based waivered services are
not eligible for support grants. Families whose annual adjusted
gross income is $60,000 or more are not eligible for support
grants except in cases where extreme hardship is demonstrated.
Beginning in state fiscal year 1994, the commissioner shall
adjust the income ceiling annually to reflect the projected
change in the average value in the United States Department of
Labor Bureau of Labor Statistics consumer price index (all
urban) for that year.
(b) Support grants may be made available as monthly subsidy
grants and lump sum grants.
(c) Support grants may be issued in the form of cash,
voucher, and direct county payment to a vendor.
(d) Applications for the subsidy support grant shall be
made by the county social service agency to the department of
human services. The application shall specify the needs of the
family, the form of the grant requested by the family, and how
the subsidy will be used family intends to use the support grant
and recommendations of the county.
(e) Families who were receiving subsidies on the date of
implementation of the $60,000 income limit in paragraph (a)
continue to be eligible for a family support grant until
December 31, 1991, if all other eligibility criteria are met.
After December 31, 1991, these families are eligible for a grant
in the amount of one-half the grant they would otherwise
receive, for as long as they remain eligible under other
eligibility criteria.
Subd. 2. [INDIVIDUAL SERVICE PLAN.] Before a support grant
is issued, an individual service plan for the dependent as
required by section 256E.08 and the rules adopted thereunder, or
an individual service plan as requested by the family and
defined in 256B.092, shall be developed by the county social
service agency and agreed upon by the parents. A transitional
plan shall be developed for the dependent when the dependent
turns age 17 in order to assure an orderly transition to other
services when the family terminates services from this program
and to assure that an application is made for supplemental
security income and other benefits.
Subd. 3. [SUBSIDY AMOUNT OF SUPPORT GRANT; USE.] Subsidy
Support grant amounts shall be determined by the commissioner of
human services. The subsidy may be used to cover the costs of
special equipment, special clothing or diets, related
transportation, therapy, medications, respite care, medical
care, diagnostic assessments, modifications to the home and
vehicle, and other services or items that assist the family and
dependent. Each service and item purchased with a support grant
must:
(1) be over and above the normal costs of caring for the
dependent if the dependent did not have a disability;
(2) be directly attributable to the dependent's disabling
condition; and
(3) enable the family to delay or prevent the out-of-home
placement of the dependent.
The design and delivery of services and items purchased
under this section must suit the dependent's chronological age
and be provided in the least restrictive environment possible,
consistent with the needs identified in the individual service
plan.
Items and services purchased with support grants must be
those for which there are no other public or private funds
available to the family. Fees assessed to parents for health or
human services that are funded by federal, state, or county
dollars are not reimbursable through this program.
The maximum monthly amount shall be $250 per eligible
dependent, or $3,000 per eligible dependent per state fiscal
year, within the limits of available funds. During fiscal year
1992 and 1993, the maximum monthly grant awarded to families who
are eligible for medical assistance shall be $200, except in
cases where extreme hardship is demonstrated. The commissioner
may consider the child's dependent's supplemental security
income in determining the amount of the subsidy support grant.
A variance may be granted by the commissioner to exceed
$250 $3,000 per state fiscal year per eligible dependent for
emergency circumstances in cases where exceptional resources of
the family are required to meet the health, welfare-safety needs
of the child, for a period not to exceed 90 days per fiscal
year. The commissioner may set aside one up to five percent of
the appropriation to fund emergency situations.
Subd. 3a. [REPORTS AND REIMBURSEMENT.] The commissioner
shall specify requirements for quarterly fiscal and annual
program reports according to section 256.01, subdivision 2,
paragraph (17). Program reports shall include data which will
enable the commissioner to evaluate program effectiveness and to
audit compliance. The commissioner shall reimburse county costs
on a quarterly basis.
Subd. 3b. [FEDERAL FUNDS.] The commissioner and the
counties shall make every reasonable effort to maximize the use
of federal funds for family supports.
Subd. 3c. [COUNTY BOARD RESPONSIBILITIES.] County boards
receiving funds under this section shall:
(1) determine the needs of families for services in
accordance with section 256B.092 or 256E.08 and any rules
adopted under those sections;
(2) determine the eligibility of all persons proposed for
program participation;
(3) recommend for approval all items and services to be
reimbursed and inform families of the commissioner's approval
decision;
(4) issue support grants directly to, or on behalf of,
eligible families;
(5) inform recipients of their right to appeal under
subdivision 3e;
(6) submit quarterly financial reports under subdivision
3b; and
(7) coordinate services with other programs offered by the
county.
Subd. 3d. [APPEALS.] The denial, suspension, or
termination of services under this program may be appealed by a
recipient or application under section 256.045, subdivision 3.
Subd. 4. [RULEMAKING.] The commissioner shall amend
permanent rules to govern subsidy grant applications under this
section, criteria for approval, and other areas necessary to
implement this program.
Subd. 5. [COMPLIANCE.] If a county board or grantee does
not comply with this section and the rules adopted by the
commissioner of human services, the commissioner may recover,
suspend, or withhold payments.
Sec. 40. Minnesota Statutes 1990, section 252.46, is
amended by adding a subdivision to read:
Subd. 15. [FOR-PROFIT ORGANIZATIONS.] Notwithstanding the
requirement in section 252.41, subdivision 9, that vendors be
nonprofit entities, the commissioner may approve up to 15
for-profit individuals, corporations, partnerships, voluntary
associations, or other organizations to provide day training and
habilitation services for the purposes of studying the impacts
that for-profit vendors have on the delivery, quality, and costs
of day training and habilitation services.
Sec. 41. Minnesota Statutes 1990, section 252.50,
subdivision 2, is amended to read:
Subd. 2. [AUTHORIZATION TO BUILD OR PURCHASE.] Within the
limits of available appropriations, the commissioner may build,
purchase, or lease suitable buildings for state-operated,
community-based programs. The commissioner must develop the
state-operated community residential facilities authorized in
the worksheets of the house appropriations and senate finance
committees. The commissioner shall finance the purchase or
construction of state-operated, community-based facilities with
the Minnesota housing finance agency. The commissioner shall
make payments through the department of administration to the
Minnesota housing finance agency in repayment of mortgage loans
granted for the purposes of this section. Programs must be
adaptable to the needs of persons with mental retardation or
related conditions and residential programs must be homelike.
Sec. 42. Minnesota Statutes 1990, section 253.015,
subdivision 2, is amended to read:
Subd. 2. [PLAN FOR NEEDED REGIONAL TREATMENT CENTER
SERVICES.] (a) By January 30, 1990, the commissioner shall
develop and submit to the legislature a plan to implement a
program for persons in southeastern Minnesota who are mentally
ill.
(b) By January 1, 1990, the commissioner shall develop a
plan to establish a comprehensive brain injury treatment program
at the Faribault regional center site to meet the needs of
people with brain injuries in Minnesota. The program shall
provide postacute, community integration and family support
services for people with brain injuries which have resulted in
behavior, cognitive, emotional, communicative and mobility
impairments or deficits. The plan shall include development of
a brain injury residential unit, a functional evaluation
outpatient clinic and an adaptive equipment center within the
outpatient clinic. Health care services already available at
the regional center or from the Faribault community must be
utilized, and the plan shall include provisions and cost
estimates for capital improvements, staff retraining, and
program start-up costs.
(c) By January 1, 1990, the commissioner shall develop a
plan to establish 35 auxiliary beds at Brainerd regional
treatment center for the Minnesota security hospital. The
commissioner shall develop secure beds for mentally ill persons
as authorized in the worksheets of the house appropriations and
senate finance committees. The commissioner shall finance the
purchase or construction of these beds with the Minnesota
housing finance agency. The commissioner shall make payments
through the department of administration to the Minnesota
housing finance agency in repayment of mortgage loans granted
for the purposes of this section.
Sec. 43. Minnesota Statutes 1990, section 253C.01,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] As used in this section,
"residential program" means (1) a freestanding primary treatment
program or hospital-based primary treatment program that
provides residential treatment to chemically dependent or
mentally ill minors with emotional disturbance as defined by the
comprehensive children's mental health act in sections 245.487
to 245.4888, or (2) a facility licensed by the state under
Minnesota Rules, parts 9545.0900 to 9545.1090, to provide
services for emotionally disturbed to minors on a 24-hour basis.
Sec. 44. Minnesota Statutes 1990, section 253C.01,
subdivision 2, is amended to read:
Subd. 2. [ANNUAL REPORT INFORMATION REQUIRED.] Beginning
June 1, 1986, each residential program shall collect the
information listed in this subdivision. Each residential
program shall file a report no later than December 31, 1986,
containing the information collected as of that date.
Thereafter, each residential program shall prepare an annual
report for the year ending June 30 of each year and file the
report no later than December 31 of each year. Hospital-based
primary treatment programs shall file the report with the
commissioner of health provide the required information annually
on a date to be determined by the commissioner of human
services. All other residential programs shall file the report
with to the commissioner of human services. The summary reports
on each program are public data and must contain at least the
following information for the period covered by the report:
(1) number of minors admitted to the program;
(2) number of minors discharged from the program;
(3) primary diagnoses of each admitted minor number of
minors served during the reporting period;
(4) number of minors who remained in residence for less
than 30 days;
(5) number of minors who remained in residence for between
30 and 60 days;
(6) number of minors who remained in residence for more
than 60 days;
(7) average length of stay of minors in the program;
(8) number of minors who have received psychotropic
medications as part of treatment in the program;
(9) age, race, and sex of each minor admitted to the
program;
(10) copy of written notices, forms, and other procedures
being used to advise minors and their parents of their rights;
(11) number of minors admitted or presently in residence
who have previously had residential treatment;
(12) (11) number of minors discharged who are on private
pay or third-party reimbursement payment and number who are
receiving government funds for treatment;
(13) criteria for admission and continued stay (12) the
county of residence of discharged minors;
(14) (13) number of admitted minors whose admission is
court-ordered; and
(15) (14) number of beds on a locked unit and number of
beds on an unlocked unit.
The information required by this subdivision must be
separately stated for chemically dependent, mentally ill, and
emotionally disturbed minors as defined by the residential
programs.
Sec. 45. Minnesota Statutes 1990, section 256B.0625,
subdivision 20, is amended to read:
Subd. 20. [MENTAL ILLNESS CASE MANAGEMENT.] To the extent
authorized by rule of the state agency, medical assistance
covers case management services to persons with serious and
persistent mental illness or subject to federal approval,
children with severe emotional disturbance.
Sec. 46. Minnesota Statutes 1990, section 256B.0641, is
amended by adding a subdivision to read:
Subd. 3. [FACILITY IN RECEIVERSHIP.] Subdivision 2 does
not apply to the change of ownership of a facility to a
nonrelated organization while the facility to be sold,
transferred or reorganized is in receivership under section
245A.12 or 245A.13, and the commissioner during the receivership
has not determined the need to place residents of the facility
into a newly constructed or newly established facility. Nothing
in this subdivision limits the liability of a former owner.
Sec. 47. Minnesota Statutes 1990, section 256B.092, is
amended to read:
256B.092 [CASE MANAGEMENT OF PERSONS WITH MENTAL
RETARDATION OR RELATED CONDITIONS.]
Subdivision 1. [COUNTY OF FINANCIAL RESPONSIBILITY;
DUTIES.] Before any services shall be rendered to persons with
mental retardation or related conditions who are in need of
social service and medical assistance, the county of financial
responsibility shall conduct or arrange for a diagnostic
evaluation in order to determine whether the person is has or
may be mentally retarded have mental retardation or has or may
have a related condition. If the county of financial
responsibility determines that the person has mental retardation
or a related condition, the county shall inform the person of
case management services available under this section. Except
as provided in subdivision 1g or 4b, if a client person is
diagnosed as mentally retarded having mental retardation or as
having a related condition, that the county must of financial
responsibility shall conduct or arrange for a needs assessment,
develop or arrange for an individual service plan, provide or
arrange for ongoing case management services at the level
identified in the individual service plan, provide or arrange
for case management administration, and authorize placement for
services identified in the person's individual service plan
developed according to subdivision 1b. Diagnostic information,
obtained by other providers or agencies, may be used to meet the
diagnosis requirements of this section. Nothing in this section
shall be construed as requiring: (1) assessment in areas agreed
to as unnecessary by the case manager and the person, or the
person's legal guardian or conservator, or the parent if the
person is a minor, or (2) assessments in areas where there has
been a functional assessment completed in the previous 12 months
for which the case manager and the person or person's guardian
or conservator, or the parent if the person is a minor, agree
that further assessment is not necessary. For persons under
state guardianship, the case manager shall seek authorization
from the public guardianship office for waiving any assessment
requirements. Assessments related to health, safety, and
protection of the person for the purpose of identifying service
type, amount, and frequency or assessments required to authorize
services may not be waived. To the extent possible, for wards
of the commissioner the county shall consider the opinions of
the parent of the person with mental retardation or a related
condition when developing the person's individual service plan.
If the county of financial responsibility places a client person
in another county for services, the placement shall be made in
cooperation with the host county of service where services are
provided, according to subdivision 8a, and arrangements shall be
made between the two counties for ongoing social service,
including annual reviews of the client's person's individual
service plan. The host county where services are provided may
not make changes in the person's service plan without approval
by the county of financial responsibility.
Subd. 1a. [CASE MANAGEMENT ADMINISTRATION AND SERVICES.]
Case management services are limited to diagnosis, assessment of
the individual's service needs, development of an individual
service plan, specification of methods for providing services,
and the evaluation and monitoring of the services identified in
the plan.
(a) The administrative functions of case management
provided to or arranged for a person include:
(1) intake;
(2) diagnosis;
(3) screening;
(4) service authorization;
(5) review of eligibility for services; and
(6) responding to requests for conciliation conferences and
appeals according to section 256.045 made by the person, the
person's legal guardian or conservator, or the parent if the
person is a minor.
(b) Case management service activities provided to or
arranged for a person include:
(1) development of the individual service plan;
(2) informing the individual or the individual's legal
guardian or conservator, or parent if the person is a minor, of
service options;
(3) assisting the person in the identification of potential
providers;
(4) assisting the person to access services;
(5) coordination of services;
(6) evaluation and monitoring of the services identified in
the plan; and
(7) annual reviews of service plans.
(c) Case management administration and service activities
that are provided to the person with mental retardation or a
related condition shall be provided directly by county agencies
or under contract.
Subd. 1b. [INDIVIDUAL SERVICE PLAN.] The individual
service plan must:
(1) include the results of the diagnosis and the assessment
information on the person's need for service, including
identification of service needs that will be or that are met by
the person's relatives, friends, and others, as well as
community services used by the general public;
(2) identify the person's preferences for services as
stated by the person, the person's legal guardian or
conservator, or the parent if the person is a minor;
(3) identify long- and short-range goals and objectives for
the client,
(3) person;
(4) identify specific services and the amount and frequency
of the services to be provided to the client,
(4) person based on assessed needs, preferences, and
available resources. The individual service plan shall also
specify other services the person needs that are not available;
(5) identify the need for an habilitation component of the
individual program plan, and
(5) identify and coordinate methodologies to carry out the
goals and objectives. to be developed by the provider according
to the respective state and federal licensing and certification
standards, and additional assessments to be completed or
arranged by the provider after service initiation;
(6) identify provider responsibilities to implement and
make recommendations for modification to the individual service
plan;
(7) include notice of the right to request a conciliation
conference or a hearing under section 256.045;
(8) be agreed upon and signed by the person, the person's
legal guardian or conservator, or the parent if the person is a
minor, and the authorized county representative;
(9) be reviewed by a health professional if the person has
overriding medical needs that impact the delivery of services;
and
(10) be completed on forms approved by the commissioner,
including forms developed for interagency planning such as
transition and individual family service plans.
Subd. 1c. [FISCAL LIMITATIONS.] Subdivision 1 shall not be
construed as requiring expenditure of money not available to
county agencies for services to persons with, or who might have,
mental retardation or related conditions, except for:
(1) services specifically required by federal law or state
statute such as case management and day training and
habilitation services; and
(2) services identified in the person's individual service
plan as services that the county will provide until the person's
individual service plan is amended.
Subd. 1d. [COUNTY REQUIREMENTS.] Before a county denies,
reduces, or terminates a service to an individual due to fiscal
limitations, the county agency must show that money is not
available for services to persons with mental retardation or
related conditions and that good faith efforts have been made to
identify needs and obtain available funds. The county agency
must show this by documenting that the following actions have
been taken:
(1) the county case manager has identified the person's
service needs and the actions that will be taken to develop or
obtain those services in the person's individual service plan
and action that will be taken to prevent abuse or neglect as
defined in sections 626.556, subdivision 2, paragraphs (a), (c),
and (d), and 626.557, subdivision 2, paragraphs (d) and (e);
(2) prior to the admission of a person to a regional
treatment center program for persons with developmental
disabilities, the county agency made efforts to secure
community-based alternatives. If these alternatives were
rejected in favor of a regional treatment center placement, the
county agency must also document the reasons why they were
rejected; and
(3) the county agency has made a request for state funds or
new capacity for services to meet the individual's unmet needs,
since those needs have been identified in the person's
individual service plan.
Subd. 1e. [COORDINATION, EVALUATION, AND MONITORING OF
SERVICES IDENTIFIED IN THE INDIVIDUAL SERVICE PLAN.] (a) If the
individual service plan identifies the need for individual
program plans for authorized services, the case manager shall
assure that individual program plans are developed by the
providers according to clauses (2) to (5). The providers shall
assure that the individual program plans:
(1) are developed according to the respective state and
federal licensing and certification requirements;
(2) are designed to achieve the goals of the individual
service plan;
(3) are consistent with other aspects of the individual
service plan;
(4) assure the health and safety of the person; and
(5) are developed with consistent and coordinated
approaches to services among the various service providers.
(b) The case manager shall monitor the provision of
services:
(1) to assure that the individual service plan is being
followed according to paragraph (a);
(2) to identify any changes or modifications that might be
needed in the individual service plan, including changes
resulting from recommendations of current service providers;
(3) to determine if the person's legal rights are
protected, and if not, notify the person's legal guardian or
conservator, or the parent if the person is a minor, protection
services, or licensing agencies as appropriate; and
(4) to determine if the person, the person's legal guardian
or conservator, or the parent if the person is a minor, is
satisfied with the services provided.
(c) If the provider fails to develop or carry out the
individual program plan according to paragraph (a), the case
manager shall notify the person's legal guardian or conservator,
or the parent if the person is a minor, the provider, the
respective licensing and certification agencies, and the county
board where the services are being provided. In addition, the
case manager shall identify other steps needed to assure the
person receives the services identified in the individual
service plan.
Subd. 1e. 1f. [COUNTY WAITING LIST.] The county agency
shall maintain a waiting list of persons with developmental
disabilities specifying the services needed but not
provided. This waiting list shall be used by county agencies to
assist them in developing needed services or amending their
community social services plan as required in section 256E.09,
subdivision 1.
Subd. 1g. [CONDITIONS NOT REQUIRING DEVELOPMENT OF
INDIVIDUAL SERVICE PLAN.] Unless otherwise required by federal
law, the county agency is not required to complete an individual
service plan as defined in subdivision 1b for:
(1) persons whose families are requesting respite care as a
single service for their family member who resides with them, or
whose families are requesting only a family subsidy grant and
are not requesting purchase or arrangement of other habilitative
or social services; and
(2) persons with mental retardation or related conditions,
living independently without authorized services or receiving
funding for services at a rehabilitation facility as defined in
section 268A.01, subdivision 6, and not in need of or requesting
additional services.
Subd. 2. [MEDICAL ASSISTANCE.] To assure quality case
management to those county clients persons who are eligible for
medical assistance, the commissioner shall, upon request by the
county board:
(a) provide consultation on the case management process;
(b) assist county agencies in the screening and annual
reviews of clients review process to assure that appropriate
levels of service are provided to persons;
(c) provide consultation on service planning and
development of services with appropriate options;
(d) provide training and technical assistance to county
case managers; and
(e) authorize payment for medical assistance services
according to chapter 256B and rules implementing it.
Subd. 3. [AUTHORIZATION AND TERMINATION OF SERVICES.]
County agency case managers, under rules of the commissioner,
shall authorize and terminate services of community and state
hospital regional treatment center providers in accordance with
according to individual service plans. Services provided to
persons with mental retardation or related conditions may only
be authorized and terminated by case managers according to (1)
rules of the commissioner and (2) the individual service plan as
defined in subdivision 1b. Medical assistance services not
needed shall not be authorized by county agencies nor or funded
by the commissioner. When purchasing or arranging for
unlicensed respite care services for persons with overriding
health needs, the county agency shall seek the advice of a
health care professional in assessing provider staff training
needs and skills necessary to meet the medical needs of the
person.
Subd. 4. [ALTERNATIVE HOME AND COMMUNITY-BASED SERVICES
FOR PERSONS WITH MENTAL RETARDATION OR RELATED CONDITIONS.] The
commissioner shall make payments to county boards approved
vendors participating in the medical assistance program to pay
costs of providing alternative home and community-based
services, including case management service activities provided
as an approved home and community-based service, to medical
assistance eligible persons with mental retardation or related
conditions who have been screened under subdivision 7 and
according to federal requirements. Payments for home and
community-based services shall not exceed amounts authorized by
the county of financial responsibility. For specifically
identified former residents of regional treatment centers and
nursing facilities, the commissioner shall be responsible for
authorizing payments and payment limits under the appropriate
home and community-based service program. Payment is available
under this subdivision only for persons who, if not provided
these services, would require the level of care provided in an
intermediate care facility for persons with mental retardation
or related conditions.
Subd. 4a. [DEMONSTRATION PROJECTS.] The commissioner may
waive state rules governing home and community-based services in
order to demonstrate other methods of administering these
services and to improve efficiency and responsiveness to
individual needs of persons with mental retardation or related
conditions, notwithstanding section 14.05, subdivision 4. All
demonstration projects approved by the commissioner must comply
with state laws and federal regulations, must remain within the
fiscal limitations of the home and community-based services
program for persons with mental retardation or related
conditions, and must assure the health and safety of the persons
receiving services according to section 256E.08, subdivision 1.
Subd. 4b. [CASE MANAGEMENT FOR PERSONS RECEIVING HOME AND
COMMUNITY-BASED SERVICES.] Persons authorized for and receiving
home and community-based services may select from vendors of
case management which have provider agreements with the state to
provide home and community-based case management service
activities. This subdivision becomes effective July 1, 1992,
only if the state agency is unable to secure federal approval
for limiting choice of case management vendors to the county of
financial responsibility.
Subd. 5. [FEDERAL WAIVERS.] The commissioner shall apply
for any federal waivers necessary to secure, to the extent
allowed by law, federal financial participation under United
States Code, title 42, sections 1396 to 1396p et seq., as
amended through December 31, 1987, for the provision of services
to persons who, in the absence of the services, would need the
level of care provided in a state hospital regional treatment
center or a community intermediate care facility for persons
with mental retardation or related conditions. The commissioner
may seek amendments to the waivers or apply for additional
waivers under United States Code, title 42, sections 1396 to
1396p et seq., as amended through December 31, 1987, to contain
costs. The commissioner shall ensure that payment for the cost
of providing home and community-based alternative services under
the federal waiver plan shall not exceed the cost of
intermediate care services including day training and
habilitation services that would have been provided without the
waivered services.
Subd. 6. [RULES.] The commissioner shall adopt emergency
and permanent rules to establish required controls,
documentation, and reporting of services provided in order to
assure proper administration of the approved waiver plan, and to
establish policy and procedures to reduce duplicative efforts
and unnecessary paperwork on the part of case managers.
Subd. 7. [SCREENING TEAMS ESTABLISHED.] (a) Each county
agency shall establish a screening team which, under the
direction of the county case manager, shall make an evaluation
of need for home and community-based services of persons who are
entitled to the level of care provided by an intermediate care
facility for persons with mental retardation or related
conditions or for whom there is a reasonable indication that
they might require the level of care provided by an intermediate
care facility. For persons with mental retardation or a related
condition, screening teams shall be established which shall
evaluate the need for the level of care provided by
residential-based habilitation services, residential services,
training and habilitation services, and nursing facility
services. The evaluation shall address whether home and
community-based services are appropriate for persons who are at
risk of placement in an intermediate care facility for persons
with mental retardation or related conditions, or for whom there
is reasonable indication that they might require this level of
care. The screening team shall make an evaluation of need
within 15 working days of the date that the assessment is
completed or within 60 working days of a request for service by
a person with mental retardation or related conditions,
whichever is the earlier, and within five working days of an
emergency admission of an individual a person to an intermediate
care facility for persons with mental retardation or related
conditions. The screening team shall consist of the case
manager for persons with mental retardation or related
conditions, the client person, a parent or the person's legal
guardian or conservator, or the parent if the person is a minor,
and a qualified mental retardation professional, as defined in
the Code of Federal Regulations, title 42, section 483.430, as
amended through June 3, 1988. The case manager may also act as
the qualified mental retardation professional if the case
manager meets the federal definition. County social service
agencies may contract with a public or private agency or
individual who is not a service provider for the person for the
public guardianship representation required by the screening or
individual service and habilitation planning process. The
contract shall be limited to public guardianship representation
for the screening and individual service and habilitation
planning activities. The contract shall require compliance with
the commissioner's instructions and may be for paid or voluntary
services. For individuals persons determined to have overriding
health care needs, a registered nurse must be designated as
either the case manager or the qualified mental retardation
professional. The case manager shall consult with the client's
person's physician, other health professionals or other persons
individuals as necessary to make this evaluation. The case
manager, with the concurrence of the client or the
client's person, the person's legal representative guardian or
conservator, or the parent if the person is a minor, may invite
other persons individuals to attend meetings of the screening
team. No member of the screening team shall have any direct or
indirect service provider interest in the case. Nothing in this
section shall be construed as requiring the screening team
meeting to be separate from the service planning meeting.
(b) In addition to the requirements of paragraph (a), the
following conditions apply to the discharge of persons with
mental retardation or a related condition from a regional
treatment center:
(1) For a person under public guardianship, at least two
weeks prior to each screening team meeting the case manager must
notify in writing parents, near relatives, and the ombudsman
established under section 245.92 or a designee, and invite them
to attend. The notice to parents and near relatives must
include: (i) notice of the provisions of section 252A.03,
subdivision 4, regarding assistance to persons interested in
assuming private guardianship; (ii) notice of the rights of
parents and near relatives to object to a proposed discharge by
requesting a review as provided in clause (7); and (iii)
information about advocacy services available to assist parents
and near relatives of persons with mental retardation or related
conditions. In the case of an emergency screening meeting, the
notice must be provided as far in advance as practicable.
(2) Prior to the discharge, a screening must be conducted
under subdivision 8 and a plan developed under subdivision 1a.
For a person under public guardianship, the county shall
encourage parents and near relatives to participate in the
screening team meeting. The screening team shall consider the
opinions of parents and near relatives in making its
recommendations. The screening team shall determine that the
services outlined in the plan are available in the community
before recommending a discharge. The case manager shall provide
a copy of the plan to the person, legal representative, parents,
near relatives, the ombudsman established under section 245.92,
and the protection and advocacy system established under United
States Code, title 42, section 6042, at least 30 days prior to
the date the proposed discharge is to occur. The information
provided to parents and near relatives must include notice of
the rights of parents and near relatives to object to a proposed
discharge by requesting a review as provided in clause (7). If
a discharge occurs, the case manager and a staff person from the
regional treatment center from which the person was discharged
must conduct a monitoring visit as required in Minnesota Rules,
part 9525.0115, within 90 days of discharge and provide an
evaluation within 15 days of the visit to the person, legal
representative, parents, near relatives, ombudsman, and the
protection and advocacy system established under United States
Code, title 42, section 6042.
(3) In order for a discharge or transfer from a regional
treatment center to be approved, the concurrence of a majority
of the screening team members is required. The screening team
shall determine that the services outlined in the discharge plan
are available and accessible in the community before the person
is discharged. The recommendation of the screening team cannot
be changed except by subsequent action of the team and is
binding on the county and on the commissioner. If the
commissioner or the county determines that the decision of the
screening team is not in the best interests of the person, the
commissioner or the county may seek judicial review of the
screening team recommendation. A person or legal representative
may appeal under section 256.045, subdivision 3 or 4a.
(4) For persons who have overriding health care needs or
behaviors that cause injury to self or others, or cause damage
to property that is an immediate threat to the physical safety
of the person or others, the following additional conditions
must be met:
(i) For a person with overriding health care needs, either
a registered nurse or a licensed physician shall review the
proposed community services to assure that the medical needs of
the person have been planned for adequately. For purposes of
this paragraph, "overriding health care needs" means a medical
condition that requires daily clinical monitoring by a licensed
registered nurse.
(ii) For a person with behaviors that cause injury to self
or others, or cause damage to property that is an immediate
threat to the physical safety of the person or others, a
qualified mental retardation professional, as defined in
paragraph (a), shall review the proposed community services to
assure that the behavioral needs of the person have been planned
for adequately. The qualified mental retardation professional
must have at least one year of experience in the areas of
assessment, planning, implementation, and monitoring of
individual habilitation plans that have used behavior
intervention techniques.
(5) No person with mental retardation or a related
condition may be discharged from a regional treatment center
before an appropriate community placement is available to
receive the person.
(6) Effective July 1, 1991, a resident of a regional
treatment center may not be discharged to a community
intermediate care facility with a licensed capacity of more than
15 beds. Effective July 1, 1993, a resident of a regional
treatment center may not be discharged to a community
intermediate care facility with a licensed capacity of more than
ten beds.
(7) If the person, legal representative, parent, or near
relative of the person proposed to be discharged from a regional
treatment center objects to the proposed discharge, the
individual who objects to the discharge may request a review
under section 256.045, subdivision 4a, and may request
reimbursement as allowed under section 256.045. The person must
not be transferred from a regional treatment center while a
review or appeal is pending. Within 30 days of the request for
a review, the local agency shall conduct a conciliation
conference and inform the individual who requested the review in
writing of the action the local agency plans to take. The
conciliation conference must be conducted in a manner consistent
with section 256.045, subdivision 4a. A person, legal
representative, parent, or near relative of the person proposed
to be discharged who is not satisfied with the results of the
conciliation conference may submit to the commissioner a written
request for a hearing before a state human services referee
under section 256.045, subdivision 4a. The person, legal
representative, parent, or near relative of the person proposed
to be discharged 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 on the commissioner and any
adverse party of record within 30 days after the day the
commissioner issued the order and by filing the original notice
and proof of service with the court administrator of the
district court. Judicial review must proceed under section
256.045, subdivisions 7 to 10. For a person under public
guardianship, the ombudsman established under section 245.92 may
object to a proposed discharge by requesting a review or hearing
or by appealing to district court as provided in this clause.
The person must not be transferred from a regional treatment
center while a conciliation conference or appeal of the
discharge is pending.
Subd. 8. [SCREENING TEAM DUTIES.] The screening team shall:
(a) review diagnostic data;
(b) review health, social, and developmental assessment
data using a uniform screening tool specified by the
commissioner;
(c) identify the level of services appropriate to maintain
the person in the most normal and least restrictive setting that
is consistent with the person's treatment needs;
(d) identify other noninstitutional public assistance or
social service that may prevent or delay long-term residential
placement;
(e) assess whether a client person is in need of long-term
residential care;
(f) make recommendations regarding placement and payment
for: (1) social service or public assistance support, or both,
to maintain a client person in the client's person's own home or
other place of residence; (2) training and habilitation service,
vocational rehabilitation, and employment training activities;
(3) community residential placement; (4) regional treatment
center placement; or (5) a home and community-based service
alternative to community residential placement or state hospital
regional treatment center placement;
(g) evaluate the availability, location, and quality of the
services listed in paragraph (f), including the impact of
placement alternatives on the client's person's ability to
maintain or improve existing patterns of contact and involvement
with parents and other family members;
(h) identify the cost implications of recommendations in
paragraph (f);
(i) make recommendations to a court as may be needed to
assist the court in making commitments decisions regarding
commitment of mentally retarded persons with mental retardation;
and
(j) inform clients the person and the person's legal
guardian or conservator, or the parent if the person is a minor,
that appeal may be made to the commissioner pursuant to section
256.045.
Subd. 8a. [COUNTY CONCURRENCE.] (a) When a person has been
screened and authorized for services in an intermediate care
facility for persons with mental retardation or related
conditions or for home and community-based services for persons
with mental retardation or related conditions, the case manager
shall assist that person in identifying a service provider who
is able to meet the needs of the person according to the
person's individual service plan. If the identified service is
to be provided in a county other than the county of financial
responsibility, the county of financial responsibility shall
request concurrence of the county where the person is requesting
to receive the identified services. The county of service may
refuse to concur if:
(1) it can demonstrate that the provider is unable to
provide the services identified in the person's individual
service plan as services that are needed and are to be provided;
(2) in the case of an intermediate care facility for
persons with mental retardation or related conditions, there has
been no authorization for admission by the admission review team
as required in section 256B.0926; or
(3) in the case of home and community-based services for
persons with mental retardation or related conditions, the
county of service can demonstrate that the prospective provider
has failed to substantially comply with the terms of a past
contract or has had a prior contract terminated within the last
12 months for failure to provide adequate services, or has
received a notice of intent to terminate the contract.
(b) The county of service shall notify the county of
financial responsibility of concurrence or refusal to concur no
later than 20 working days following receipt of the written
request. Unless other mutually acceptable arrangements are made
by the involved county agencies, the county of financial
responsibility is responsible for costs of social services and
the costs associated with the development and maintenance of the
placement. The county of service may request that the county of
financial responsibility purchase case management services from
the county of service or from a contracted provider of case
management when the county of financial responsibility is not
providing case management as defined in section 256B.092 and
rules adopted under that section, unless other mutually
acceptable arrangements are made by the involved county
agencies. Standards for payment limits under this section may
be established by the commissioner. Financial disputes between
counties shall be resolved as provided in section 256G.09.
Subd. 9. [REIMBURSEMENT.] Payment for services shall not
be provided to a service provider for any recipient person
placed in an intermediate care facility for persons with mental
retardation or related conditions prior to the recipient person
being screened by the screening team. The commissioner shall
not deny reimbursement for: (a) an individual a person admitted
to an intermediate care facility for persons with mental
retardation or related conditions who is assessed to need
long-term supportive services, if long-term supportive services
other than intermediate care are not available in that
community; (b) any individual person admitted to an intermediate
care facility for persons with mental retardation or related
conditions under emergency circumstances; (c) any
eligible individual person placed in the intermediate care
facility for persons with mental retardation or related
conditions pending an appeal of the screening team's decision;
or (d) any medical assistance recipient when, after full
discussion of all appropriate alternatives including those that
are expected to be less costly than intermediate care for
persons with mental retardation or related conditions,
the individual person or the individual's person's legal
representative guardian or conservator, or the parent if the
person is a minor, insists on intermediate care placement. The
screening team shall provide documentation that the most cost
effective alternatives available were offered to this individual
or the individual's legal representative guardian or conservator.
Subd. 10. [ADMISSION OF PERSONS TO AND DISCHARGE OF
PERSONS FROM REGIONAL TREATMENT CENTERS.] (a) Prior to the
admission of a person to a regional treatment center program for
persons with mental retardation, the case manager shall make
efforts to secure community-based alternatives. If these
alternatives are rejected by the person, the person's legal
guardian or conservator, or the county agency in favor of a
regional treatment center placement, the case manager shall
document the reasons why the alternatives were rejected.
(b) When discharge of a person from a regional treatment
center to a community-based service is proposed, the case
manager shall convene the screening team and in addition to
members of the team identified in subdivision 7, the case
manager shall invite to the meeting the person's parents and
near relatives, and the ombudsman established under section
245.92 if the person is under public guardianship. The meeting
shall be convened at a time and place that allows for
participation of all team members and invited individuals who
choose to attend. The notice of the meeting shall inform the
person's parents and near relatives about the screening team
process, and their right to request a review if they object to
the discharge, and shall provide the names and functions of
advocacy organizations, and information relating to assistance
available to individuals interested in establishing private
guardianships under the provisions of section 252A.03. The
screening team meeting shall be conducted according to
subdivisions 7 and 8. Discharge of the person shall not go
forward without consensus of the screening team.
(c) The results of the screening team meeting and
individual service plan developed according to subdivision 1b
shall be used by the interdisciplinary team assembled in
accordance with Code of Federal Regulations, title 42, section
483.440, to evaluate and make recommended modifications to the
individual service plan as proposed. The individual service
plan shall specify postplacement monitoring to be done by the
case manager according to section 253B.15, subdivision 1a.
(d) Notice of the meeting of the interdisciplinary team
assembled in accordance with Code of Federal Regulations, title
42, section 483.440, shall be sent to all team members 15 days
prior to the meeting, along with a copy of the proposed
individual service plan. The case manager shall request that
proposed providers visit the person and observe the person's
program at the regional treatment center prior to the
discharge. Whenever possible, preplacement visits by the person
to proposed service sites should also be scheduled in advance of
the meeting. Members of the interdisciplinary team assembled
for the purpose of discharge planning shall include but not be
limited to the case manager, the person, the person's legal
guardian or conservator, parents and near relatives, the
person's advocate, representatives of proposed community service
providers, representatives of the regional treatment center
residential and training and habilitation services, a registered
nurse if the person has overriding medical needs that impact the
delivery of services, and a qualified mental retardation
professional specializing in behavior management if the person
to be discharged has behaviors that may result in injury to self
or others. The case manager may also invite other service
providers who have expertise in an area related to specific
service needs of the person to be discharged.
(e) The interdisciplinary team shall review the proposed
plan to assure that it identifies service needs, availability of
services, including support services, and the proposed
providers' abilities to meet the service needs identified in the
person's individual service plan. The interdisciplinary team
shall review the most recent licensing reports of the proposed
providers and corrective action taken by the proposed provider,
if required. The interdisciplinary team shall review the
current individual program plans for the person and agree to an
interim individual program plan to be followed for the first 30
days in the person's new living arrangement. The
interdisciplinary team may suggest revisions to the service
plan, and all team suggestions shall be documented. If the
person is to be discharged to a community intermediate care
facility for persons with mental retardation or related
conditions, the team shall give preference to facilities with a
licensed capacity of 15 or fewer beds. Thirty days prior to the
date of discharge, the case manager shall send a final copy of
the service plan to all invited members of the team, the
ombudsman, if the person is under public guardianship, and the
advocacy system established under United States Code, title 42,
section 6042.
(f) No discharge shall take place until disputes are
resolved under section 256.045, subdivision 4a, or until a
review by the commissioner is completed upon request of the
chief executive officer or program director of the regional
treatment center, or the county agency. For persons under
public guardianship, the ombudsman may request a review or
hearing under section 256.045. Notification schedules required
under this subdivision may be waived by members of the team when
judged urgent and with agreement of the parents or near
relatives participating as members of the interdisciplinary team.
Sec. 48. [256B.0926] [ADMISSION REVIEW TEAM FOR ADMISSIONS
TO INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL
RETARDATION OR RELATED CONDITIONS.]
Subdivision 1. [DEFINITIONS.] (a) For purposes of this
section, the following terms have the meanings given them in
this subdivision.
(b) "Provider" means a provider of community-based
intermediate care facility services for persons with mental
retardation or related conditions.
(c) "Facility" means a community-based intermediate care
facility for persons with mental retardation or related
conditions.
(d) "Person" means a person with mental retardation or
related conditions who is applying for admission to an
intermediate care facility for persons with mental retardation
or related conditions.
Subd. 2. [ADMISSION REVIEW TEAM; RESPONSIBILITIES;
COMPOSITION.] (a) Before a person is admitted to a facility, an
admission review team must assure that the provider can meet the
needs of the person as identified in the person's individual
service plan required under section 256B.092, subdivision 1.
(b) The admission review team must be assembled pursuant to
Code of Federal Regulations, title 42, section 483.440(b)(2).
The composition of the admission review team must meet the
definition of an interdisciplinary team in Code of Federal
Regulations, title 42, section 483.440. In addition, the
admission review team must meet any conditions agreed to by the
provider and the county where services are to be provided.
(c) The county in which the facility is located may
establish an admission review team which includes at least the
following:
(1) a qualified mental retardation professional, as defined
in Code of Federal Regulations, title 42, section 483.440;
(2) a representative of the county in which the provider is
located;
(3) at least one professional representing one of the
following professions: nursing, psychology, physical therapy,
or occupational therapy; and
(4) a representative of the provider.
If the county in which the facility is located does not
establish an admission review team, the provider shall establish
a team whose composition meets the definition of an
interdisciplinary team in Code of Federal Regulations, title 42,
section 483.440. The provider shall invite a representative of
the county agency where the facility is located to be a member
of the admission review team.
Subd. 3. [FACTORS TO BE CONSIDERED FOR ADMISSION.] (a) The
determination of the team to admit a person to the facility must
include, but is not limited to, consideration of the following:
(1) the preferences of the person and the person's guardian
or family for services of an intermediate care facility for
persons with mental retardation or related conditions;
(2) the ability of the provider to meet the needs of the
person according to the person's individual service plan and the
admission criteria established by the provider;
(3) the availability of a bed in the facility and of
nonresidential services required by the person as specified in
the person's individual service plan; and
(4) the need of the person for the services in the facility
to prevent placement of the person in a more restrictive setting.
(b) When there is more than one qualified person applying
for admission to the facility, the admission review team shall
determine which applicant shall be offered services first, using
the criteria established in this subdivision. The admission
review team shall document the factors that resulted in the
decision to offer services to one qualified person over
another. In cases of emergency, a review of the admission by
the admission review team must occur within the first 14 days of
placement.
Subd. 4. [INFORMATION FROM PROVIDER.] The provider must
establish admission criteria based on the level of service that
can be provided to persons seeking admission to that facility
and must provide the admission review team with the following
information:
(1) a copy of the admission and level of care criteria
adopted by the provider; and
(2) a written description of the services that are
available to the person seeking admission, including day
services, professional support services, emergency services,
available direct care staffing, supervisory and administrative
supports, quality assurance systems, and criteria established by
the provider for discharging persons from the facility.
Subd. 5. [ESTABLISHMENT OF ADMISSION REVIEW TEAM; NOTICE
TO PROVIDER.] When a county agency decides to establish
admission review teams for the intermediate care facilities for
persons with mental retardation or related conditions located in
the county, the county agency shall notify the providers of the
county agency's intent at least 60 days prior to establishing
the teams.
Sec. 49. Minnesota Statutes 1990, section 256B.431, is
amended by adding a subdivision to read:
Subd. 2p. [DOWNSIZING OF NURSING FACILITIES THAT ARE
INSTITUTIONS FOR MENTAL DISEASE.] (a) The provisions of this
subdivision apply to a nursing facility that is an institution
for mental disease and that has less than 23 licensed beds. A
nursing facility that meets these conditions may reduce its
total number of licensed beds to 16 licensed beds by July 1,
1992, by notifying the commissioner of health of the reduction
by April 1, 1992. If the nursing facility elects to reduce its
licensed beds to 16, the commissioner of health shall approve
that request effective on the date of request.
(b) The commissioner of human services must be notified by
the nursing facility of the reduction in licensed beds by April
4, 1992, and that notice must include a copy of the request for
reduction submitted to the commissioner of health.
(c) For the rate year beginning July 1, 1992, the
commissioner shall establish the operating cost payment rates
for a nursing facility that has reduced its licensed bed
capacity under this subdivision by taking into account
paragraphs (1) and (2).
(1) The commissioner must reduce the nursing facility's
nurse's aide, orderly, and attendant salaries account and the
food expense account for the reporting year ending September 30,
1991, by 50 percent of the percentage change in licensed beds.
(2) The commissioner shall adjust the nursing facility's
resident days and standardized resident days for the reporting
year ending September 30, 1991, as in clauses (i) and (ii).
(i) Resident days shall be the lesser of the nursing
facility's actual resident days for that reporting year or 5,840.
(ii) Standardized resident days shall be the lesser of the
nursing facility's actual standardized resident days or the
nursing facility's case mix score for that reporting year times
5,840.
(d) For the rate year beginning July 1, 1993, the
commissioner shall establish the operating cost payment rates
for a nursing facility that has reduced its licensed bed
capacity under this subdivision by taking into account
paragraphs (1) and (2).
(1) The commissioner must reduce the nursing facility's
account for the nurse's aide, orderly, and attendant salaries,
and its account for food expense for the reporting year ending
September 30, 1992, by 37.5 percent of the percentage change in
licensed beds.
(2) The commissioner shall adjust the nursing facility's
resident days and standardized resident days for the reporting
year ending September 30, 1992, as in clauses (i) and (ii).
(i) Resident days shall be the lesser of the nursing
facility's actual resident days for that reporting year or 5,840.
(ii) Standardized resident days shall be the lesser of the
nursing facility's actual standardized resident days or the
nursing facility's case mix score for that reporting year times
5,840.
(e) If a nursing facility reduces its total number of
licensed beds before June 28, 1991, by notifying the
commissioner of health by that date, the dates and computations
in this subdivision shall be accelerated by one year.
(f) A nursing facility eligible under this subdivision may
use the notification date and the date on which the licensed
beds are reduced for purposes of applying the provisions in
section 256B.431, subdivision 3a, paragraph (d), clause (2).
Sec. 50. Minnesota Statutes 1990, section 256B.431, is
amended by adding a subdivision to read:
Subd. 2q. [NEGOTIATED RATE CAP EXEMPTION.] A nursing
facility which requests, after January 1991, that its boarding
care beds be decertified from participation in the medical
assistance program, is not eligible for the exception to the
negotiated rate cap in section 256I.05, subdivision 2, paragraph
(c), clause (1).
Sec. 51. Minnesota Statutes 1990, section 256I.05, is
amended by adding a subdivision to read:
Subd. 10. [FOSTER CARE.] Beginning July 1, 1992, the
negotiated rate of a residence licensed as a foster home is
limited to the rate set for room and board costs provided the
foster home is not the license holder's primary residence, or
the license holder is not the primary caregiver to persons
receiving services in the negotiated rate residence, and federal
funding is available to pay for the cost of other necessary
services. For the purpose of this section, room and board costs
mean costs of providing food and shelter for eligible persons,
and includes the directly identifiable costs of:
(1) normal and special diet, food preparation and food
services;
(2) providing linen, bedding, laundering, and laundry
supplies;
(3) housekeeping, including cleaning and lavatory supplies;
(4) maintenance and operation of the residence and grounds,
including fuel, utilities, supplies, and equipment;
(5) the allocation of salaries related to these areas; and
(6) the lease or mortgage payment, property tax and
insurance, furnishings and appliances.
Sec. 52. Minnesota Statutes 1990, section 462A.02,
subdivision 13, is amended to read:
Subd. 13. "Eligible mortgagor" means a nonprofit or
cooperative housing corporation,; the department of
administration for the purpose of developing nursing home beds
under section 251.011, community-based programs as defined in
sections 252.50 and 253.28, or secure beds for mentally ill
persons under section 253.015, subdivision 2, paragraph (c); a
limited profit entity or a builder as defined by the agency in
its rules, which sponsors or constructs residential housing as
defined in subdivision 7,; or a natural person of low or
moderate income, except that the return to a limited dividend
entity shall not exceed ten percent of the capital contribution
of the investors or such lesser percentage as the agency shall
establish in its rules;, provided that residual receipts funds
of a limited dividend entity may be used for agency-approved,
housing-related investments owned by the limited dividend entity
without regard to the limitation on returns. Owners of existing
residential housing occupied by renters shall be eligible for
rehabilitation loans, only if, as a condition to the issuance of
the loan, the owner agrees to conditions established by the
agency in its rules relating to rental or other matters that
will insure that the housing will be occupied by persons and
families of low or moderate income. The agency shall require by
rules that the owner give preference to those persons of low or
moderate income who occupied the residential housing at the time
of application for the loan.
Sec. 53. [DEMONSTRATION PROJECTS.]
The commissioner shall demonstrate the development of
family foster care services for persons with developmental
disabilities in order to achieve regional treatment center
census reduction or to develop alternative placements for
persons inappropriately placed in nursing homes. For all
persons participating in this demonstration that receive
services funded by the enhanced waivered services fund, the
costs of waivered services shall not exceed an average of $120
per person per day in fiscal year 1993. The commissioner shall
demonstrate a family choice option for 100 persons with
developmental disabilities and their families in fiscal year
1992 and for 200 persons and their families in fiscal year
1993. For all persons authorized by the commissioner to receive
services under the family choice option, the cost of services
funded by the Title XIX home- and community-based waiver are
limited to an average of $35 per person per day in fiscal year
1992 with annual cost adjustments as authorized by the
legislature.
Sec. 54. [RULE REVISION.]
The commissioner must revise Minnesota Rules, parts
9545.0900 to 9545.1090, which govern facilities that provide
residential services for children with emotional handicaps. The
rule revisions must be adopted within 12 months of the effective
date of this section.
Sec. 55. [JOINT LEGISLATIVE STUDY OF RESIDENTIAL PLACEMENT
FOR CHILDREN WITH SPECIAL MENTAL HEALTH NEEDS.]
A joint legislative committee composed of members of the
house and senate shall hold interim hearings to study the need
for specialized residential treatment programs for all children
with emotional disturbance, particularly those who exhibit
violent or destructive behavior and for whom local treatment
programs are not feasible due to the small number of children
who need the services and the specialized nature of the services
required. The joint committee shall be appointed under the
rules of the house and senate and shall be drawn from membership
of the health and human services and judiciary committees in
both houses, and the house human resources division of
appropriations and the health and human services division of the
senate finance committee. The committee shall solicit
information from representatives of the commissioners of the
departments of human services, corrections, education, and
health; from the children's mental health advisory committee;
from representatives of mental health advocacy organizations,
counties, service providers, the juvenile court system, and
other interest groups. The committee shall solicit information
on the estimated number of children who need specialized
services and the extent to which these children are now being
served in other states, and shall make recommendations for
action that is needed to develop resources within Minnesota and
any cost-containment initiatives necessary for efficient use of
these resources. The joint committee shall report back to the
full legislature by December 1, 1991, with its findings and
recommendations, including recommendations on additional
mechanisms by which the commissioner shall approve out-of-state
placements of children for whom the commissioner is responsible
for payment of a portion of specialized treatment costs.
Sec. 56. [PILOT PROJECT FOR MENTAL HEALTH SERVICES
DELIVERY SYSTEM.]
(a) Upon adoption of a resolution by the Dakota county
board of commissioners, a pilot project shall be established to
design and plan a mental health services delivery system that
would reduce the number of commitments to regional treatment
centers and improve service delivery to mentally ill persons.
Dakota county will provide in-kind staff resources to study the
monetary feasibility of implementing the plan, to match the
appropriation of grant funds from the legislature.
(b) The pilot project will seek to maximize local
community-based living and treatment alternatives for Dakota
county residents who have serious and persistent mental illness,
and to create a system by which residents committed for
treatment pursuant to Minnesota Statutes, chapter 253B, would be
committed to community facilities and programs.
(c) The pilot project will offer services that are more
accessible and community-based and provide better coordination
and linkage to other services and resources in the community or
county than those that are currently provided.
(d) The pilot project will be implemented July 1, 1991.
The planning process for implementation will continue during the
1992 fiscal year. The planning process will require that new
services be developed, existing services be modified, and
numerous legislative proposals be developed for presentation to
the legislature in 1992. * (Section 56 was vetoed by the
governor.)
Sec. 57. [CHILDREN'S MENTAL HEALTH FUNDING.]
Subdivision 1. [STATEWIDE TASK FORCE.] The commissioner of
human services shall convene a task force to study the
feasibility of establishing an integrated children's mental
health fund. The task force shall consist of mental health
professionals, county social services personnel, service
providers, advocates, and parents of children who have
experienced episodes of emotional disturbance. The task force
shall also include representatives of the children's mental
health subcommittee of the state advisory council and local
coordinating councils established under Minnesota Statutes,
sections 245.487 to 245.4887. The task force shall include the
commissioners of education, health, and human services; two
members of the senate; and two members of the house of
representatives. The task force shall examine all possible
county, state, and federal sources of funds for children's
mental health with a view to designing an integrated children's
mental health fund, improving methods of coordinating and
maximizing all funding sources, and increasing federal funding.
Programs to be examined shall include, but not be limited to,
the following: medical assistance, title IV-E of the social
security act, title XX social service programs, chemical
dependency programs, education and special education programs,
and, for children with a dual diagnosis, programs for the
developmentally disabled. The task force may consult with
experts in the field, as necessary. The task force shall make a
preliminary report and recommendations on local coordination of
funding sources by January 1, 1992, to facilitate the
development of local protocols and procedures under subdivision
2. The task force shall submit a final report to the
legislature by January 1, 1993, with its findings and
recommendations.
Subd. 2. [DEVELOPMENT OF LOCAL PROTOCOLS AND
PROCEDURES.] (a) By January 1, 1992, each local children's
mental health coordinating council established under Minnesota
Statutes, section 245.4875, subdivision 6, shall establish a
task force to develop recommended protocols and procedures that
will ensure that the planning, case management, and delivery of
services for children with severe emotional disturbance are
coordinated and make the most efficient and cost-effective use
of available funding. The task force must include, at a
minimum, representatives of local school districts and county
medical assistance and mental health staff. The protocols and
procedures must be designed to:
(1) ensure that services to children are driven by the
children's needs, rather than by the availability or source of
funding for services;
(2) ensure that planning for services, case management,
service delivery, and payment for services involves coordination
of all affected agencies, providers, and funding sources; and
(2) maximize available funding by making full use of all
available funding, including medical assistance.
(b) By October 1, 1992, each council shall make
recommendations to the statewide task force established under
subdivision 1 regarding the feasibility and desirability of
methods of consolidating or pooling funding sources to ensure
that services are tailored to the specific needs of each child
and to allow greater flexibility in paying for services.
(c) By October 1, 1992, each local coordinating council
shall report to the commissioner of human services the council's
findings and the recommended protocols and procedures. The
council shall also recommend legislative changes or rule changes
that will improve local coordination and further maximize
available funding.
Subd. 3. [FINAL REPORT.] By February 15, 1993, the
commissioner of human services shall provide a report to the
legislature that describes the reports and recommendations of
the statewide task force under subdivision 1 and of the local
coordinating councils under subdivision 2, and provides the
commissioner's recommendations for legislation or other needed
changes.
Sec. 58. [INSTRUCTION TO REVISOR.]
Subdivision 1. [RENUMBERING.] The revisor of statutes
shall renumber Minnesota Statutes, section 245.4886 as section
245.4887 and Minnesota Statutes, section 245.4887 as section
245.4888, and shall correct all relevant cross-references in
Minnesota Statutes and Minnesota Rules.
Subd. 2. [INDIVIDUAL HABILITATION PLAN.] The revisor of
statutes shall delete references to "individual habilitation
plan" wherever appearing in Minnesota Statutes, chapters 252 and
252A, and sections 120.17 and 256.045.
Subd. 3. [INSTRUCTION TO REVISOR.] In the next edition of
Minnesota Statutes, the revisor of statutes is directed to
change the words "Ah-Gwah-Ching Nursing Home" wherever they
appear to "Ah-Gwah-Ching Center".
Sec. 59. [REPEALER.]
Subdivision 1. Minnesota Statutes 1990, section 245.476,
subdivisions 1, 2, and 3, are repealed.
Subd. 2. Minnesota Statutes 1990, section 252.275,
subdivision 2, is repealed effective January 1, 1992.
Sec. 61. [EFFECTIVE DATE.]
Subdivision 1. Sections 5 and 10 are effective the day
following final enactment.
Subd. 2. Section 20 is effective July 1, 1993.
Subd. 3. Section 32 is effective January 1, 1992.
Subd. 4. Section 48 is effective September 30, 1991.
ARTICLE 7
ALTERNATIVE CARE/SAIL
Section 1. Minnesota Statutes 1990, section 144A.31, is
amended to read:
144A.31 [INTERAGENCY BOARD FOR QUALITY ASSURANCE LONG-TERM
CARE PLANNING COMMITTEE.]
Subdivision 1. [INTERAGENCY BOARD LONG-TERM CARE PLANNING
COMMITTEE.] The commissioners of health and human services shall
establish, by July 1, 1983, an interagency board committee of
managerial employees of their respective departments who are
knowledgeable and employed in the areas of long-term care,
geriatric care, community services for the elderly, long-term
care facility inspection, or quality of care assurance. The
number of interagency board committee members shall not exceed
eight twelve; three four members each to represent the
commissioners of health and human services and one member each
to represent the commissioners of state planning and, housing
finance, finance, and the chair of the Minnesota board on
aging. The board shall identify long-term care issues requiring
coordinated interagency policies and shall conduct analyses,
coordinate policy development, and make recommendations to the
commissioners for effective implementation of these policies.
The commissioner of human services and the commissioner of
health or their designees shall annually alternate chairing and
convening the board committee. The board committee may utilize
the expertise and time of other individuals employed by either
each department as needed. The board committee may recommend
that the commissioners contract for services as needed.
The board committee shall meet as often as necessary to
accomplish its duties, but at least quarterly. The board
committee shall establish procedures, including public hearings,
for allowing regular opportunities for input from residents,
nursing homes consumers of long-term care services, advocates,
trade associations, facility administrators, county agency
administrators, and other interested persons.
Subd. 2. [INSPECTIONS.] No later than January 1, 1988, the
board shall develop and recommend implementation and enforcement
of an effective system to ensure quality of care in each nursing
home in the state. Quality of care includes evaluating, using
the resident's care plan, whether the resident's ability to
function is optimized and should not be measured solely by the
number or amount of services provided.
The board shall assist the commissioner of health in
developing methods to ensure that inspections and reinspections
of nursing homes are conducted with a frequency and in a manner
calculated to most effectively and appropriately fulfill its
quality assurance responsibilities and achieve the greatest
benefit to nursing home residents. The board shall identify and
recommend criteria and methods for identifying those nursing
homes that present the most serious concerns with respect to
resident health, treatment, comfort, safety, and well-being.
The commissioner of health shall require a higher frequency and
extent of inspections with respect to those nursing homes that
present the most serious concerns with respect to resident
health, treatment, comfort, safety, and well-being. These
concerns include but are not limited to: complaints about care,
safety, or rights; situations where previous inspections or
reinspections have resulted in correction orders related to
care, safety, or rights; instances of frequent change in
administration in excess of normal turnover rates; and
situations where persons involved in ownership or administration
of the nursing home have been convicted of engaging in criminal
activity. A nursing home that presents none of these concerns
or any other concern or condition recommended by the board and
established by the commissioner that poses a risk to resident
care, safety, or rights shall be inspected once every two years
for compliance with key requirements as determined by the board.
The board shall develop and recommend to the commissioners
mechanisms beyond the inspection process to protect resident
care, safety, and rights, including but not limited to
coordination with the office of health facility complaints and
the nursing home ombudsman program.
Subd. 3. [METHODS FOR DETERMINING RESIDENT CARE NEEDS.]
The board shall develop and recommend to the commissioners
definitions for levels of care and methods for determining
resident care needs for implementation on July 1, 1985, in order
to adjust payments for resident care based on the mix of
resident needs in a nursing home. The methods for determining
resident care needs shall include assessments of ability to
perform activities of daily living and assessments of medical
and therapeutic needs.
Subd. 2a. [DUTIES.] The interagency committee shall
identify long-term care issues requiring coordinated interagency
policies and shall conduct analyses, coordinate policy
development, and make recommendations to the commissioners for
effective implementation of these policies. The committee shall
refine state long-term goals, establish performance indicators,
and develop other methods or measures to evaluate program
performance, including client outcomes. The committee shall
review the effectiveness of programs in meeting their objectives.
The committee shall also:
(1) facilitate the development of regional and local bodies
to plan and coordinate regional and local services;
(2) recommend a single regional or local point of access
for persons seeking information on long-term care services;
(3) recommend changes in state funding and administrative
policies that are necessary to maximize the use of home and
community-based care and that promote the use of the least
costly alternative without sacrificing quality of care; and
(4) develop methods of identifying and serving seniors who
need minimal services to remain independent but who are likely
to develop a need for more extensive services in the absence of
these minimal services.
Subd. 2b. [GOALS OF THE COMMITTEE.] The long-term goals of
the committee are:
(1) to achieve a broad awareness and use of low-cost home
care and other residential alternatives to nursing homes;
(2) to develop a statewide system of information and
assistance to enable easy access to long-term care services;
(3) to develop sufficient alternatives to nursing homes to
serve the increased number of people needing long-term care; and
(4) to maintain the moratorium on new construction of
nursing home beds and to lower the percentage of elderly served
in institutional settings.
These goals are designed to create a new community-based
care paradigm for long-term care in Minnesota in order to
maximize independence of the older adult population, and to
ensure cost-effective use of financial and human resources.
Subd. 4. [ENFORCEMENT.] The board committee shall develop
and recommend for implementation effective methods of enforcing
quality of care standards. The board committee shall develop
and monitor, and the commissioner of human services shall
implement, a resident relocation plan that instructs a county in
which a nursing home or certified boarding care home is located
of procedures to ensure that the needs of residents in nursing
homes or certified boarding care homes about to be closed are
met. The duties of a county under the relocation plan also
apply when residents are to be discharged from a nursing home or
certified boarding care home as a result of a change in
certification, closure, or loss or termination of the facility's
medical assistance provider agreement. The resident relocation
plans and county duties required in this subdivision apply to
the voluntary or involuntary closure, or reduction in services
or size of, an intermediate care facility for the mentally
retarded. The relocation plan for intermediate care facilities
for the mentally retarded must conform to Minnesota Rules, parts
4655.6810 to 4655.6830, 9525.0015 to 9525.0165, and 9546.0010 to
9546.0060, or their successors. The commissioners of health and
human services may waive a portion of existing rules that the
commissioners determine does not apply to persons with mental
retardation or related conditions. The county shall ensure
appropriate placement of residents in licensed and certified
facilities or other alternative care such as home health care
and foster care placement. In preparing for relocation, the
board committee shall ensure that residents and their families
or guardians are involved in planning the relocation.
Subd. 5. [REPORTS.] The board committee shall prepare a
biennial report and the commissioners of health and human
services shall deliver this report to the legislature no later
than January 15, 1984, on the board's proposals and progress on
implementation of the methods required under subdivision
2 beginning January 31, 1993, listing progress, achievements,
and current goals and objectives. The commissioners shall
recommend changes in or additions to legislation necessary or
desirable to fulfill their responsibilities. The board shall
prepare an annual report and the commissioners shall deliver
this report annually to the legislature, beginning in January
1985, on the implementation of the provisions of this section.
Subd. 6. [DATA.] The interagency board may committee shall
have access to data from the commissioners of health, human
services, and public safety housing finance, and state planning
for carrying out its duties under this section. The
commissioner of health and the commissioner of human services
may each have access to data on persons, including data on
vendors of services, from the other to carry out the purposes of
this section. If the interagency board committee, the
commissioner of health, or the commissioner of human services
receives data on persons, including data on vendors of services,
that is collected, maintained, used or disseminated in an
investigation, authorized by statute and relating to enforcement
of rules or law, the board committee or the commissioner shall
not disclose that information except:
(a) pursuant to section 13.05;
(b) pursuant to statute or valid court order; or
(c) to a party named in a civil or criminal proceeding,
administrative or judicial, for preparation of defense.
Data described in this subdivision is classified as public
data upon its submission to an administrative law judge or court
in an administrative or judicial proceeding.
Subd. 7. [LONG-TERM CARE RESEARCH AND DATABASE.] The
interagency long-term care planning committee shall collect and
analyze state and national long-term care data and research,
including relevant health data and information and research
relating to long-term care and social needs, service
utilization, costs, and client outcomes. The committee shall
make recommendations to state agencies and other public and
private agencies for methods of improving coordination of
existing data, develop data needed for long-term care research,
and promote new research activities. Research and data
activities must be designed to:
(1) improve the validity and reliability of existing data
and research information;
(2) identify sources of funding and potential uses of
funding sources;
(3) evaluate the effectiveness and client outcomes of
existing programs; and
(4) identify and plan for future changes in the number,
level, and type of services needed by seniors.
Sec. 2. Minnesota Statutes 1990, section 144A.46,
subdivision 4, is amended to read:
Subd. 4. [RELATION TO OTHER REGULATORY PROGRAMS.] In the
exercise of the authority granted under sections 144A.43 to
144A.49, the commissioner shall not duplicate or replace
standards and requirements imposed under another state
regulatory program. The commissioner shall not impose
additional training or education requirements upon members of a
licensed or registered occupation or profession, except as
necessary to address or prevent problems that are unique to the
delivery of services in the home or to enforce and protect the
rights of consumers listed in section 144A.44. For home care
providers certified under the Medicare program, the state
standards must not be inconsistent with the Medicare standards
for Medicare services. The commissioner of health shall not
require a home care provider certified under the Medicare
program to comply with a rule adopted under section 144A.45 if
the home care provider is required to comply with any equivalent
federal law or regulation relating to the same subject matter.
The commissioner of health shall specify in the rules those
provisions that are not applicable to certified home care
providers. To the extent possible, the commissioner shall
coordinate the inspections required under sections 144A.45 to
144A.48 with the health facility licensure inspections required
under sections 144.50 to 144.58 or 144A.10 when the health care
facility is also licensed under the provisions of Laws 1987,
chapter 378.
Sec. 3. Minnesota Statutes 1990, section 198.007, is
amended to read:
198.007 [QUALITY ASSURANCE.]
The board shall create a utilization review committee for
each home comprised of the appropriate professionals employed by
or under contract to the home. The committee shall use the
case-mix system established under section 144.072 to assess the
appropriateness and quality of care and services provided
residents of the homes.
The board shall create an admissions committee for each
home comprised of the appropriate professionals employed by or
under contract to each home and adopt a preadmission screening
program, such as the one established under section 256B.091, for
all applicants for admission to the homes who may require
nursing or boarding care, taking into account the eligibility
requirements in section 198.022, the admissions criteria
established by board rules, and the availability of space in the
homes.
Sec. 4. Minnesota Statutes 1990, section 256.025,
subdivision 2, is amended to read:
Subd. 2. [COVERED PROGRAMS AND SERVICES.] The procedures
in this section govern payment of county agency expenditures for
benefits and services distributed under the following programs:
(1) aid to families with dependent children under sections
256.82, subdivision 1, and 256.935, subdivision 1;
(2) medical assistance under sections 256B.041, subdivision
5, and 256B.19, subdivision 1;
(3) general assistance medical care under section 256D.03,
subdivision 6;
(4) general assistance under section 256D.03, subdivision
2;
(5) work readiness under section 256D.03, subdivision 2;
(6) emergency assistance under section 256.871, subdivision
6;
(7) Minnesota supplemental aid under section 256D.36,
subdivision 1;
(8) preadmission screening and alternative care grants
under section 256B.091;
(9) work readiness services under section 256D.051;
(10) case management services under section 256.736,
subdivision 13;
(11) general assistance claims processing, medical
transportation and related costs; and
(12) medical assistance, medical transportation and related
costs.
Sec. 5. Minnesota Statutes 1990, section 256B.0625,
subdivision 2, is amended to read:
Subd. 2. [SKILLED AND INTERMEDIATE NURSING CARE.] Medical
assistance covers skilled nursing home services and services of
intermediate care facilities, including training and
habilitation services, as defined in section 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, unless (a)
the facility in which the swing bed is located is eligible as a
sole community provider, as defined in Code of Federal
Regulations, title 42, section 412.92, or the facility is a
public hospital owned by a governmental entity with 15 or fewer
licensed acute care beds; (b) the health care financing
administration approves the necessary state plan amendments; (c)
the patient was screened as provided in section 256B.091 by law;
(d) the patient no longer requires acute care services; and (e)
no nursing home beds are available within 25 miles of the
facility. The daily medical assistance payment for nursing care
for the patient in the swing bed is the statewide average
medical assistance skilled nursing care per diem as computed
annually by the commissioner on July 1 of each year.
Sec. 6. Minnesota Statutes 1990, 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 available to all residents in all areas of the
nursing home 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 or refusal to purchase special services. 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 or an
applicant's refusal to pay for a special service.
The collection and use by a nursing home of financial
information of any applicant pursuant to the a preadmission
screening program established by section 256B.091 law 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 or purchasing support services
from the nursing home as limited by section 256B.433. All
agreements must be disclosed to the commissioner 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. 7. [256.9751] [CONGREGATE HOUSING SERVICES PROJECTS.]
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the following terms have the meanings given them.
(a) [CONGREGATE HOUSING.] "Congregate housing" means
federally or locally subsidized housing, designed for the
elderly, consisting of private apartments and common areas which
can be used for activities and for serving meals.
(b) [CONGREGATE HOUSING SERVICES PROJECTS.] "Congregate
housing services project" means a project in which services are
or could be made available to older persons who live in
subsidized housing and which helps delay or prevent nursing home
placement. To be considered a congregate housing services
project, a project must have: (1) an on-site coordinator, and
(2) a plan for providing a minimum of one meal per day, for each
elderly participant, seven days a week.
(c) [ON-SITE COORDINATOR.] "On-site coordinator" means a
person who works on-site in a building or buildings and who
serves as a contact for older persons who need services,
support, and assistance in order to delay or prevent nursing
home placement.
(d) [CONGREGATE HOUSING SERVICES PROJECT PARTICIPANTS OR
PROJECT PARTICIPANTS.] "Congregate housing services project
participants" or "project participants" means elderly persons 60
years old or older, who are currently residents of, or who are
applying for residence in housing sites, and who need support
services to remain independent.
Subd. 2. [ADVISORY COMMITTEE.] An advisory committee shall
be appointed to advise the Minnesota board on aging on the
development and implementation of the congregate housing
services projects. The advisory committee shall review
procedures and provide advice and technical assistance to the
Minnesota board on aging regarding the grant program established
under this section. The advisory committee shall consist of not
more than 15 people appointed by the Minnesota board on aging,
and shall be comprised of representatives from public and
nonprofit service and housing providers and consumers from all
areas of the state. Members of the advisory committee shall not
be compensated for service.
Subd. 3. [GRANT PROGRAM.] The Minnesota board on aging
shall establish a congregate housing services grant program
which will enable communities to provide on-site coordinators to
serve as a contact for older persons who need services and
support, and assistance to access services in order to delay or
prevent nursing home placement.
Subd. 4. [USE OF GRANT FUNDS.] Grant funds shall be used
to develop and fund on-site coordinator positions. Grant funds
shall not be used to duplicate existing funds, to modify
buildings, or to purchase equipment.
Subd. 5. [GRANT ELIGIBILITY.] A public or nonprofit agency
or housing unit may apply for funds to provide a coordinator for
congregate housing services to an identified population of frail
elderly persons in a subsidized multiunit apartment building or
buildings in a community. The board shall give preference to
applicants that meet the requirements of this section, and that
have a common dining site. Local match may be required. State
money received may also be used to match federal money allocated
for congregate housing services. Grants shall be awarded to
urban and rural sites.
Subd. 6. [CRITERIA FOR SELECTION.] The Minnesota board on
aging shall select projects under this section according to the
following criteria:
(1) the extent to which the proposed project assists older
persons to age-in-place to prevent or delay nursing home
placement;
(2) the extent to which the proposed project identifies the
needs of project participants;
(3) the extent to which the proposed project identifies how
the on-site coordinator will help meet the needs of project
participants;
(4) the extent to which the proposed project assures the
availability of one meal a day, seven days a week, for
participants in need;
(5) the extent to which the proposed project demonstrates
involvement of participants and family members in the project;
and
(6) the extent to which the proposed project demonstrates
involvement of housing providers and public and private service
agencies, including area agencies on aging.
Subd. 7. [GRANT APPLICATIONS.] The Minnesota board on
aging shall request proposals for grants and award grants using
the criteria in subdivision 6. Grant applications shall include:
(1) documentation of the need for congregate services so
the residents can remain independent;
(2) a description of the resources, such as social services
and health services, that will be available in the community to
provide the necessary support services;
(3) a description of the target population, as defined in
subdivision 1, paragraph (d);
(4) a performance plan that includes written performance
objectives, outcomes, timelines, and the procedure the grantee
will use to document and measure success in meeting the
objectives; and
(5) letters of support from appropriate public and private
agencies and organizations, such as area agencies on aging and
county human service departments that demonstrate an intent to
work with and coordinate with the agency requesting a grant.
Subd. 8. [REPORT.] By January 1, 1993, the Minnesota board
on aging shall submit a report to the legislature evaluating the
programs. The report must document the project costs and
outcomes that helped delay or prevent nursing home placement.
The report must describe steps taken for quality assurance and
must also include recommendations based on the project findings.
Sec. 8. Minnesota Statutes 1990, section 256B.04,
subdivision 16, is amended to read:
Subd. 16. [PERSONAL CARE SERVICES.] (a) The commissioner
shall adopt permanent rules to implement, administer, and
operate personal care services. The rules must incorporate the
standards and requirements adopted by the commissioner of health
under section 144A.45 which are applicable to the provision of
personal care. Notwithstanding any contrary language in this
paragraph, the commissioner of human services and the
commissioner of health shall jointly promulgate rules to be
applied to the licensure of personal care services provided
under the medical assistance program. The rules shall consider
standards for personal care services that are based on the World
Institute on Disability's recommendations regarding personal
care services. These rules shall at a minimum consider the
standards and requirements adopted by the commissioner of health
under section 144A.45, which the commissioner of human services
determines are applicable to the provision of personal care
services, in addition to other standards or modifications which
the commissioner of human services determines are appropriate.
The commissioner of human services shall establish an
advisory group including personal care consumers and providers
to provide advice regarding which standards or modifications
should be adopted. The advisory group membership must include
not less than 15 members, of which at least 60 percent must be
consumers of personal care services and representatives of
recipients with various disabilities and diagnoses and ages. At
least 51 percent of the members of the advisory group must be
recipients of personal care.
The commissioner of human services may contract with the
commissioner of health to enforce the jointly promulgated
licensure rules for personal care service providers.
Prior to final promulgation of the joint rule the
commissioner of human services shall report preliminary findings
along with any comments of the advisory group and a plan for
monitoring and enforcement by the department of health to the
legislature by February 15, 1992.
Limits on the extent of personal care services that may be
provided to an individual must be based on the
cost-effectiveness of the services in relation to the costs of
inpatient hospital care, nursing home care, and other available
types of care. The rules must provide, at a minimum:
(1) that agencies be selected to contract with or employ
and train staff to provide and supervise the provision of
personal care services;
(2) that agencies employ or contract with a qualified
applicant that a qualified recipient proposes to the agency as
the recipient's choice of assistant;
(3) that agencies bill the medical assistance program for a
personal care service by a personal care assistant and
supervision by the registered nurse supervising the personal
care assistant;
(4) that agencies establish a grievance mechanism; and
(5) that agencies have a quality assurance program.
(b) For personal care assistants under contract with an
agency under paragraph (a), the provision of training and
supervision by the agency does not create an employment
relationship. The commissioner may waive the requirement for
the provision of personal care services through an agency in a
particular county, when there are less than two agencies
providing services in that county.
Sec. 9. Minnesota Statutes 1990, section 256B.0625, is
amended by adding a subdivision to read:
Subd. 6a. [HOME HEALTH SERVICES.] Home health services are
those services specified in Minnesota Rules, part 9505.0290.
Medical assistance covers home health services at a recipient's
home residence. Medical assistance does not cover home health
services at a hospital, nursing facility, intermediate care
facility, or a health care facility licensed by the commissioner
of health, unless the commissioner of human services has prior
authorized skilled nurse visits for less than 90 days for a
resident at an intermediate care facility for persons with
mental retardation, to prevent an admission to a hospital or
nursing facility. Home health services must be provided by a
Medicare certified home health agency. All nursing and home
health aide services must be provided according to section
256B.0627.
Sec. 10. Minnesota Statutes 1990, section 256B.0625,
subdivision 7, is amended to read:
Subd. 7. [PRIVATE DUTY NURSING.] Medical assistance covers
private duty nursing services in a recipient's home. Recipients
who are authorized to receive private duty nursing services in
their home may use approved hours outside of the home during
hours when normal life activities take them outside of their
home and when, without the provision of private duty nursing,
their health and safety would be jeopardized. Medical
assistance does not cover private duty nursing services at a
hospital, nursing facility, intermediate care facility, or a
health care facility licensed by the commissioner of health,
except as authorized in section 256B.64 for ventilator dependent
recipients in hospitals. Total hours of service and payment
allowed for services outside the home cannot exceed that which
is otherwise allowed in an in-home setting according to section
256B.0627. All private duty nursing services must be provided
according to the limits established under section 256B.0627.
Private duty nursing services may not be reimbursed if the nurse
is the spouse of the recipient or the parent or foster care
provider of a recipient who is under age 18, or the recipient's
legal guardian.
Sec. 11. Minnesota Statutes 1990, section 256B.0625, is
amended by adding a subdivision to read:
Subd. 19a. [PERSONAL CARE SERVICES.] Medical assistance
covers personal care services in a recipient's home. Recipients
who can direct their own care, or persons who cannot direct
their own care when accompanied by the responsible party, may
use approved hours outside the home when normal life activities
take them outside the home and when, without the provision of
personal care, their health and safety would be jeopardized.
Medical assistance does not cover personal care services at a
hospital, nursing facility, intermediate care facility or a
health care facility licensed by the commissioner of health,
except as authorized in section 256B.64 for ventilator dependent
recipients in hospitals. Total hours of service and payment
allowed for services outside the home cannot exceed that which
is otherwise allowed for personal care services in an in-home
setting according to section 256B.0627. All personal care
services must be provided according to section 256B.0627.
Personal care services may not be reimbursed if the personal
care assistant is the spouse of the recipient or the parent of a
recipient under age 18, the responsible party, the foster care
provider of a recipient who cannot direct their own care or the
recipient's legal guardian. Parents of adult recipients, adult
children of the recipient or adult siblings of the recipient may
be reimbursed for personal care services if they are granted a
waiver under section 256B.0627. An exception for foster care
providers may be made according to section 256B.0627,
subdivision 5, paragraph (j).
Sec. 12. Minnesota Statutes 1990, section 256B.0627, is
amended to read:
256B.0627 [COVERED SERVICE; HOME CARE SERVICES.]
Subdivision 1. [DEFINITION.] "Home care services" means
a medically necessary health service, determined by the
commissioner as medically necessary, that is ordered by a
physician and documented in a care plan of care that is reviewed
and revised as medically necessary by the physician at least
once every 60 days. Home care services include personal care
and nursing supervision of personal care services which is
reviewed and revised as medically necessary by the physician for
the provision of home health services, or private duty nursing,
or at least once every 365 days for personal care. Home care
services are provided to the recipient at the recipient's
residence that is a place other than a hospital or long-term
care facility or as specified in section 256B.0625. "Medically
necessary" has the meaning given in Minnesota Rules, parts
9505.0170 to 9505.0475. "Care plan" means a written description
of the services needed which shall include a detailed
description of the covered home care services, who is providing
the services, frequency of those services, and duration of those
services. The care plan shall also include expected outcomes
and goals including expected date of goal accomplishment.
Subd. 2. [SERVICES COVERED.] Home care services covered
under this section include:
(1) nursing services under section 256B.0625, subdivision
6a;
(2) private duty nursing services under section 256B.0625,
subdivision 7;
(3) home health aide services under section 256B.0625,
subdivision 6a;
(4) personal care services under section 256B.0625,
subdivision 19a; and
(5) nursing supervision of personal care services under
section 256B.0625, subdivision 19a.
Subd. 3. [PRIVATE DUTY NURSING SERVICES; WHO MAY PROVIDE.]
Private duty nursing services may be provided by a registered
nurse or licensed practical nurse who is not the recipient's
spouse, legal guardian, or parent of a minor child.
Subd. 4. [PERSONAL CARE SERVICES.] (a) Personal care
services may be provided by a qualified individual who is not
the recipient's spouse, legal guardian, or parent of a minor
child.
(b) The personal care services that are eligible for
payment are the following:
(1) bowel and bladder care;
(2) skin care to maintain the health of the skin;
(3) range of motion exercises;
(4) respiratory assistance;
(5) transfers;
(6) bathing, grooming, and hairwashing necessary for
personal hygiene;
(7) turning and positioning;
(8) assistance with furnishing medication that is normally
self-administered;
(9) application and maintenance of prosthetics and
orthotics;
(10) cleaning medical equipment;
(11) dressing or undressing;
(12) assistance with food, nutrition, and diet activities;
(13) accompanying a recipient to obtain medical diagnosis
or treatment;
(14) services provided for the recipient's personal health
and safety;
(15) helping the recipient to complete daily living skills
such as personal and oral hygiene and medication schedules;
(15) supervision and observation that are medically
necessary because of the recipient's diagnosis or disability;
and
(16) incidental household services that are an integral
part of a personal care service described in clauses (1) to (15).
(c) (b) The personal care services that are not eligible
for payment are the following:
(1) personal care services that are not in the care plan of
care developed by the supervising registered nurse in
consultation with the personal care assistants and the recipient
or family the responsible party directing the care of the
recipient;
(2) services that are not supervised by the registered
nurse;
(3) services provided bv the recipient's spouse, legal
guardian, or parent of a minor child;
(4) foster care provider of a recipient who cannot direct
their own care, unless prior authorized by the commissioner
under paragraph (j);
(4) (5) sterile procedures; and
(5) (6) injections of fluids into veins, muscles, or skin.;
(7) services provided by parents of adult recipients, adult
children, or adult siblings, unless these relatives meet one of
the following hardship criteria and the commissioner waives this
requirement:
(i) the relative resigns from a part-time or full-time job
to provide personal care for the recipient;
(ii) the relative goes from a full-time to a part-time job
with less compensation to provide personal care for the
recipient;
(iii) the relative takes a leave of absence without pay to
provide personal care for the recipient;
(iv) the relative incurs substantial expenses by providing
personal care for the recipient; or
(v) because of labor conditions, the relative is needed in
order to provide an adequate number of qualified personal care
assistants to meet the medical needs of the recipient;
(7) homemaker services that are not an integral part of a
personal care services; and
(8) home maintenance, or chore services.
Subd. 5. [LIMITATION ON PAYMENTS.] Medical assistance
payments for home care services shall be limited according to
paragraphs (a) to (e) this subdivision.
(a) [EXEMPTION FROM PAYMENT LIMITATIONS.] The level, or the
number of hours or visits of a specific service, of home health
care services to a recipient that began before and is continued
without increase on or after December 1987, shall be exempt from
the payment limitations of this section, as long as the services
are medically necessary.
(b) [LEVEL I HOME CARE LIMITS ON SERVICES WITHOUT PRIOR
AUTHORIZATION.] For all new cases after December 1987, medically
necessary home care services up to $800 may be provided in a
calendar month.
If the services in the recipient's home care plan will
exceed the $800 threshold for 30 days or less, the medically
necessary services may be provided. A recipient may receive the
following amounts of home care services during a calendar year:
(1) a total of 40 home health aide visits, skilled nurse
visits, health promotions, or health assessments under section
256B.0625, subdivision 6a; and
(2) a total of ten hours of nursing supervision under
section 256B.0625, subdivision 7 or 19a.
(c) [PRIOR AUTHORIZATION; EXCEPTIONS.] All home care
services above the limits in paragraph (b) must receive the
commissioner's prior authorization, except when:
(1) the home care services were required to treat an
emergency medical condition that if not immediately treated
could cause a recipient serious physical or mental disability,
continuation of severe pain, or death. The provider must
request retroactive authorization no later than five working
days after giving the initial service. The provider must be
able to substantiate the emergency by documentation such as
reports, notes, and admission or discharge histories;
(2) the home care services were provided on or after the
date on which the recipient's eligibility began, but before the
date on which the recipient was notified that the case was
opened. Authorization will be considered if the request is
submitted by the provider within 20 working days of the date the
recipient was notified that the case was opened; or
(3) a third party payor for home care services has denied
or adjusted a payment. Authorization requests must be submitted
by the provider within 20 working days of the notice of denial
or adjustment. A copy of the notice must be included with the
request.
(d) [RETROACTIVE AUTHORIZATION.] A request for retroactive
authorization under paragraph (c) will be evaluated according to
the same criteria applied to prior authorization requests.
Implementation of this provision shall begin no later than
October 1, 1991, except that recipients who are currently
receiving medically necessary services above the limits
established under this subdivision may have a reasonable amount
of time to arrange for waivered services under section 256B.49
or to establish an alternative living arrangement. All current
recipients shall be phased down to the limits established under
paragraph (b) on or before April 1, 1992.
(c) (e) [LEVEL II HOME CARE ASSESSMENT AND CARE PLAN.] If
the services in the recipient's home care plan exceed $800 for
more than 30 days, a public health nurse from the local
preadmission screening team shall determine the recipient's
maximum level of home care according to this paragraph. The
home care provider shall conduct an assessment and complete a
care plan using forms specified by the commissioner. For the
recipient to receive, or continue to receive, home care
services, the provider must submit evidence necessary for the
commissioner to determine the medical necessity of the home care
services. The provider shall submit to the commissioner the
assessment, the care plan, and other information necessary to
determine medical necessity such as diagnostic or testing
information, social or medical histories, and hospital or
facility discharge summaries.
(1) (f) [PRIOR AUTHORIZATION.] The public health nurse from
the local preadmission screening team shall base the
determination of the recipient's maximum level of care on the
need and eligibility of the recipient for one of the following
placements commissioner, or the commissioner's designee, shall
review the assessment, the care plan, and any additional
information that is submitted. The commissioner shall, within
30 days after receiving a request for prior authorization,
authorize home care services as follows:
(i) residential facility for persons with mental
retardation or related conditions operated under section
256B.501;
(ii) inpatient hospital care for a ventilator-dependent
recipient. "Ventilator dependent" means an individual who
receives mechanical ventilation for life support at least six
hours per day and is expected to or has been dependent for at
least 30 consecutive days; or
(iii) all other recipients not appropriate for one of the
above placements.
(2) If the recipient is eligible under clause (1)(i), the
monthly medical assistance reimbursement for home care services
shall not exceed the total monthly statewide average payment
rate for residential facilities for children or adults with
mental retardation or related conditions as appropriate for the
recipient's age and level of self-preservation as determined
according to Minnesota Rules, parts 9553.0010 to 9553.0080.
(l) [HOME HEALTH SERVICES.] All home health services
provided by a nurse or a home health aide that exceed the limits
established in paragraph (b) must be prior authorized by the
commissioner or the commissioner's designee. Prior
authorization must be based on medical necessity and
cost-effectiveness when compared with other care options.
(2) [PERSONAL CARE SERVICES.] (i) All personal care
services must be prior authorized by the commissioner or the
commissioner's designee except for the limits on supervision
established in paragraph (b). The amount of personal care
services authorized must be based on the recipient's case mix
classification according to section 256B.0911, except that a
child may not be found to be dependent in an activity of daily
living if because of the child's age an adult would either
perform the activity for the child or assist the child with the
activity and the amount of assistance needed is similar to the
assistance appropriate for a typical child of the same age.
Based on medical necessity, the commissioner may authorize:
(A) up to two times the average number of direct care hours
provided in nursing facilities for the recipient's case mix
level;
(B) up to three times the average number of direct care
hours provided in nursing facilities for recipients who have
complex medical needs;
(C) up to 60 percent of the average reimbursement rate, as
of July 1, 1991, for care provided in a regional treatment
center for recipients who have complex behaviors;
(D) up to the amount the commissioner would pay, as of July
1, 1991, for care provided in a regional treatment center for
recipients referred to the commissioner by a regional treatment
center preadmission evaluation team. For purposes of this
clause, home care services means all services provided in the
home or community that would be included in the payment to a
regional treatment center; or
(E) up to the amount medical assistance would reimburse for
facility care for recipients referred to the commissioner by a
preadmission screening team established under section 256B.091
or 256B.092.
(ii) The number of direct care hours shall be determined
according to annual cost reports which are submitted to the
department by nursing facilities each year. The average number
of direct care hours, as established by May 1, shall be
incorporated into the home care limits on July 1 each year.
(iii) The case mix level shall be determined by the
commissioner or the commissioner's designee based on information
submitted to the commissioner by the personal care provider on
forms specified by the commissioner. The forms shall be a
combination of current assessment tools developed under sections
256B.0911 and 256B.501 with an addition for seizure activity
that will assess the frequency and severity of seizure activity
and with adjustments, additions, and clarifications that are
necessary to reflect the needs and conditions of children and
nonelderly adults who need home care. The commissioner shall
establish these forms and protocols under this section and shall
use the advisory group established in section 256B.04,
subdivision 16, for consultation in establishing the forms and
protocols by October 1, 1991.
(iv) A recipient shall qualify as having complex medical
needs if they require:
(A) daily tube feedings;
(B) daily parenteral therapy;
(C) wound or decubiti care;
(D) postural drainage, percussion, nebulizer treatments,
suctioning, tracheotomy care, oxygen, mechanical ventilation;
(E) catheterization;
(F) ostomy care; or
(G) other comparable medical conditions or treatments the
commissioner determines would otherwise require institutional
care.
(v) A recipient shall qualify as having complex behavior if
the recipient exhibits on a daily basis the following:
(A) self-injurious behavior;
(B) unusual or repetitive habits;
(C) withdrawal behavior;
(D) hurtful behavior to others;
(E) socially or offensive behavior;
(F) destruction of property; or
(G) a need for constant one-to-one supervision for
self-preservation.
(vi) The complex behaviors in clauses (A) to (G) have the
meanings developed under section 256B.501.
(3) [PRIVATE DUTY NURSING SERVICES.] All private duty
nursing services shall be prior authorized by the commissioner
or the commissioner's designee. Prior authorization for private
duty nursing services shall be based on medical necessity and
cost-effectiveness when compared with alternative care options.
The commissioner may authorize medically necessary private duty
nursing services when:
(i) the recipient requires more individual and continuous
care than can be provided during a nurse visit; or
(ii) the cares are outside of the scope of services that
can be provided by a home health aide or personal care assistant.
The commissioner may authorize up to 16 hours per day of
private duty nursing services or up to 24 hours per day of
private duty nursing services until such time as the
commissioner is able to make a determination of eligibility for
recipients who are applying for home care services under the
community alternative care program developed under section
256B.49, or until it is determined that a health benefit plan is
required to pay for medically necessary nursing services.
Recipients who are eligible for the community alternative care
program may not receive more hours of nursing under this section
than would otherwise be authorized under section 256B.49.
(3) (4) [VENTILATOR-DEPENDENT RECIPIENTS.] If the recipient
is eligible under clause (1)(ii) ventilator-dependent, the
monthly medical assistance reimbursement authorization for home
care services shall not exceed the monthly cost of what the
commissioner would pay for care at the highest cost hospital
designated as a long-term hospital under the Medicare program.
For purposes of this clause, home care services means all
services provided in the home that would be included in the
payment for care at the long-term hospital.
"Ventilator-dependent" means an individual who receives
mechanical ventilation for life support at least six hours per
day and is expected to be or has been dependent for at least 30
consecutive days.
(4) If the recipient is not eligible under either clause
(1)(i) or (1)(ii), the monthly medical assistance reimbursement
for home care services shall not exceed the total monthly
statewide average payment for the case mix classification most
appropriate to the recipient. The case mix classification is
established under section 256B.431.
(5) The determination of the recipient's maximum level of
home care by the public health nurse is called a home care cost
assessment. The home care cost assessment must be requested by
the home care provider before the end of the first 30 days of
provided service and must be conducted by the public health
nurse within ten working days following request.
(6) A home care provider shall request a new home care cost
assessment when the needs of the individual have changed enough
to require that a revised care plan be implemented that will
increase costs beyond what was approved by the previous home
care cost assessment and the change is anticipated to last for
more than 30 days. The home care provider must request the home
care cost assessment before the end of the first 30 days of
provided service. Whenever a home care cost assessment is
completed, the public health nurse that completes the home care
cost assessment, in consultation with the home care provider,
(g) [PRIOR AUTHORIZATION; TIME LIMITS.] The commissioner or
the commissioner's designee shall determine the time period for
which a home care cost assessment prior authorization shall
remain valid. If the recipient continues to require home care
services beyond the limited duration of the home care cost
assessment prior authorization, the home care provider must
request a reassessment through the home care cost assessment new
prior authorization through the process described above. Under
no circumstances shall a home care cost assessment prior
authorization be valid for more than 12 months.
(7) Reimbursement for the home care cost assessment shall
be made through the Medicaid administrative authority. The
state shall pay the nonfederal share.
(h) [APPROVAL OF HOME CARE SERVICES.] The commissioner or
the commissioner's designee shall determine the medical
necessity of home care services, the level of caregiver
according to subdivision 2, and the institutional comparison
according to this subdivision, and the amount, scope, and
duration of home care services reimbursable by medical
assistance, based on the assessment, the care plan, the
recipient's age, the recipient's medical condition, and
diagnosis or disability. The commissioner may publish
additional criteria for determining medical necessity according
to section 256B.04.
(d) [LEVEL III HOME CARE.] If the home care provider
determines that the recipient's needs exceed the amount approved
for the appropriate level of care as determined in paragraph
(c), the home care provider may refer the case to the department
for a level III determination. Based on the client needs,
physician orders, diagnosis, condition, and plan of care, the
department may give prior approval for care that exceeds level
II described in paragraph (c). The amount approved shall not
exceed the maximum cost for the appropriate level of care as
determined in paragraph (c), clause (1), which will be the
maximum ICF/MR rate for intermediate care facilities for persons
with mental retardation or related conditions, or the maximum
nursing home case mix payment, or the highest hospital cost for
the state.
(i) [PRIOR AUTHORIZATION REQUESTS; TEMPORARY SERVICES.] The
department has 30 days from receipt of the request to complete
the level III determination prior authorization, during which
time it may approve the higher level while reviewing the case a
temporary level of home care service. Authorization under this
authority for a temporary level of home care services is limited
to the time specified by the commissioner.
Case reviews or approval of home care services in levels II
and III may result in assignment of a case manager.
(e) (j) [PRIOR APPROVAL AUTHORIZATION REQUIRED IN FOSTER
CARE SETTING.] Any Home care service services provided in an
adult or child foster care setting must receive prior approval
authorization by the department according to the limits
established in paragraph (b).
The commissioner may not authorize:
(1) home care services that are the responsibility of the
foster care provider under the terms of the foster care
placement agreement and administrative rules;
(2) personal care services when the foster care license
holder is also the personal care provider or personal care
assistant unless the recipient can direct the recipient's own
care, or the recipient is referred to the commissioner by a
regional treatment center preadmission evaluation team;
(3) personal care services when the responsible party is an
employee of, or under contract with, or has any direct or
indirect financial relationship with the personal care provider
or personal care assistant, unless the recipient is referred to
the commissioner by a regional treatment center preadmission
evaluation team;
(4) home care services when the number of foster care
residents is greater than four; or
(5) home care services when combined with foster care
payments, less the base rate, that exceed the total amount that
public funds would pay for the recipient's care in a medical
institution.
Subd. 6. [RECOVERY OF EXCESSIVE PAYMENTS.] The
commissioner shall seek monetary recovery from providers of
payments made for services which exceed the limits established
in this section.
Sec. 13. [256B.0628] [PRIOR AUTHORIZATION AND REVIEW OF
HOME CARE SERVICES.]
Subdivision 1. [STATE COORDINATION.] The commissioner
shall supervise the coordination of the prior authorization and
review of home care services that are reimbursed by medical
assistance.
Subd. 2. [CONTRACTOR DUTIES.] (a) The commissioner may
contract with qualified registered nurses, or qualified
agencies, to provide home care prior authorization and review
services for medical assistance recipients who are receiving
home care services.
(b) Reimbursement for the prior authorization function
shall be made through the medical assistance administrative
authority. The state shall pay the nonfederal share. The
contractor must:
(1) assess the recipient's individual need for services
required to be cared for safely in the community;
(2) ensure that a care plan that meets the recipient's
needs is developed by the appropriate agency or individual;
(3) ensure cost-effectiveness of medical assistance home
care services;
(4) recommend to the commissioner the approval or denial of
the use of medical assistance funds to pay for home care
services when home care services exceed thresholds established
by the commissioner under Minnesota Rules, parts 9505.0170 to
9505.0475;
(5) reassess the recipient's need for and level of home
care services at a frequency determined by the commissioner; and
(6) conduct on-site assessments when determined necessary
by the commissioner.
(c) In addition, the contractor may be requested by the
commissioner to:
(1) review care plans and reimbursement data for
utilization of services that exceed community-based standards
for home care, inappropriate home care services, home care
services that do not meet quality of care standards, or
unauthorized services and make appropriate referrals to the
commissioner or other appropriate entities based on the
findings;
(2) assist the recipient in obtaining services necessary to
allow the recipient to remain safely in or return to the
community;
(3) coordinate home care services with other medical
assistance services under section 256B.0625;
(4) assist the recipient with problems related to the
provision of home care services; and
(5) assure the quality of home care services.
(d) For the purposes of this section, "home care services"
means medical assistance services defined under section
256B.0625, subdivisions 6a, 7, and 19a.
Sec. 14. [256B.0911] [NURSING HOME PREADMISSION
SCREENING.]
Subdivision 1. [PURPOSE AND GOAL.] The purpose of the
preadmission screening program is to prevent or delay certified
nursing facility placements by assessing applicants and
residents and offering cost-effective alternatives appropriate
for the person's needs. Further, the goal of the program is to
contain costs associated with unnecessary certified nursing
facility admissions. The commissioners of human services and
health shall seek to maximize use of available federal and state
funds and establish the broadest program possible within the
funding available.
Subd. 2. [PERSONS REQUIRED TO BE SCREENED;
EXEMPTIONS.] All applicants to Medicaid certified nursing
facilities must be screened prior to admission, regardless of
income, assets, or funding sources, except the following:
(1) patients who, having entered acute care facilities from
certified nursing facilities, are returning to a certified
nursing facility;
(2) residents transferred from other certified nursing
facilities;
(3) individuals whose length of stay is expected to be 30
days or less based on a physician's certification, if the
facility notifies the screening team prior to admission and
provides an update to the screening team on the 30th day after
admission;
(4) individuals who have a contractual right to have their
nursing facility care paid for indefinitely by the veteran's
administration; or
(5) individuals who are enrolled in the Ebenezer/Group
Health social health maintenance organization project at the
time of application to a nursing home; or
(6) individuals who are screened by another state within
three months before admission to a certified nursing facility.
Regardless of the exemptions in clauses (2) to (6), persons
who have a diagnosis or possible diagnosis of mental illness,
mental retardation, or a related condition must be screened
before admission unless the admission prior to screening is
authorized by the local mental health authority or the local
developmental disabilities case manager, or unless authorized by
the county agency according to Public Law Number 101-508.
Persons transferred from an acute care facility to a
certified nursing facility may be admitted to the nursing
facility before screening, if authorized by the county agency;
however, the person must be screened within ten working days
after the admission.
Other persons who are not applicants to nursing facilities
must be screened if a request is made for a screening.
Subd. 3. [PERSONS RESPONSIBLE FOR CONDUCTING THE
PREADMISSION SCREENING.] (a) A local screening team shall be
established by the county agency and the county public health
nursing service of the local board of health. Each local
screening team shall be composed of a social worker and a public
health nurse from their respective county agencies. Two or more
counties may collaborate to establish a joint local screening
team or teams.
(b) Both members of the team must conduct the screening.
However, individuals who are being transferred from an acute
care facility to a certified nursing facility may be screened by
only one member of the screening team in consultation with the
other member.
(c) In assessing a person's needs, each screening team
shall have a physician available for consultation and shall
consider the assessment of the individual's attending physician,
if any. The individual's physician shall be included on the
screening team if the physician chooses to participate. Other
personnel may be included on the team as deemed appropriate by
the county agencies.
(d) If a person who has been screened must be reassessed to
assign a case mix classification because admission to a nursing
facility occurs later than the time allowed by rule following
the initial screening and assessment, the reassessment may be
completed by the public health nurse member of the screening
team.
Subd. 4. [RESPONSIBILITIES OF THE COUNTY AGENCY AND THE
SCREENING TEAM.] (a) The county agency shall:
(1) provide information and education to the general public
regarding availability of the preadmission screening program;
(2) accept referrals from individuals, families, human
service and health professionals, and hospital and nursing
facility personnel;
(3) assess the health, psychological, and social needs of
referred individuals and identify services needed to maintain
these persons in the least restrictive environments;
(4) determine if the individual screened needs nursing
facility level of care;
(5) assess active treatment needs in cooperation with:
(i) a qualified mental health professional for persons with
a primary or secondary diagnosis of mental illness; and
(ii) a qualified mental retardation professional for
persons with a primary or secondary diagnosis of mental
retardation or related conditions. For purposes of this clause,
a qualified mental retardation professional must meet the
standards for a qualified mental retardation professional in
Code of Federal Regulations, title 42, section 483.430;
(6) make recommendations for individuals screened regarding
cost-effective community services which are available to the
individual;
(7) make recommendations for individuals screened regarding
nursing home placement when there are no cost-effective
community services available;
(8) develop an individual's community care plan and provide
follow-up services as needed; and
(9) prepare and submit reports that may be required by the
commissioner of human services.
The county agency may determine in cooperation with the
local board of health that the public health nursing agency of
the local board of health is the lead agency which is
responsible for all of the activities above except clause (5).
(b) The screening team shall document that the most
cost-effective alternatives available were offered to the
individual or the individual's legal representative. For
purposes of this section, "cost-effective alternatives" means
community services and living arrangements that cost the same or
less than nursing facility care.
The screening shall be conducted within ten working days
after the date of referral or, for those approved for transfer
from an acute care facility to a certified nursing facility,
within ten working days after admission to the nursing
facility. For persons who are eligible for medical assistance
or who would be eligible within 180 days of admission to a
nursing facility and who are admitted to a nursing facility, the
nursing facility must include the screening team or the case
manager in the discharge planning process for those individuals
who the team has determined have discharge potential. The
screening team or the case manager must ensure a smooth
transition and follow-up for the individual's return to the
community.
Local screening teams shall cooperate with other public and
private agencies in the community, in order to offer a variety
of cost-effective services to the disabled and elderly. The
screening team shall encourage the use of volunteers from
families, religious organizations, social clubs, and similar
civic and service organizations to provide services.
Subd. 5. [SIMPLIFICATION OF FORMS.] The commissioner shall
minimize the number of forms required in the preadmission
screening process and shall limit the screening document to
items necessary for care plan approval, reimbursement, program
planning, evaluation, and policy development.
Subd. 6. [REIMBURSEMENT FOR PREADMISSION SCREENING.] (a)
The total screening cost for each county must be paid monthly by
certified nursing facilities in the county. The monthly amount
to be paid by each nursing facility for each fiscal year must be
determined by dividing the county's estimate of the total annual
cost of screenings allowed in the county for the following rate
year by 12 to determine the monthly cost estimate and allocating
the monthly cost estimate to each nursing facility based on the
number of licensed beds in the nursing facility.
(b) The rate allowed for a screening where two team members
are present shall be the actual costs up to $195. The rate
allowed for a screening where only one team member is present
shall be the actual costs up to $117. Annually on July 1, the
commissioner shall adjust the rate up to the percentage change
forecast in the fourth quarter of the prior calendar year by the
Home Health Agency Market Basket of Operating Costs, unless
otherwise adjusted by statute. The Home Health Agency Market
Basket of Operating Costs is published by Data Resources, Inc.
(c) The monthly cost estimate for each certified nursing
facility must be submitted to the state by the county no later
than February 15 of each year for inclusion in the nursing
facility's payment rate on the following rate year. The
commissioner shall include the reported annual estimated cost of
screenings for each nursing facility as an operating cost of
that nursing facility in accordance with section 256B.431,
subdivision 2b, paragraph (g). The monthly cost estimates
approved by the commissioner must be sent to the nursing
facility by the county no later than April 15 of each year.
(d) If in more than ten percent of the total number of
screenings performed by a county in a fiscal year for all
individuals regardless of payment source, the screening
timelines were not met because a county was late in screening
the individual, the county is solely responsible for paying the
cost of those delayed screenings that exceed ten percent.
(e) Notwithstanding section 256B.0641, overpayments
attributable to payment of the screening costs under the medical
assistance program may not be recovered from a facility.
(f) The commissioner of human services shall amend the
Minnesota medical assistance plan to include reimbursement for
the local screening teams.
Subd. 7. [REIMBURSEMENT FOR CERTIFIED NURSING FACILITIES.]
Medical assistance reimbursement for nursing facilities shall be
authorized for a medical assistance recipient only if a
preadmission screening has been conducted or the local county
agency has authorized an exemption. Medical assistance
reimbursement for nursing facilities shall not be provided for
any recipient who the local screening team has determined does
not meet the level of care criteria for nursing facility
placement.
An individual has a choice and makes the final decision
between nursing facility placement and community placement after
the screening team's recommendation. However, the local county
mental health authority or the local mental retardation
authority under Public Law Numbers 100-203 and 101-508 may
prohibit admission to a nursing facility, if the individual does
not meet the nursing facility level of care criteria or does
need active treatment as defined in Public Law Numbers 100-203
and 101-508.
Appeals from the screening team's recommendation or the
county agency's final decision shall be made according to
section 256.045, subdivision 3.
Subd. 8. [ADVISORY COMMITTEE.] The commissioner shall
appoint an advisory committee to advise the commissioner on the
preadmission screening program, the alternative care program
under section 256B.0913, and the home- and community-based
services waiver programs for the elderly and the disabled. The
advisory committee shall review policies and procedures and
provide advice and technical assistance to the commissioner
regarding the effectiveness and the efficient administration of
the programs. The advisory committee must consist of not more
than 20 people appointed by the commissioner and must be
comprised of representatives from public agencies, public and
private service providers, and consumers from all areas of the
state. Members of the advisory committee must not be
compensated for service.
Sec. 15. [256B.0913] [ALTERNATIVE CARE PROGRAM.]
Subdivision 1. [PURPOSE AND GOALS.] The purpose of the
alternative care program is to provide funding for or access to
home and community-based services for frail elderly persons, in
order to limit nursing facility placements. The program is
designed to support frail elderly persons in their desire to
remain in the community as independently and as long as possible
and to support informal caregivers in their efforts to provide
care for frail elderly people. Further, the goals of the
program are:
(1) to contain medical assistance expenditures by providing
care in the community at a cost the same or less than nursing
facility costs; and
(2) to maintain the moratorium on new construction of
nursing home beds.
Subd. 2. [ELIGIBILITY FOR SERVICES.] Alternative care
services are available to all frail older Minnesotans. This
includes:
(1) persons who are receiving medical assistance and served
under the medical assistance program or the Medicaid waiver
program;
(2) persons who would be eligible for medical assistance
within 180 days of admission to a nursing facility and served
under subdivisions 4 to 13; and
(3) persons who are paying for their services out-of-pocket.
Subd. 3. [ELIGIBILITY FOR FUNDING FOR SERVICES FOR MEDICAL
ASSISTANCE RECIPIENTS.] Funding for services for persons who are
eligible for medical assistance is available under section
256B.0627, governing home care services, or 256B.0915, governing
the Medicaid waiver for home and community-based services.
Subd. 4. [ELIGIBILITY FOR FUNDING FOR SERVICES FOR
NONMEDICAL ASSISTANCE RECIPIENTS.] (a) Funding for services
under the alternative care program is available to persons who
meet the following criteria:
(1) the person has been screened by the county screening
team or, if previously screened and served under the alternative
care program, assessed by the local county social worker or
public health nurse;
(2) the person is age 65 or older;
(3) the person would be eligible for medical assistance
within 180 days of admission to a nursing facility;
(4) the screening team would recommend nursing facility
admission or continued stay for the person if alternative care
services were not available;
(5) the person needs services that are not available at
that time in the county through other county, state, or federal
funding sources; and
(6) the monthly cost of the alternative care services
funded by the program for this person does not exceed 75 percent
of the statewide average monthly medical assistance payment for
nursing facility care at the individual's case mix
classification to which the individual would be assigned under
Minnesota Rules, parts 9549.0050 to 9549.0059.
(b) Individuals who meet the criteria in paragraph (a) and
who have been approved for alternative care funding are called
180-day eligible clients.
(c) The statewide average payment for nursing facility care
is the statewide average monthly nursing facility rate in effect
on July 1 of the fiscal year in which the cost is incurred, less
the statewide average monthly income of nursing facility
residents who are age 65 or older and who are medical assistance
recipients in the month of March of the previous fiscal year.
This monthly limit does not prohibit the 180-day eligible client
from paying for additional services needed or desired.
(d) In determining the total costs of alternative care
services for one month, the costs of all services funded by the
alternative care program, including supplies and equipment, must
be included.
(e) Alternative care funding under this subdivision is not
available for a person who is a medical assistance recipient or
who would be eligible for medical assistance without a
spend-down if the person applied, unless authorized by the
commissioner.
(f) Alternative care funding is not available for a person
who resides in a licensed nursing home or boarding care home,
except for case management services which are being provided in
support of the discharge planning process.
Subd. 5. [SERVICES COVERED UNDER ALTERNATIVE CARE.] (a)
Alternative care funding may be used for payment of costs of:
(1) adult foster care;
(2) adult day care;
(3) home health aide;
(4) homemaker services;
(5) personal care;
(6) case management;
(7) respite care;
(8) assisted living; and
(9) care-related supplies and equipment.
(b) The county agency may use up to ten percent of the
annual allocation of alternative care funding for payment of
costs of meals delivered to the home, transportation, skilled
nursing, chore services, companion services, nutrition services,
and training for direct informal caregivers. The commissioner
shall determine the impact on alternative care costs of allowing
these additional services to be provided and shall report the
findings to the legislature by February 15, 1993, including any
recommendations regarding provision of the additional services.
(c) The county agency must ensure that the funds are used
only to supplement and not supplant services available through
other public assistance or services programs.
(d) These services must be provided by a licensed provider,
a home health agency certified for reimbursement under Titles
XVIII and XIX of the Social Security Act, or by persons or
agencies employed by or contracted with the county agency or the
public health nursing agency of the local board of health.
(e) The adult foster care rate shall be considered a
difficulty of care payment and shall not include room and board.
(f) Personal care services may be provided by a personal
care provider organization. A county agency may contract with a
relative of the client to provide personal care services, but
must ensure nursing supervision. Covered personal care services
defined in section 256B.0627, subdivision 4, must meet
applicable standards in Minnesota Rules, part 9505.0335.
(g) Costs for supplies and equipment that exceed $150 per
item per month must have prior approval from the commissioner.
(h) For the purposes of this section, "assisted living"
refers to supportive services provided by a single vendor to two
or more alternative care grant clients who reside in the same
apartment building of ten or more units. These services may
include care coordination, the costs of preparing one or more
nutritionally balanced meals per day, general oversight, and
other supportive services which the vendor is licensed to
provide according to sections 144A.43 to 144A.49, and which
would otherwise be available to individual alternative care
grant clients. Reimbursement from the lead agency shall be made
to the vendor as a monthly capitated rate negotiated with the
county agency. The capitated rate shall not exceed the state
share of the average monthly medical assistance nursing facility
payment rate of the case mix resident class to which the 180-day
eligible client would be assigned under Minnesota Rules, parts
9549.0050 to 9549.0059. The capitated rate may not cover rent
and direct food costs. A person's eligibility to reside in the
building must not be contingent on the person's acceptance or
use of the assisted living services. Assisted living services
as defined in this section shall not be authorized in boarding
and lodging establishments licensed according to sections 157.01
to 157.031.
(i) For purposes of this section, companion services are
defined as nonmedical care, supervision and oversight, provided
to a functionally impaired adult. Companions may assist the
individual with such tasks as meal preparation, laundry and
shopping, but do not perform these activities as discrete
services. The provision of companion services does not entail
hands-on medical care. Providers may also perform light
housekeeping tasks which are incidental to the care and
supervision of the recipient. This service must be approved by
the case manager as part of the care plan. Companion services
must be provided by individuals or nonprofit organizations who
are under contract with the local agency to provide the
service. Any person related to the waiver recipient by blood,
marriage or adoption cannot be reimbursed under this service.
Persons providing companion services will be monitored by the
case manager.
(j) For purposes of this section, training for direct
informal caregivers is defined as a classroom or home course of
instruction which may include: transfer and lifting skills,
nutrition, personal and physical cares, home safety in a home
environment, stress reduction and management, behavioral
management, long-term care decision making, care coordination
and family dynamics. The training is provided to an informal
unpaid caregiver of a 180-day eligible client which enables the
caregiver to deliver care in a home setting with high levels of
quality. The training must be approved by the case manager as
part of the individual care plan. Individuals, agencies, and
educational facilities which provide caregiver training and
education will be monitored by the case manager.
Subd. 6. [ALTERNATIVE CARE PROGRAM ADMINISTRATION.] The
alternative care program is administered by the county agency.
This agency is the lead agency responsible for the local
administration of the alternative care program as described in
this section. However, it may contract with the public health
nursing service to be the lead agency.
Subd. 7. [CASE MANAGEMENT.] The lead agency shall appoint
a social worker from the county agency or a registered nurse
from the county public health nursing service of the local board
of health to be the case manager for any person receiving
services funded by the alternative care program. The case
manager must ensure the health and safety of the individual
client and is responsible for the cost effectiveness of the
alternative care individual care plan.
Subd. 8. [REQUIREMENTS FOR INDIVIDUAL CARE PLAN.] The case
manager shall implement the plan of care for each 180-day
eligible client and ensure that a client's service needs and
eligibility are reassessed at least every six months. The plan
shall include any services prescribed by the individual's
attending physician as necessary to allow the individual to
remain in a community setting. In developing the individual's
care plan, the case manager should include the use of volunteers
from families and neighbors, religious organizations, social
clubs, and civic and service organizations to support the formal
home care services. The county shall be held harmless for
damages or injuries sustained through the use of volunteers
under this subdivision including workers' compensation
liability. The lead agency shall provide documentation to the
commissioner verifying that the individual's alternative care is
not available at that time through any other public assistance
or service program. The lead agency shall provide documentation
in each individual's plan of care and to the commissioner that
the most cost-effective alternatives available have been offered
to the individual and that the individual was free to choose
among available qualified providers, both public and private.
Subd. 9. [CONTRACTING PROVISIONS FOR PROVIDERS.] The lead
agency shall document to the commissioner that the agency made
reasonable efforts to inform potential providers of the
anticipated need for services under the alternative care
program, including a minimum of 14 days' written advance notice
of the opportunity to be selected as a service provider and an
annual public meeting with providers to explain and review the
criteria for selection. The lead agency shall also document to
the commissioner that the agency allowed potential providers an
opportunity to be selected to contract with the county agency.
Funds reimbursed to counties under this subdivision are subject
to audit by the commissioner for fiscal and utilization control.
The lead agency must select providers for contracts or
agreements using the following criteria and other criteria
established by the county:
(1) the need for the particular services offered by the
provider;
(2) the population to be served, including the number of
clients, the length of time services will be provided, and the
medical condition of clients;
(3) the geographic area to be served;
(4) quality assurance methods, including appropriate
licensure, certification, or standards, and supervision of
employees when needed;
(5) rates for each service and unit of service exclusive of
county administrative costs;
(6) evaluation of services previously delivered by the
provider; and
(7) contract or agreement conditions, including billing
requirements, cancellation, and indemnification.
The county must evaluate its own agency services under the
criteria established for other providers. The county shall
provide a written statement of the reasons for not selecting
providers.
Subd. 10. [ALLOCATION FORMULA.] (a) The alternative care
appropriation for fiscal years 1992 and beyond shall cover only
180-day eligible clients.
(b) Prior to July 1 of each year, the commissioner shall
allocate to county agencies the state funds available for
alternative care for persons eligible under subdivision 2. The
allocation for fiscal year 1992 shall be calculated using a base
that is adjusted to exclude the medical assistance share of
alternative care expenditures. The adjusted base is calculated
by multiplying each county's allocation for fiscal year 1991 by
the percentage of county alternative care expenditures for
180-day eligible clients. The percentage is determined based on
expenditures for services rendered in fiscal year 1989 or
calendar year 1989, whichever is greater.
(c) If the county expenditures for 180-day eligible clients
are 95 percent or more of its adjusted base allocation, the
allocation for the next fiscal year is 100 percent of the
adjusted base, plus inflation to the extent that inflation is
included in the state budget.
(d) If the county expenditures for 180-day eligible clients
are less than 95 percent of its adjusted base allocation, the
allocation for the next fiscal year is the adjusted base
allocation less the amount of unspent funds below the 95 percent
level.
(e) For fiscal year 1992 only, a county may receive an
increased allocation if annualized service costs for the month
of May 1991 for 180-day eligible clients are greater than the
allocation otherwise determined. A county may apply for this
increase by reporting projected expenditures for May to the
commissioner by June 1, 1991. The amount of the allocation may
exceed the amount calculated in paragraph (b). The projected
expenditures for May must be based on actual 180-day eligible
client caseload and the individual cost of clients' care plans.
If a county does not report its expenditures for May, the amount
in paragraph (c) or (d) shall be used.
(f) Calculations for paragraphs (c) and (d) are to be made
as follows: for each county, the determination of expenditures
shall be based on payments for services rendered from April 1
through March 31 in the base year, to the extent that claims
have been submitted by June 1 of that year.
Subd. 11. [TARGETED FUNDING.] (a) The purpose of targeted
funding is to make additional money available to counties with
the greatest need. Targeted funds are not intended to be
distributed equitably among all counties, but rather, allocated
to those with long-term care strategies that meet state goals.
(b) The funds available for targeted funding shall be the
total appropriation for each fiscal year minus county
allocations determined under subdivision 10 as adjusted for any
inflation increases provided in appropriations for the biennium.
(c) The commissioner shall allocate targeted funds to
counties that demonstrate to the satisfaction of the
commissioner that they have developed feasible plans to increase
alternative care grant spending. In making targeted funding
allocations, the commissioner shall use the following priorities:
(1) counties that received a lower allocation in fiscal
year 1991 than in fiscal year 1990. Counties remain in this
priority until they have been restored to their fiscal year 1990
level plus inflation;
(2) counties that sustain a base allocation reduction for
failure to spend 95 percent of the allocation if they
demonstrate that the base reduction should be restored;
(3) counties that propose projects to divert community
residents from nursing home placement or convert nursing home
residents to community living; and
(4) counties that can otherwise justify program growth by
demonstrating the existence of waiting lists, demographically
justified needs, or other unmet needs.
(d) Counties that would receive targeted funds according to
paragraph (c) must demonstrate to the commissioner's
satisfaction that the funds would be appropriately spent by
showing how the funds would be used to further the state's
alternative care goals as described in subdivision 1, and that
the county has the administrative and service delivery
capability to use them.
(e) The commissioner shall request applications by June 1
each year, for county agencies to apply for targeted funds. The
counties selected for targeted funds shall be notified of the
amount of their additional funding by August 1 of each year.
Targeted funds allocated to a county agency in one year shall be
treated as part of the county's base allocation for that year in
determining allocations for subsequent years. No reallocations
between counties shall be made.
(f) The allocation for each year after fiscal year 1992
shall be determined using the previous fiscal year's allocation,
including any targeted funds, as the base and then applying the
criteria under subdivision 10, paragraphs (c), (d), and (f), to
the current year's expenditures.
Subd. 12. [CLIENT PREMIUMS.] (a) A premium is required for
all 180-day eligible clients to help pay for the cost of
participating in the program.
(b) The county agency must collect the premium from the
client and forward the amounts collected to the commissioner in
the manner and at the times prescribed by the commissioner.
Money collected must be deposited in the general fund and is
appropriated to the commissioner for the alternative care
program. The client must supply the county with the client's
social security number at the time of application. If a client
fails or refuses to pay the premium due, the county shall supply
the commissioner with the client's social security number and
other information the commissioner requires to collect the
premium from the client. The commissioner shall collect unpaid
premiums using the revenue recapture act in chapter 270A and
other methods available to the commissioner. The commissioner
may require counties to inform clients of the collection
procedures that may be used by the state if a premium is not
paid.
(c) The commissioner shall establish a premium schedule
ranging from $25 to $75 per month based on the client's income
and assets. The schedule is not subject to chapter 14, but the
commissioner shall publish the schedule and any later changes in
the State Register and allow a period of 20 working days from
the publication date for interested persons to comment before
adopting the schedule in final form. The commissioner shall
begin to adopt emergency or permanent rules governing client
premiums within 30 days after the effective date of this
section, including criteria for determining when services to a
client must be terminated due to failure to pay a premium.
Emergency or permanent rules governing client premiums supersede
any schedule adopted under the exemption from chapter 14 in this
section.
Subd. 13. [COUNTY ALTERNATIVE CARE BIENNIAL PLAN.] The
commissioner shall establish by rule, in accordance with chapter
14, procedures for the submittal and approval of a biennial
county plan for the administration of the alternative care
program and the coordination with other planning processes for
the older adult. In addition to the procedures in rule, this
county biennial plan shall also include:
(1) information on the administration of the preadmission
screening program;
(2) information on the administration of the home and
community-based services waivers for the elderly under section
256B.0915, and for the disabled under section 256.49;
(3) an application for targeted funds under subdivision 11;
and
(4) an optional notice of intent to apply to participate in
the long-term care projects under section 256B.0917.
Subd. 14. [REIMBURSEMENT AND RATE ADJUSTMENTS.] (a)
Reimbursement for expenditures for the alternative care services
shall be through the invoice processing procedures of the
department's Medicaid management information system (MMIS), only
with the approval of the client's case manager. To receive
reimbursement, the county or vendor must submit invoices within
120 days following the month of service. The county agency and
its vendors under contract shall not be reimbursed for services
which exceed the county allocation.
(b) If a county collects less than 50 percent of the client
premiums due under subdivision 12, the commissioner may withhold
up to three percent of the county's final alternative care
program allocation determined under subdivisions 10 and 11.
(c) Beginning July 1, 1991, the state will reimburse
counties, up to the limits of state appropriations, according to
the payment schedule in section 256.025 for the county share of
costs incurred under this subdivision on or after January 1,
1991, for individuals who would be eligible for medical
assistance within 180 days of admission to a nursing home.
(d) Annually on July 1, the commissioner must adjust the
rates allowed for alternative care services by the forecasted
percentage change in the Home Health Agency Market Basket of
Operating Costs, for the fiscal year beginning July 1, compared
to the previous fiscal year, unless otherwise adjusted by
statute. The Home Health Agency Market Basket of Operating
Costs is published by Data Resources, Inc. The forecast to be
used is the one published for the calendar quarter beginning
January 1, six months prior to the beginning of the fiscal year
for which rates are set.
Sec. 16. [256B.0915] [MEDICAID WAIVER FOR HOME AND
COMMUNITY-BASED SERVICES.]
Subdivision 1. [AUTHORITY.] The commissioner is authorized
to apply for a home and community-based services waiver for the
elderly, authorized under section 1915(c) of the Social Security
Act, in order to obtain federal financial participation to
expand the availability of services for persons who are eligible
for medical assistance. The commissioner may apply for
additional waivers or pursue other federal financial
participation which is advantageous to the state for funding
home care services for the frail elderly who are eligible for
medical assistance. The provision of waivered services to
medical assistance recipients must comply with the criteria
approved in the waiver.
Subd. 2. [SPOUSAL IMPOVERISHMENT POLICIES.] The
commissioner shall seek to amend the federal waiver and the
medical assistance state plan to allow spousal impoverishment
criteria as authorized in Code of Federal Regulations, title 42,
section 435.726(1924), and as implemented in sections 256B.0575,
256B.058, and 256B.059 to be applied to persons who are screened
and determined to need a nursing facility level of care.
Subd. 3. [LIMITS OF CASES, RATES, REIMBURSEMENT, AND
FORECASTING.] (a) The number of medical assistance waiver
recipients that a county may serve must be allocated according
to the number of medical assistance waiver cases open on July 1
of each fiscal year. Additional recipients may be served with
the approval of the commissioner.
(b) The monthly limit for the cost of waivered services to
an individual waiver client shall be the statewide average
payment rate of the case mix resident class to which the waiver
client would be assigned under medical assistance case mix
reimbursement system. The statewide average payment rate is
calculated by determining the statewide average monthly nursing
home rate effective July 1 of the fiscal year in which the cost
is incurred, less the statewide average monthly income of
nursing home residents who are age 65 or older, and who are
medical assistance recipients in the month of March of the
previous state fiscal year. The following costs must be
included in determining the total monthly costs for the waiver
client:
(1) cost of all waivered services, including extended
medical supplies and equipment; and
(2) cost of skilled nursing, home health aide, and personal
care services reimbursable by medical assistance.
(c) Medical assistance funding for skilled nursing
services, home health aide, and personal care services for
waiver recipients must be approved by the case manager and
included in the individual care plan.
(d) Expenditures for extended medical supplies and
equipment that cost over $150 per month must have the
commissioner's prior approval.
(e) Annually on July 1, the commissioner must adjust the
rates allowed for services by the forecasted percentage change
in the Home Health Agency Market Basket of Operating Costs, for
the fiscal year beginning July 1, compared to the previous
fiscal year, unless otherwise adjusted by statute. The Home
Health Agency Market Basket of Operating Costs is published by
Data Resources, Inc. The forecast to be used is the one
published for the calendar quarter beginning January 1, six
months prior to the beginning of the fiscal year for which rates
are set.
(f) Reimbursement for the medical assistance recipients
under the approved waiver shall be made from the medical
assistance account through the invoice processing procedures of
the department's Medicaid management information system (MMIS),
only with the approval of the client's case manager. The budget
for the state share of the Medicaid expenditures shall be
forecasted with the medical assistance budget, and shall be
consistent with the approved waiver.
(g) Beginning July 1, 1991, the state shall reimburse
counties according to the payment schedule in section 256.025
for the county share of costs incurred under this subdivision on
or after January 1, 1991, for individuals who are receiving
medical assistance.
Sec. 17. [256B.0917] [SENIORS' AGENDA FOR INDEPENDENT
LIVING (SAIL) PROJECTS FOR A NEW LONG-TERM CARE STRATEGY.]
Subdivision 1. [PURPOSE, MISSION, GOALS, AND OBJECTIVES.]
(a) The purpose of implementing seniors' agenda for independent
living (SAIL) projects under this section is to demonstrate a
new cooperative strategy for the long-term care system in the
state of Minnesota.
The projects are part of the initial biennial plan for a
20-year strategy. The mission of the 20-year strategy is to
create a new community-based care paradigm for long-term care in
Minnesota in order to maximize independence of the older adult
population, and to ensure cost-effective use of financial and
human resources. The goals for the 20-year strategy are to:
(1) achieve a broad awareness and use of low-cost home care
and other residential alternatives to nursing homes;
(2) develop a statewide system of information and
assistance to enable easy access to long-term care services;
(3) develop sufficient alternatives to nursing homes to
serve the increased number of people needing long-term care;
(4) maintain the moratorium on new construction of nursing
home beds and to lower the percentage of elderly served in
institutional settings; and
(5) build a community-based approach and community
commitment to delivering long-term care services for elderly
persons in their homes.
(b) The objective for the fiscal years 1992 and 1993
biennial plan is to implement at least four but not more than
six projects in anticipation of a statewide program. These
projects will begin the process of implementing: (1) a
coordinated planning and administrative process; (2) a refocused
function of the preadmission screening program; (3) the
development of additional home, community, and residential
alternatives to nursing homes; (4) a program to support the
informal caregivers for elderly persons; (5) programs to
strengthen the use of volunteers; and (6) programs to support
the building of community commitment to provide long-term care
for elderly persons.
This is done in conjunction with an expanded role of the
interagency long-term care planning committee as described in
section 144A.31. The services offered through these projects
will be available to those who have their own funds to pay for
services, as well as to persons who are eligible for medical
assistance and to persons who are 180-day eligible clients to
the extent authorized in this section.
Subd. 2. [DESIGN OF SAIL PROJECTS; LOCAL LONG-TERM CARE
COORDINATING TEAM.] (a) The commissioner of human services shall
establish SAIL projects in four to six counties or groups of
counties to demonstrate the feasibility and cost-effectiveness
of a local long-term care strategy that is consistent with the
state's long-term care goals identified in subdivision 1. The
commissioner shall publish a notice in the State Register
announcing the availability of project funding and giving
instructions for making an application. The instructions for
the application shall identify the amount of funding available
for project components.
(b) To be selected for the project, a county board, or
boards under a joint powers agreement, must establish a
long-term care coordinating team consisting of county social
service agencies, public health nursing service agencies, local
boards of health, and the area agencies on aging in a geographic
area which is responsible for:
(1) developing a local long-term care strategy consistent
with state goals and objectives;
(2) submitting an application to be selected as a project;
(3) coordinating planning for funds to provide services to
elderly persons, including funds received under Title III of the
Older Americans Act, Community Social Services Act, Title XX of
the Social Security Act and the Local Public Health Act; and
(4) ensuring efficient services provision and
nonduplication of funding.
(c) The board, or boards under a joint powers agreement,
shall designate a public agency to serve as the lead agency.
The lead agency receives and manages the project funds from the
state and is responsible for the implementation of the local
strategy. If selected as a project, the local long-term care
coordinating team must semiannually evaluate the progress of the
local long-term care strategy in meeting state measures of
performance and results as established in the contract.
(d) Each member of the local coordinating team must
indicate its endorsement of the local strategy. The local
long-term care coordinating team may include in its membership
other units of government which provide funding for services to
the frail elderly. The team must cooperate with consumers and
other public and private agencies, including nursing homes, in
the geographic area in order to develop and offer a variety of
cost-effective services to the elderly and their caregivers.
(e) The board, or boards under a joint powers agreement,
shall apply to be selected as a project. If the project is
selected, the commissioner of human services shall contract with
the lead agency for the project and shall provide additional
administrative funds for implementing the provisions of the
contract, within the appropriation available for this purpose.
(f) Projects shall be selected according to the following
conditions:
(1) No project may be selected unless it demonstrates that:
(i) the objectives of the local project will help to
achieve the state's long-term care goals as defined in
subdivision 1;
(ii) in the case of a project submitted jointly by several
counties, all of the participating counties are contiguous;
(iii) there is a designated local lead agency that is
empowered to make contracts with the state and local vendors on
behalf of all participants;
(iv) the project proposal demonstrates that the local
cooperating agencies have the ability to perform the project as
described and that the implementation of the project has a
reasonable chance of achieving its objectives;
(v) the project will serve an area that covers at least
four counties or contains at least 2,500 persons who are 85
years of age or older, according to the projections of the state
demographer or the census if the data is more recent; and
(vi) the local coordinating team documents efforts of
cooperation with consumers and other agencies and organizations,
both public and private, in planning for service delivery.
(2) If only two projects are selected, at least one of them
must be from a metropolitan statistical area as determined by
the United States Census Bureau; if three or four projects are
selected, at least one but not more than two projects must be
from a metropolitan statistical area; and if more than four
projects are selected, at least two but not more than three
projects must be from a metropolitan statistical area.
(3) Counties or groups of counties that submit a proposal
for a project shall be assigned to types defined by
institutional utilization rate and population growth rate in the
following manner:
(i) Each county or group of counties shall be measured by
the utilization rate of nursing homes and boarding care homes
and by the projected growth rate of its population aged 85 and
over between 1990 and 2000. For the purposes of this section,
"utilization rate" means the proportion of the seniors aged 65
or older in the county or group of counties who reside in a
licensed nursing home or boarding care home as determined by the
most recent census of residents available from the department of
health and the population estimates of the state demographer or
the census, whichever is more recent. The "projected growth
rate" is the rate of change in the county or group of counties
of the population group aged 85 or older between 1990 and 2000
according to the projections of the state demographer.
(ii) The institutional utilization rate of a county or
group of counties shall be converted to a category by assigning
a "high utilization" category if the rate is above the median
rate of all counties, and a "low utilization" category
otherwise. The projected growth rate of a county or group of
counties shall be converted to a category by assigning a score
of "high growth" category if the rate is above the median rate
of all counties, and a "low growth" category otherwise.
(iii) Types of areas shall be defined by the four
combinations of the scores defined in item (ii): type 1 is low
utilization - high growth, type 2 is high utilization - high
growth, type 3 is high utilization - low growth, and type 4 is
low utilization - low growth. Each county or group of counties
making a proposal shall be assigned to one of these types.
(4) Projects shall be selected from each of the types in
the order that the types are listed in paragraph 3, item (iii),
with available funding allocated to projects until it is
exhausted, with no more than 30 percent of available funding
allocated to any one project. Available funding includes state
administrative funds which have been appropriated for screening
functions in subdivision 4, paragraph (b), clause (3), and for
service developers and incentive grants in subdivision 5.
(5) If more than one county or group of counties within one
of the types defined by paragraph (3) proposes a special project
that meets all of the other conditions in paragraphs (1) and
(2), the project that demonstrates the most cost-effective
proposals in terms of the number of nursing home placements that
can be expected to be diverted or converted to alternative care
services per unit of cost shall be selected.
Subd. 3. [LOCAL LONG-TERM CARE STRATEGY.] The local
long-term care strategy must list performance outcomes and
indicators which meet the state's objectives. The local
strategy must provide for:
(1) accessible information, assessment, and preadmission
screening activities as described in subdivision 4;
(2) an application for expansion of alternative care
targeted funds under section 256B.0913, for serving 180-day
eligible clients, including those who are relocated from nursing
homes;
(3) the development of additional services such as adult
family foster care homes; family adult day care; assisted living
projects and congregate housing service projects in apartment
buildings; expanded home care services for evenings and
weekends; expanded volunteer services; and caregiver support and
respite care projects; and
(4) development and implementation of strategies for
advocating, promoting, and developing long-term care insurance
and encouraging insurance companies to offer long-term care
insurance policies that are affordable and offer a wide range of
benefits.
The county or groups of counties selected for the projects
shall be required to comply with federal regulations,
alternative care funding policies in section 256B.0913, and the
federal waiver programs' policies in section 256B.0915. The
requirements for preadmission screening as defined in section
256B.0911, subdivisions 1 to 6, are waived for those counties
selected as part of a long-term care strategy project. For
persons who are eligible for medical assistance or who are
180-day eligible clients and who are screened after nursing
facility admission, the nursing facility must include a screener
in the discharge planning process for those individuals who the
screener has determined have discharge potential. The agency
responsible for the screening function in subdivision 4 must
ensure a smooth transition and follow-up for the individual's
return to the community. Requirements for an access, screening,
and assessment function replace the preadmission screening
requirements and are defined in subdivision 4. Requirements for
the service development and service provision are defined in
subdivision 5.
Subd. 4. [ACCESSIBLE INFORMATION, SCREENING, AND
ASSESSMENT FUNCTION.] (a) The projects selected by and under
contract with the commissioner shall establish an accessible
information, screening, and assessment function for persons who
need assistance and information regarding long-term care. This
accessible information, screening, and assessment activity shall
include information and referral, early intervention, follow-up
contacts, telephone triage as defined in paragraph (f), home
visits, assessments, preadmission screening, and relocation case
management for the frail elderly and their caregivers in the
area served by the county or counties. The purpose is to ensure
that information and help is provided to elderly persons and
their families in a timely fashion, when they are making
decisions about long-term care. These functions may be split
among various agencies, but must be coordinated by the local
long-term care coordinating team.
(b) Accessible information, screening, and assessment
functions shall be reimbursed as follows:
(1) The screenings of all persons entering nursing homes
shall be reimbursed by the nursing homes in the counties of the
project, through the same policy that is in place in fiscal year
1992 as established in section 256B.0911. The amount a nursing
home pays to the county agency is that amount identified and
approved in the February 15, 1991, estimated number of
screenings and associated expenditures. This amount remains the
same for fiscal year 1993;
(2) The level I screenings and the level II assessments
required by Public Law Numbers 100-203 and 101-508 (OBRA) for
persons with mental illness, mental retardation, or related
conditions, are reimbursed through administrative funds with 75
percent federal funds and 25 percent state funds, as allowed by
federal regulations and established in the contract; and
(3) Additional state administrative funds shall be
available for the access, screening, and assessment activities
that are not reimbursed under clauses (1) and (2). This amount
shall not exceed the amount authorized in the guidelines and in
instructions for the application and must be within the amount
appropriated for this activity.
(c) The amounts available under paragraph (b) are available
to the county or counties involved in the project to cover staff
salaries and expenses to provide the services in this
subdivision. The lead agency shall employ, or contract with
other agencies to employ, within the limits of available
funding, sufficient personnel to provide the services listed in
this subdivision.
(d) Any information and referral functions funded by other
sources, such as Title III of the Older Americans Act and Title
XX of the Social Security Act and the Community Social Services
Act, shall be considered by the local long-term care
coordinating team in establishing this function to avoid
duplication and to ensure access to information for persons
needing help and information regarding long-term care.
(e) The staffing for the screening and assessment function
must include, but is not limited to, a county social worker and
a county public health nurse. The social worker and public
health nurse are responsible for all assessments that are
required to be completed by a professional. However, only one
of these professionals is required to be present for the
assessment.
(f) All persons entering a Medicaid certified nursing home
or boarding care home must be screened through an assessment
process, although the decision to conduct a face-to-face
interview is left with the county social worker and the county
public health nurse. All applicants to nursing homes must be
screened and approved for admission by the county social worker
or the county public health nurse named by the lead agency or
the agencies which are under contract with the lead agency to
manage the access, screening, and assessment functions. For
applicants who have a diagnosis of mental illness, mental
retardation, or a related condition, and are subject to the
provisions of Public Law Numbers 100-203 and 101-508, their
admission must be approved by the local mental health authority
or the local developmental disabilities case manager.
The commissioner shall develop instructions and assessment
forms for telephone triage and on-site screenings to ensure that
federal regulations and waiver provisions are met.
For purposes of this section, the term "telephone triage"
refers to a telephone or face-to-face consultation between
health care and social service professionals during which the
clients' circumstances are reviewed and the county agency
professional sorts the individual into categories: (1) needs no
screening, (2) needs an immediate screening, or (3) needs a
screening after admission to a nursing home or after a return
home. The county agency professional shall authorize admission
to a nursing home according to the provisions in section
256B.0911, subdivision 7.
(g) The requirements for case mix assessments by a
preadmission screening team may be waived and the nursing home
shall complete the case mix assessments which are not conducted
by the county public health nurse according to the procedures
established under Minnesota Rules, part 9549.0059. The
appropriate county or the lead agency is responsible for
distributing the quality assurance and review form for all new
applicants to nursing homes.
(h) The lead agency or the agencies under contract with the
lead agency which are responsible for the accessible
information, screening, and assessment function must complete
the forms and reports required by the commissioner as specified
in the contract.
Subd. 5. [SERVICE DEVELOPMENT AND SERVICE DELIVERY.] (a)
In addition to the access, screening, and assessment activity,
each local strategy may include provisions for the following:
(1) expansion of alternative care to serve an increased
caseload, over the fiscal year 1991 average caseload, of at
least 100 persons each year who are assessed prior to nursing
home admission and persons who are relocated from nursing homes,
which results in a reduction of the medical assistance nursing
home caseload;
(2) the addition of a full-time staff person who is
responsible to develop the following services and recruit
providers as established in the contract:
(i) additional adult family foster care homes;
(ii) family adult day care providers as defined in section
256B.0919, subdivision 2;
(iii) an assisted living program in an apartment;
(iv) a congregate housing service project in a subsidized
housing project; and
(v) the expansion of evening and weekend coverage of home
care services as deemed necessary by the local strategic plan;
(3) small incentive grants to new adult family care
providers for renovations needed to meet licensure requirements;
(4) a plan to apply for a congregate housing service
project as identified in section 256.9751, authorized by the
Minnesota board on aging, to the extent that funds are
available;
(5) a plan to divert new applicants to nursing homes and to
relocate a targeted population from nursing homes, using the
individual's own resources or the funding available for
services;
(6) one or more caregiver support and respite care
projects, as described in subdivision 6; and
(7) one or more living-at-home/block nurse projects, as
described in subdivisions 7 to 10.
(b) The expansion of alternative care clients under
paragraph (a) shall be accomplished with the funds provided
under section 256B.0913, and includes the allocation of targeted
funds. The funding for all participating counties must be
coordinated by the local long-term care coordinating team and
must be part of the local long-term care strategy. Each county
retains responsibility for reimbursement as defined in section
256B.0913, subdivision 12. All other requirements for the
alternative care program must be met unless an exception is
provided in this section. The commissioner may establish by
contract a reimbursement mechanism for alternative care that
does not require invoice processing through the medical
assistance management information system (MMIS). The
commissioner and local agencies must assure that the same client
and reimbursement data is obtained as is available under MMIS.
(c) The administration of these components is the
responsibility of the agencies selected by the local
coordinating team and under contract with the local lead
agency. However, administrative funds for paragraph (a),
clauses (2) to (5), and grant funds for paragraph (a), clauses
(6) and (7), shall be granted to the local lead agency. The
funding available for each component is based on the plan
submitted and the amount negotiated in the contract.
Subd. 6. [STATEWIDE CAREGIVER SUPPORT AND RESPITE CARE
RESOURCE CENTER; CAREGIVER SUPPORT AND RESPITE CARE PROJECTS.]
(a) The commissioner shall establish and maintain a statewide
resource center for caregiver support and respite care. The
resource center shall:
(1) provide information, technical assistance, and training
statewide to county agencies and organizations on direct service
models of caregiver support and respite care services;
(2) identify and address issues, concerns, and gaps in the
statewide network for caregiver support and respite care;
(3) maintain a statewide caregiver support and respite care
directory;
(4) educate caregivers on the availability and use of
caregiver and respite care services;
(5) promote and expand caregiver training and support
groups using existing networks when possible; and
(6) apply for and manage grants related to caregiver
support and respite care.
(b) The commissioner shall establish up to 36 projects to
expand the respite care network in the state and to support
caregivers in their responsibilities for care. The purpose of
each project shall be to:
(1) establish a local coordinated network of volunteer and
paid respite workers;
(2) coordinate assignment of respite workers to clients and
care receivers and assure the health and safety of the client;
and
(3) provide training for caregivers and ensure that support
groups are available in the community.
(c) The caregiver support and respite care funds shall be
available to the four to six local long-term care strategy
projects designated in subdivisions 1 to 5.
(d) The commissioner shall publish a notice in the State
Register to solicit proposals from public or private nonprofit
agencies for the projects not included in the four to six local
long-term care strategy projects defined in subdivision 2. A
county agency may, alone or in combination with other county
agencies, apply for caregiver support and respite care project
funds. A public or nonprofit agency may apply for project funds
if the agency has a letter of agreement with the county or
counties in which services will be developed, stating the
intention of the county or counties to coordinate their
activities with the agency requesting a grant.
(e) The commissioner shall select grantees based on the
following criteria:
(1) the ability of the proposal to demonstrate need in the
area served, as evidenced by a community needs assessment or
other demographic data;
(2) the ability of the proposal to clearly describe how the
project will achieve the purpose defined in paragraph (b);
(3) the ability of the proposal to reach underserved
populations;
(4) the ability of the proposal to demonstrate community
commitment to the project, as evidenced by letters of support
and cooperation as well as formation of a community task force;
(5) the ability of the proposal to clearly describe the
process for recruiting, training, and retraining volunteers; and
(6) the inclusion in the proposal of the plan to promote
the project in the community, including outreach to persons
needing the services.
(f) Funds for all projects under this subdivision may be
used to:
(1) hire a coordinator to develop a coordinated network of
volunteer and paid respite care services and assign workers to
clients;
(2) recruit and train volunteer providers;
(3) train caregivers;
(4) ensure the development of support groups for
caregivers;
(5) advertise the availability of the caregiver support and
respite care project; and
(6) purchase equipment to maintain a system of assigning
workers to clients.
(g) Project funds may not be used to supplant existing
funding sources.
(h) An advisory committee shall be appointed to advise the
caregiver support project on the development and implementation
of the caregiver support and respite care services projects.
The advisory committee shall review procedures and provide
advice and technical assistance to the caregiver support project
regarding the grant program established under this section.
The advisory committee shall consist of not more than 16
people appointed by the commissioner and shall be comprised of
representatives from public and private agencies, service
providers and consumers from all areas of the state.
Members of the advisory committee shall not be compensated
for service.
Subd. 7. [CONTRACT.] The commissioner of human services
shall execute a contract with an organization experienced in
establishing and operating community-based programs that have
used the principles listed in subdivision 8, paragraph (b), in
order to meet the independent living and health needs of senior
citizens aged 65 and over and provide community-based long-term
care for senior citizens in their homes. The organization
awarded the contract shall:
(1) assist the commissioner in developing criteria for and
in awarding grants to establish community-based organizations
that will implement living-at-home/block nurse programs
throughout the state;
(2) assist the commissioner in awarding grants to enable
current living-at-home/block nurse programs to implement the
combined living-at-home/block nurse program model;
(3) serve as a state technical assistance center to assist
and coordinate the living-at-home/block nurse programs
established; and
(4) develop the implementation plan required by subdivision
10.
Subd. 8. [LIVING-AT-HOME/BLOCK NURSE PROGRAM GRANT.] (a)
The commissioner, in cooperation with the organization awarded
the contract under subdivision 7, shall develop and administer a
grant program to establish seven to ten community-based
organizations that will implement living-at-home/block nurse
programs that are designed to enable senior citizens to live as
independently as possible in their homes and in their
communities. Up to seven of the programs must be in counties
outside the seven-county metropolitan area. The
living-at-home/block nurse program funds shall be available to
the four to six SAIL projects established under this section.
Nonprofit organizations and units of local government are
eligible to apply for grants to establish the community
organizations that will implement living-at-home/block nurse
programs. In awarding grants, the commissioner shall give
preference to nonprofit organizations and units of local
government from communities that:
(1) have high nursing home occupancy rates;
(2) have a shortage of health care professionals; and
(3) meet other criteria established by the commissioner, in
consultation with the organization under contract.
(b) Grant applicants must also meet the following criteria:
(1) the local community demonstrates a readiness to
establish a community model of care, including the formation of
a board of directors, advisory committee, or similar group, of
which at least two-thirds is comprised of community citizens
interested in community-based care for older persons;
(2) the program has sponsorship by a credible,
representative organization within the community;
(3) the program has defined specific geographic boundaries
and defined its organization, staffing and coordination/delivery
of services;
(4) the program demonstrates a team approach to
coordination and care, ensuring that the older adult
participants, their families, the formal and informal providers
are all part of the effort to plan and provide services; and
(5) the program provides assurances that all community
resources and funding will be coordinated and that other funding
sources will be maximized, including a person's own resources.
(c) Grant applicants must provide a minimum of five percent
of total estimated development costs from local community
funding. Grants shall be awarded for two-year periods, and the
base amount shall not exceed $40,000 per applicant for the grant
period. The commissioner, in consultation with the organization
under contract, may increase the grant amount for applicants
from communities that have socioeconomic characteristics that
indicate a higher level of need for development assistance.
(d) Each living-at-home/block nurse program shall be
designed by representatives of the communities being served to
ensure that the program addresses the specific needs of the
community residents. The programs must be designed to:
(1) incorporate the basic community, organizational, and
service delivery principles of the living-at-home/block nurse
program model;
(2) provide senior citizens with registered nurse directed
assessment, provision and coordination of health and personal
care services on a sliding fee basis as an alternative to
expensive nursing home care;
(3) provide information, support services, homemaking
services, counseling, and training for the client and family
caregivers;
(4) encourage the development and use of respite care,
caregiver support, and in-home support programs, such as adult
foster care and in-home adult day care;
(5) encourage neighborhood residents and local
organizations to collaborate in meeting the needs of senior
citizens in their communities;
(6) recruit, train, and direct the use of volunteers to
provide informal services and other appropriate support to
senior citizens and their caregivers; and
(7) provide coordination and management of formal and
informal services to senior citizens and their families using
less expensive alternatives.
Subd. 9. [STATE TECHNICAL ASSISTANCE CENTER.] The
organization under contract shall be the state technical
assistance center to provide orientation and technical
assistance, and to coordinate the living-at-home/block nurse
programs established. The state resource center shall:
(1) provide communities with criteria in planning and
designing their living-at-home/block nurse programs;
(2) provide general orientation and technical assistance to
communities who desire to establish living-at-home/block nurse
programs;
(3) provide ongoing analysis and data collection of
existing and newly established living-at-home/block nurse
programs and provide data to the organization performing the
independent assessment; and
(4) serve as the living-at-home/block nurse programs'
liaison to the legislature and other state agencies.
Subd. 10. [IMPLEMENTATION PLAN.] The organization under
contract shall develop a plan that specifies a strategy for
implementing living-at-home/block nurse programs statewide. The
plan must also analyze the data collected by the state technical
assistance center and describe the effectiveness of services
provided by living-at-home/block nurse programs, including the
program's impact on acute care costs. The organization shall
report to the commissioner of human services and to the
legislature by January 1, 1993.
Subd. 11. [EVALUATION AND EXPANSION.] The commissioner
shall evaluate the success of the projects against the objective
stated in subdivision 1, paragraph (b), and recommend to the
legislature the continuation or expansion of the long-term care
strategy by February 15, 1993.
Subd. 12. [PUBLIC AWARENESS CAMPAIGN.] The commissioner,
with assistance from the commissioner of health and with the
advice of the long-term care planning committee, shall contract
for a public awareness campaign to educate the general public,
seniors, consumers, caregivers, and professionals about the
aging process, the long-term care system, and alternatives
available including alternative care and residential
alternatives. Particular emphasis will be given to informing
consumers on how to access the alternatives and obtain
information on the long-term care system. The commissioner
shall pursue the development of new names for preadmission
screening, alternative care, and foster care.
Sec. 18. [256B.0919] [ADULT FOSTER CARE AND FAMILY ADULT
DAY CARE.]
Subdivision 1. [ADULT FOSTER CARE LICENSURE
CAPACITY.] Notwithstanding contrary provisions of the human
services licensing act and rules adopted under it, an adult
foster care license holder may care for five adults age 60 years
or older who do not have serious and persistent mental illness
or a developmental disability. The license holder under this
section shall not be a corporate business which operates more
than two facilities.
Subd. 2. [ADULT FOSTER CARE; FAMILY ADULT DAY CARE.] An
adult foster care license holder who is not providing care to
persons with serious and persistent mental illness or
developmental disabilities may also provide family adult day
care for adults age 60 years or older who do not have serious
and persistent mental illness or a developmental disability.
The maximum combined license capacity for adult foster care and
family adult day care is five adults. A separate license is not
required to provide family adult day care under this
subdivision. Foster care homes providing services to five
adults shall not be subject to licensure by the commissioner of
health under the provisions of chapter 144, 144A, 157, or any
other law requiring facility licensure by the commissioner of
health.
Subd. 3. [COUNTY CERTIFICATION OF PERSONS PROVIDING ADULT
FOSTER CARE TO RELATED PERSONS.] A person exempt from licensure
under section 245A.03, subdivision 2, who provides adult foster
care to a related individual age 65 and older, and who meets the
requirements in Minnesota Rules, parts 9555.5105 to 9555.6265,
may be certified by the county to provide adult foster care. A
person certified by the county to provide adult foster care may
be reimbursed for services provided and eligible for funding
under sections 256B.0913 and 256B.0915, if the relative would
suffer a financial hardship as a result of providing care. For
purposes of this subdivision, financial hardship refers to a
situation in which a relative incurs a substantial reduction in
income because he or she resigns from a full-time job or takes a
leave of absence without pay from a full-time job to care for
the client.
Sec. 19. Minnesota Statutes 1990, section 256B.093, is
amended to read:
256B.093 [SERVICES FOR PERSONS WITH TRAUMATIC BRAIN
INJURIES.]
Subdivision 1. [STATE COORDINATOR.] The commissioner of
human services shall designate a full-time position within the
long-term care management division of the department of human
services to supervise and coordinate services for persons
with traumatic brain injuries.
An advisory committee shall be established to provide
recommendations to the department regarding program and service
needs of persons with traumatic brain injuries.
Subd. 2. [ELIGIBILITY.] The commissioner may contract with
qualified agencies or persons employ staff to provide statewide
case management services to medical assistance recipients who
are at risk of institutionalization and meet one of the
following criteria:
(a) The person has a who have traumatic brain injury.
(b) The person is receiving home care services or is in an
institution and has a discharge plan requiring the provision of
home care services and meets one of the following criteria:
(1) the person suffers from a brain abnormality or
degenerative brain disease resulting in significant destruction
of brain tissue and loss of brain function that requires
extensive services over an extended period of time;
(2) the person is unable to direct the person's own care;
(3) the person has medical home care costs that exceed
thresholds established by the commissioner under Minnesota
Rules, parts 9505.0170 to 9505.0475;
(4) the person is eligible for medical assistance under the
option for certain disabled children in section 134 of the Tax
Equity and Fiscal Responsibility Act of 1982 (TEFRA);
(5) the person receives home care from two or more
providers who are unable to effectively coordinate the services;
or
(6) the person has received or will receive home care
services for longer than six months.
Subd. 3. [CASE MANAGEMENT DUTIES.] The department shall
fund the case management contracts under this subdivision using
medical assistance administrative funds. The contractor must
Case management duties include:
(1) assess assessing the person's individual needs for
services required to prevent institutionalization;
(2) assure ensuring that a care plan that meets addresses
the person's needs is developed, implemented, and monitored on
an ongoing basis by the appropriate agency or individual;
(3) assist assisting the person in obtaining services
necessary to allow the person to remain in the community;
(4) coordinate coordinating home care services with other
medical assistance services under section 256B.0625;
(5) assure cost effectiveness of ensuring appropriate,
accessible, and cost-effective medical assistance services;
(6) make recommendations recommending to the commissioner
on the approval or denial of the use of medical assistance funds
to pay for home care services when home care services exceed
thresholds established by the commissioner under Minnesota
Rules, parts 9505.0170 to 9505.0475;
(7) assist assisting the person with problems related to
the provision of home care services;
(8) assure ensuring the quality of home care services; and
(9) reassess reassessing the person's need for and level of
home care services at a frequency determined by the
commissioner; and
(10) recommending to the commissioner the approval or
denial of medical assistance funds for out-of-state placements
for traumatic brain injury services.
Subd. 4. [DEFINITIONS.] For purposes of this section, the
following definitions apply:
(a) "Traumatic brain injury" means a sudden insult or
damage to the brain or its coverings, not of a degenerative or
congenital nature. The insult or damage may produce an altered
state of consciousness or and may result in a decrease in
mental, cognitive, behavioral, emotional, or physical
functioning resulting in partial or total disability.
(b) "Home care services" means medical assistance home care
services defined under section 256B.0625, subdivisions 6 6a, 7,
and 19 19a.
Sec. 20. Minnesota Statutes 1990, section 256B.64, is
amended to read:
256B.64 [ATTENDANTS TO VENTILATOR-DEPENDENT RECIPIENTS.]
A ventilator-dependent recipient of medical assistance who
has been receiving the services of a private duty nurse or
personal care assistant in the recipient's home may continue to
have a private duty nurse or personal care assistant present
upon admission to a hospital licensed under chapter 144. The
personal care assistant or private duty nurse shall perform only
the services of communicator or interpreter for the
ventilator-dependent patient during a transition period of up to
120 hours to assure adequate training of the hospital staff to
communicate with the patient and to understand the unique
comfort, safety, and personal care needs of the patient. The
personal care assistant or private duty nurse may offer
nonbinding advice to the health care professionals in charge of
the ventilator-dependent patient's care and treatment on matters
pertaining to the comfort and safety of the patient. After the
120 hour transition period, an assessment may be made by the
ventilator-dependent patient, the attending physician, and the
patient's primary care nurse to determine whether continued
services of communicator or interpreter for the patient by the
private duty nurse or personal care assistant are necessary and
appropriate for the patient's needs. If continued service is
necessary and appropriate, the physician must certify this need
to the commissioner of human services in order for payments to
continue. Within 36 hours of the end of the 120-hour transition
period, an assessment may be made by the ventilator-dependent
recipient, the attending physician, and the hospital staff
caring for the recipient. If the persons making the assessment
determine that additional communicator or interpreter services
are medically necessary, the hospital must contact the
commissioner 24 hours prior to the end of the 120-hour
transition period and submit the assessment information to the
commissioner. The commissioner shall review the request and
determine if it is medically necessary to continue the
interpreter services or if the hospital staff has had sufficient
opportunity to adequately determine the needs of the patient.
The commissioner shall determine if continued service is
necessary and appropriate and whether or not payments shall
continue. The commissioner may not authorize services beyond
the limits of the available appropriations for this section.
The commissioner may adopt rules necessary to implement this
section. Reimbursement under this section must be at the
payment rate and in a manner consistent with the payment rate
and manner used in reimbursing these providers for home care
services for the ventilator-dependent recipient under the
medical assistance program.
Sec. 21. Minnesota Statutes 1990, section 256D.44, is
amended by adding a subdivision to read:
Subd. 7. [RATE LIMITATION; WAIVERED SERVICES ELIGIBILITY.]
If a current negotiated rate for a foster care placement is for
an individual who is eligible for the home and community-based
services waiver for the elderly, the negotiated rate must
include only the room and board portion of the rate. The room
and board portion of the negotiated rate is an amount equal to
the difference between the medical assistance income limit for a
single disabled or aged adult minus the amount of the medical
assistance personal needs allowance for persons residing in a
nursing facility.
Sec. 22. Minnesota Statutes 1990, section 273.1398,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) In this section, the
terms defined in this subdivision have the meanings given them.
(b) "Unique taxing jurisdiction" means the geographic area
subject to the same set of local tax rates.
(c) "Gross tax capacity" means the product of the gross
class rates and estimated market values. "Total gross tax
capacity" means the gross tax capacities for all property within
the unique taxing jurisdiction. The total gross tax capacity
used shall be reduced by the sum of (1) the unique taxing
jurisdiction's gross tax capacity of commercial industrial
property as defined in section 473F.02, subdivision 3,
multiplied by the ratio determined pursuant to section 473F.08,
subdivision 6, for the municipality, as defined in section
473F.02, subdivision 8, in which the unique taxing jurisdiction
is located, (2) the gross tax capacity of the captured value of
tax increment financing districts as defined in section 469.177,
subdivision 2, and (3) the gross tax capacity of transmission
lines deducted from a local government's total gross tax
capacity under section 273.425. Gross tax capacity cannot be
less than zero.
(d) "Net tax capacity" means the product of (i) the
appropriate net class rates for the year in which the aid is
payable, except that for aids payable in 1991 the class rate
applied to class 3 utility real and personal property shall be
5.38 percent; the class rate applied to class 4c property and
that portion of class 3 property with an actual net class rate
of 2.3 percent shall be 2.4 percent; the class rates applied to
class 2a agricultural homestead property excluding the house,
garage, and one acre shall be .4 percent for the first $100,000
of value reduced by the value of the house, garage, and one
acre, 1.3 percent for the remaining value of the first 320
acres, and 1.7 percent for the remaining value of any acreage in
excess of 320 acres; the class rate applied to class 2b property
shall be 1.7 percent; the class rate applied to class 1b
property shall be .4 percent; and the class rate for the portion
of class 1 property and the house, garage, and one acre portion
of class 2a property with a market value in excess of $100,000
shall be 3.0 percent, and (ii) estimated market values for the
assessment two years prior to that in which aid is payable. The
reclassification of mobile home parks as class 4c shall not be
considered in determining net tax capacity for purposes of this
paragraph for aids payable in 1991 or 1992. The
reclassification of fraternity and sorority houses as class 4c
shall not be considered in determining net tax capacity for
purposes of this paragraph for aids payable in 1991. "Total net
tax capacity" means the net tax capacities for all property
within the unique taxing jurisdiction. The total net tax
capacity used shall be reduced by the sum of (1) the unique
taxing jurisdiction's net tax capacity of commercial industrial
property as defined in section 473F.02, subdivision 3,
multiplied by the ratio determined pursuant to section 473F.08,
subdivision 6, for the municipality, as defined in section
473F.02, subdivision 8, in which the unique taxing jurisdiction
is located, (2) the net tax capacity of the captured value of
tax increment financing districts as defined in section 469.177,
subdivision 2, and (3) the net tax capacity of transmission
lines deducted from a local government's total net tax capacity
under section 273.425. For purposes of determining the net tax
capacity of property referred to in clauses (1) and (2), the net
tax capacity shall be multiplied by the ratio of the highest
class rate for class 3a property for taxes payable in the year
in which the aid is payable to the highest class rate for class
3a property in the prior year. Net tax capacity cannot be less
than zero.
(e) "Previous net tax capacity" means the product of the
appropriate net class rates for the year previous to the year in
which the aid is payable, and estimated market values for the
assessment two years prior to that in which aid is payable.
"Total previous net tax capacity" means the previous net tax
capacities for all property within the unique taxing
jurisdiction. The total previous net tax capacity shall be
reduced by the sum of (1) the unique taxing jurisdiction's
previous net tax capacity of commercial-industrial property as
defined in section 473F.02, subdivision 3, multiplied by the
ratio determined pursuant to section 473F.08, subdivision 6, for
the municipality, as defined in section 473F.02, subdivision 8,
in which the unique taxing jurisdiction is located, (2) the
previous net tax capacity of the captured value of tax increment
financing districts as defined in section 469.177, subdivision
2, and (3) the previous net tax capacity of transmission lines
deducted from a local government's total net tax capacity under
section 273.425. Previous net tax capacity cannot be less than
zero.
(f) "Equalized market values" are market values that have
been equalized by dividing the assessor's estimated market value
for the second year prior to that in which the aid is payable by
the assessment sales ratios determined by class in the
assessment sales ratio study conducted by the department of
revenue pursuant to section 124.2131 in the second year prior to
that in which the aid is payable. The equalized market values
shall equal the unequalized market values divided by the
assessment sales ratio.
(g) "1989 local tax rate" means the quotient derived by
dividing the gross taxes levied within a unique taxing
jurisdiction for taxes payable in 1989 by the gross tax capacity
of the unique taxing jurisdiction for taxes payable in 1989.
For computation of the local tax rate for aid payable in 1991
and subsequent years, gross taxes for taxes payable in 1989
exclude equalized levies as defined in subdivision 2a. For
purposes of computation of the local tax rate only, gross taxes
shall not be adjusted by inflation or household growth.
(h) "Current local tax rate" means the quotient derived by
dividing the taxes levied within a unique taxing jurisdiction
for taxes payable in the year prior to that for which aids are
being calculated by the net tax capacity of the unique taxing
jurisdiction.
(i) For purposes of calculating the homestead and
agricultural credit aid authorized pursuant to subdivision 2,
the "subtraction factor" is the product of (i) a unique taxing
jurisdiction's 1989 local tax rate; (ii) its total net tax
capacity; and (iii) 0.9767.
(j) For purposes of calculating and allocating homestead
and agricultural credit aid authorized pursuant to subdivision 2
and the disparity reduction aid authorized in subdivision 3,
"gross taxes levied on all properties," "gross taxes," or "taxes
levied" means the total taxes levied on all properties except
that levied on the captured value of tax increment districts as
defined in section 469.177, subdivision 2, and that levied on
the portion of commercial industrial properties' assessed value
or gross tax capacity, as defined in section 473F.02,
subdivision 3, subject to the areawide tax as provided in
section 473F.08, subdivision 6, in a unique taxing
jurisdiction. Gross taxes levied on all properties or gross
taxes are before reduction by any credits for taxes payable in
1989. "Gross taxes" are before any reduction for disparity
reduction aid but "taxes levied" are after any reduction for
disparity reduction aid. Gross taxes levied or taxes levied
cannot be less than zero.
For homestead and agricultural credit aid payable in 1991,
"gross taxes" or "gross taxes levied on all properties" shall
mean gross taxes payable in 1989, excluding actual amounts
levied for the purposes listed in subdivision 2a, multiplied by
the cost-of-living adjustment factor and the household
adjustment factor.
"Taxes levied" excludes actual amounts levied for purposes
listed in subdivision 2a.
(k) "Human services aids" means:
(1) aid to families with dependent children under sections
256.82, subdivision 1, and 256.935, subdivision 1;
(2) medical assistance under sections 256B.041, subdivision
5, and 256B.19, subdivision 1;
(3) general assistance medical care under section 256D.03,
subdivision 6;
(4) general assistance under section 256D.03, subdivision
2;
(5) work readiness under section 256D.03, subdivision 2;
(6) emergency assistance under section 256.871, subdivision
6;
(7) Minnesota supplemental aid under section 256D.36,
subdivision 1;
(8) preadmission screening and alternative care grants
under section 256B.091;
(9) work readiness services under section 256D.051;
(10) case management services under section 256.736,
subdivision 13;
(11) general assistance claims processing, medical
transportation and related costs; and
(12) medical assistance, medical transportation and related
costs.
(l) "Cost-of-living adjustment factor" means the greater of
one or one plus the percentage increase in the consumer price
index minus .36 percent. In no case may the cost of living
adjustment factor exceed 1.0394.
(m) The percentage increase in the consumer price index
means the percentage, if any, by which:
(1) the consumer price index for the calendar year
preceding that in which aid is payable, exceeds
(2) the consumer price index for calendar year 1989.
(n) "Consumer price index for any calendar year" means the
average of the consumer price index as of the close of the
12-month period ending on May 31 of such calendar year.
(o) "Consumer price index" means the last consumer price
index for all-urban consumers published by the department of
labor. For purposes of the preceding sentence, the revision of
the consumer price index which is most consistent with the
consumer price index for calendar year 1989 shall be used.
(p) "Household adjustment factor" means the number of
households for the second most recent year preceding that in
which the aids are payable divided by the number of households
for the third most recent year. The household adjustment factor
cannot be less than one.
(q) "Growth adjustment factor" means the household
adjustment factor in the case of counties, cities, and towns.
In the case of school districts the growth adjustment factor
means the average daily membership of the school district under
section 124.17, subdivision 2, for the school year ending in the
second most recent year preceding that in which the aids are
payable divided by the average daily membership for the third
most recent year. In the case of special taxing districts, the
growth adjustment factor equals one. The growth adjustment
factor cannot be less than one.
(r) "Homestead and agricultural credit base" means the
previous year's certified homestead and agricultural credit aid
determined under subdivision 2 plus, for aid payable in 1992,
fiscal disparity homestead and agricultural credit aid under
subdivision 2b.
(s) "Net tax capacity adjustment" means (1) the total
previous net tax capacity minus the total net tax capacity,
multiplied by (2) the unique taxing jurisdiction's current local
tax rate. The net tax capacity adjustment cannot be less than
zero.
(t) "Fiscal disparity adjustment" means the difference
between (1) a taxing jurisdiction's fiscal disparity
distribution levy under section 473F.08, subdivision 3, clause
(a), for taxes payable in the year prior to that for which aids
are being calculated, and (2) the same distribution levy
multiplied by the ratio of the highest class rate for class 3
property for taxes payable in the year prior to that for which
aids are being calculated to the highest class rate for class 3
property for taxes payable in the second prior year to that for
which aids are being calculated. In the case of school
districts, the fiscal disparity distribution levy shall exclude
that part of the levy attributable to equalized school levies as
defined in subdivision 2a.
Sec. 23. Laws 1988, chapter 689, article 2, section 256,
subdivision 1, is amended to read:
Subdivision 1. [SELECTION OF PROJECTS.] The commissioner
of human services shall establish pilot projects to demonstrate
the feasibility and cost-effectiveness of alternatives to
nursing home care that involve providing coordinated alternative
care grant services for all eligible residents in an identified
apartment building or complex or other congregate residential
setting. The commissioner shall solicit proposals from counties
and shall select up to four counties to participate, including
at least one metropolitan county and one county in greater
Minnesota. The commissioner shall select counties for
participation based on the extent to which a proposed project is
likely to:
(1) meet the needs of low-income, frail elderly;
(2) enable clients to live as independently as possible;
(3) result in cost-savings by reducing the per person cost
of alternative care grant services through the efficiencies of
coordinated services; and
(4) facilitate the discharge of elderly persons from
nursing homes to less restrictive settings or delay their entry
into nursing homes.
Participating counties shall use existing alternative care
grant allocations to pay for pilot project services. The
counties must contract with a medical assistance-certified home
care agency to coordinate and deliver services and must
demonstrate to the commissioner that quality assurance and
auditing systems have been established. Notwithstanding
Minnesota Statutes, section 256B.091 256B.0913, and rules of the
commissioner of human services relating to the alternative care
grants program, the commissioner may authorize pilot projects to
use a monthly precapitated rates rate up to 75 percent of the
statewide average monthly nursing facility payment rate as
defined in Minnesota Statutes, section 256B.0913; to provide
expanded services such as chore services, activities, and meal
planning, preparation, and serving; and to waive freedom of
choice of vendor to the extent necessary to allow one vendor to
provide services to all eligible persons in a residence or
building. The commissioner may apply for a waiver of federal
requirements as necessary to implement the pilot projects.
Sec. 24. [HOME CARE; INFLATION.]
Subdivision 1. [ALTERNATIVE CARE PROGRAM.] Notwithstanding
Minnesota Statutes, section 256B.0913, subdivision 14, no
percentage inflation increase may be provided for the fiscal
year ending June 30, 1992. An increase of three percent must be
provided for the fiscal year ending June 30, 1993.
Subd. 2. [MEDICAL ASSISTANCE HOME CARE;
INFLATION.] Notwithstanding Minnesota Statutes, section
256B.0915, subdivision 3, no percentage inflation increase may
be provided for the fiscal year ending June 30, 1993.
Sec. 25. [REVISOR INSTRUCTIONS.]
Subdivision 1. In the next edition of Minnesota Statutes,
the revisor shall delete the terms "board for quality assurance"
and insert "long-term care planning committee" where found in
Minnesota Statutes, sections 144A.071, subdivision 3; 144A.073,
subdivision 3; 246.023; and 256B.431, subdivision 2d.
Subd. 2. In the next edition of Minnesota Statutes, the
revisor shall delete the term "board" or "board's" and insert
the term "committee" or "committee's" as appropriate and where
found in Minnesota Statutes, section 144A.073, subdivisions 2
and 3.
Subd. 3. In the next edition of Minnesota Statutes, the
revisor of statutes shall change the words "interagency board
for quality assurance" to "interagency long-term care planning
committee" or "interagency board" to "interagency committee" or
"board" to "committee," as appropriate, wherever they appear in
Minnesota Statutes. The revisor of statutes is also directed to
change the citation "256B.091" wherever it appears in Minnesota
Statutes to "256B.0911."
Sec. 26. [REPEALER.]
Minnesota Statutes 1990, sections 144A.31, subdivisions 2
and 3; 256B.0625, subdivisions 6 and 19; 256B.0627, subdivision
3; 256B.091; 256B.431, subdivision 6; and 256B.71, subdivision
5, are repealed.
ARTICLE 8
CRIMINAL JUSTICE
Section 1. Minnesota Statutes 1990, section 3.98,
subdivision 1, is amended to read:
Subdivision 1. The head or chief administrative officer of
each department or agency of the state government, including the
supreme court, shall prepare a fiscal note at the request of the
chair of the standing committee to which a bill has been
referred, or the chair of the house appropriations committee, or
the chair of the senate committee on finance.
For purposes of this subdivision, "supreme court" includes
all agencies, committees, and commissions supervised or
appointed by the state supreme court or the state court
administrator.
Sec. 2. Minnesota Statutes 1990, section 3.982, is amended
to read:
3.982 [FISCAL NOTES FOR STATE-MANDATED ACTIONS.]
When a bill is introduced and referred to a standing
committee, the commissioner of finance shall determine whether
the bill proposes a new or expanded mandate on a political
subdivision, a district court, or the public defense system. If
the commissioner determines that a new or expanded mandate is
proposed, the commissioner shall direct the appropriate
department or agency of state government to prepare a fiscal
note identifying the projected fiscal impact of the bill on
state government and on the affected political
subdivisions entity. The commissioner of finance shall be
responsible for coordinating the fiscal note process, for
assuring the accuracy and completeness of the note, and for
ensuring that fiscal notes are prepared, delivered, and updated
as provided in this section. The fiscal note shall categorize
mandates as program or nonprogram mandates and shall include
estimates of the levy impacts of the mandates. To the extent
that the bill would impose new fiscal obligations on political
subdivisions, the note shall indicate the efforts made to reduce
those obligations, including consultations made with
representatives of the political subdivisions affected
entities. Chairs of legislative committees receiving bills on
rereferrals from other legislative committees may request that
fiscal notes be amended to reflect amendments made to the bills
by prior committee action. Preparation of the fiscal notes
required in this section shall be consistent with section 3.98.
The commissioner of finance shall periodically report to and
consult with the legislative commission on planning and fiscal
policy on the issuance of the notes.
Sec. 3. Minnesota Statutes 1990, 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 $200 $250 fee before the person's drivers license is
reinstated to be credited as follows:
(1) 25 20 percent shall be credited to the trunk highway
fund;
(2) 50 55 percent shall be credited to a separate account
to be known as the county probation reimbursement account.
Money in this account may be 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 the general fund;
(3) ten eight percent shall be credited to a separate
account to be known as the bureau of criminal apprehension
account. Money in this account may be appropriated to the
commissioner of public safety and shall be divided as follows:
eight percent for laboratory costs; two percent for carrying out
the provisions of section 299C.065;
(4) 15 12 percent shall be credited to a separate account
to be known as the alcohol-impaired driver education account.
Money in the account may be 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. At least $70,000
must be awarded in grants to local school districts. Each year
the commissioner may use $100,000 to administer the grant
program and other traffic safety education programs; and
(5) five percent shall be credited to a separate account to
be known as the traumatic brain injury and spinal cord injury
account. $100,000 is annually appropriated from the account to
the commissioner of human services for traumatic brain injury
case management services. The remaining money in the account is
annually appropriated to the commissioner of health to establish
and maintain the traumatic brain injury and spinal cord injury
registry created in section 144.662 and to reimburse the
commissioner of jobs and training for the reasonable cost of
services provided under section 268A.03, clause (o).
Sec. 4. Minnesota Statutes 1990, section 241.022, is
amended to read:
241.022 [GRANTS-IN-AID TO COUNTIES FOR ADULT DETENTION
FACILITIES AND PROGRAMS.]
Subdivision 1. [AUTHORIZATION TO MAKE FACILITY GRANTS.] (a)
The commissioner of corrections may, out of money appropriated
for the purposes of this section, make grants to counties or
groups of counties for the purpose of assisting those counties
to construct or rehabilitate local adult detention facilities
and to assist counties or groups of counties in the construction
or rehabilitation of regional jails and lockups, work houses, or
work farms, and detention and treatment facilities for adult
offenders, youthful offenders, and delinquent children, and to
aid such.
Subd. 2. [AUTHORIZATION TO MAKE PROGRAM GRANTS.] The
commissioner of corrections may, out of money appropriated for
the purposes of this section, make grants to counties or groups
of counties for the purpose of assisting those counties in
developing and maintaining to develop and maintain adequate
programs and personnel for the education, training, treatment
and rehabilitation of persons admitted to such institutions, the
commissioner of corrections is hereby authorized and empowered,
out of any money appropriated for the purposes of this section,
to make grants to such counties the facilities described in
subdivision 1. Eligible programs also include, but are not
limited to, alternatives to detention or incarceration programs
containing home detention components.
Subd. 3. [FEDERAL FUNDS.] The commissioner may also
receive grants of funds from the federal government or any other
lawful source for the purpose of this section, and such purposes
of subdivisions 1 and 2. These funds are hereby appropriated
annually to the commissioner.
Subd. 2. 4. [MINIMUM STANDARDS FOR FACILITIES.] The
commissioner shall establish minimum standards for the
construction, rehabilitation, size, area to be served, training
and treatment programs, and staff qualifications, and projected
annual operating costs of in adult facilities to be
rehabilitated or constructed. Compliance with these
standards shall constitute constitutes a minimum requirement for
the granting of assistance as provided by this section.
Subd. 3. 5. [APPLICATION FOR FACILITY GRANTS.] Any (a) A
county or group of counties operating any of the adult
facilities described in subdivision 1 or desiring to construct
and operate or to rehabilitate existing facilities may apply for
assistance under this section by submitting to the commissioner
of corrections for approval its plans, specifications, budget,
program for training and treatment, and staffing pattern,
including personnel qualifications. The commissioner may
recommend such changes or modifications as the
commissioner deems considers necessary to effect substantial
compliance with the standards provided in subdivision 2 4. When
the commissioner has determined that any a county or group of
counties has substantially complied with the minimum standards,
or is making satisfactory progress toward such compliance, the
commissioner may pay to such the county or groups of counties an
amount not to exceed more than 50 percent of the cost of
construction or rehabilitation of the facilities described in
this section, and,.
(b) In the case of improvement of a program and continued
operation of any a program in a an adult regional facility as
described in subdivision 1 2, the commissioner may pay to the
governing board of such the facility a sum not to exceed more
than $1,800 per year for each adult bed and $3,200 per year for
each juvenile bed as approved in the submitted plans and
specifications.
Subd. 4. 6. [INSPECTION.] The commissioner shall inspect
at least annually each adult facility covered by this section
and review its projected annual operating costs to insure
continued compliance with minimum standards, and may withhold
funds for noncompliance.
Subd. 5. 7. [LIMITATION OF GRANTS TO FUTURE PROJECTS.]
Completion and acceptance of new construction or rehabilitation
of existing facilities must occur after June 5, 1971 July 1,
1991, to enable a county or group of counties to receive any
sums provided by this section.
This section shall apply only for those projects where a
specific appropriation has been made.
Sec. 5. [241.0221] [JUVENILE DETENTION SERVICES SUBSIDY
PROGRAM.]
Subdivision 1. [DEFINITIONS.] The definitions in this
subdivision apply to this section.
(a) "Commissioner" means the commissioner of corrections.
(b) "Local detention facility" means a county or
multicounty facility that detains or confines preadjudicated or
adjudicated delinquent and nondelinquent offenders, including
offenders defined in section 260.015, subdivisions 21, 22, and
23.
(c) "Twenty-four-hour temporary holdover facility" means a
physically restricting or a physically unrestricting facility
used for up to 24 hours, excluding weekends and holidays, for
the care of one or more children who are being detained under
chapter 260.
(d) "Twenty-four-hour temporary holdover facility
operational subsidy" means a subsidy in an amount not to exceed
$7 per hour for wages for staff supervision services provided to
a delinquent child held within a 24-hour temporary holdover
facility.
(e) "Eight-day temporary holdover facility" means a
physically restricting and unrestricting facility of not more
than eight beds, two of which must be capable of being
physically restricting. The maximum period that a child can be
detained under chapter 260 in this facility is eight days,
excluding weekends and holidays.
(f) "Eight-day temporary holdover facility operational
subsidy" means a subsidy in an amount not to exceed 50 percent
of the annual actual operating costs of the facility and not to
exceed $100,000, whichever is less.
(g) "Secure juvenile detention center" means a physically
restricting facility licensed under Minnesota Rules, chapter
2930, and used for the temporary care of a delinquent child
being detained under chapter 260.
(h) "Alternative detention programs" include, but are not
limited to, home detention services, transportation services,
including programs designed to return runaway children to their
legal place of residence, custody detention services, training
subsidy programs, and administrative services.
(i) "Secure juvenile detention center subsidy" means the
$1,200 per bed subsidy authorized under subdivisions 2 and 5,
paragraph (b).
(j) "Transportation service" means transportation of a
child who is being detained under chapter 260, including costs
of wages, mileage and meal expenses, and costs for transporting
and returning delinquent children who have absconded from their
legal place of residence.
(k) "Home detention service" means:
(1) supervision of children who are residing at their legal
place of residence and who are being detained under chapter 260
and includes costs incurred for wages, mileage, and expenses
associated with supervision;
(2) a training subsidy used to pay for expenses incurred in
training home detention staff; and
(3) electronic surveillance program costs incurred in
electronic monitoring of children who are being detained at home
or at their legal place of residence under chapter 260.
(l) "Custody detention service" means secure and nonsecure
detention per diem costs for a child who is being detained under
chapter 260.
(m) "Training subsidy" means a subsidy associated with
training required staff to implement temporary holdover facility
programs, transportation services, and home detention services.
(n) "Administrative services" means administering,
coordinating, and implementing the 24-hour temporary holdover
facilities, juvenile detention alternative programs involving
transportation, home detention, and custody detention services.
(o) "Administrative start-up subsidy" means a subsidy
associated with services rendered to get a 24-hour temporary
holdover facility established and operating as required and not
to exceed $2,000 per facility.
Subd. 2. [AUTHORIZATION TO MAKE SUBSIDIES TO COUNTIES.]
The commissioner may, out of money appropriated for the purposes
of this section, subsidize counties or groups of counties to
assist in:
(a) construction or rehabilitation of local detention
facilities; and
(b) developing or maintaining adequate local detention
facility operations or alternative detention programs.
Subd. 3. [FEDERAL FUNDS.] The commissioner may also
receive funds from the federal government or any other lawful
source for the purposes of subdivision 2.
Subd. 4. [MINIMUM STANDARDS.] (a) The commissioner shall
establish, under chapter 14, minimum standards for the
construction or rehabilitation of all local detention facilities
and their operations by July 1, 1993. Interim standards
developed by the commissioner may be used until that time.
(b) The commissioner shall establish requirements for
alternative detention program subsidies and the maximum amount
of funding each eligible participating county can receive.
These subsidy requirements are not subject to chapter 14
procedures. Compliance with requirements established by the
commissioner constitutes a minimum requirement for the granting
of subsidy funding.
Subd. 5. [APPLICATION FOR SUBSIDY FUNDING.] (a) A county
or group of counties operating or desiring to operate any of the
facilities defined in subdivision 1 may apply for facility
construction or rehabilitation subsidy funds. Applications must
be submitted in a format provided by the commissioner. Subsidy
funds granted are contingent on approval of plans and budget
proposals submitted. The commissioner may recommend changes or
modifications as the commissioner considers necessary to effect
substantial compliance with the standards established in
subdivision 4. When the commissioner has determined that a
county or group of counties has substantially complied with the
minimum standards, or is making satisfactory progress toward
compliance, the commissioner may pay to the county or counties
an amount not more than 50 percent of the costs of construction
or rehabilitation of the facility or facilities for which a
subsidy has been granted, with the following exceptions:
(1) a 24-hour nonsecure temporary holdover facility may
receive a one-time payment of up to a maximum of $3,000 per
facility for construction or rehabilitation purposes and
furnishings;
(2) a 24-hour secure temporary holdover facility may
receive a one-time payment of up to a maximum of $10,000 per
facility for construction or rehabilitation purposes and
furnishings; and
(3) an eight-day temporary holdover facility may receive a
one-time payment of up to a maximum of $10,000 per bed for no
more than eight beds for construction or rehabilitation purposes
and furnishings.
(b) A county or group of counties operating a secure
juvenile detention center may apply for secure juvenile
detention center subsidy funds. The commissioner may pay to the
governing board of a local secure juvenile detention center a
sum not more than $1,200 per year for each secure juvenile bed
as approved in the submitted plans and specifications. These
subsidy funds must be expended for alternative juvenile
detention programs felt to be appropriate by the local governing
board. The $1,200 per bed, per year subsidy shall be known as
the secure juvenile detention center subsidy.
(c) A county or group of counties operating an eight-day
temporary holdover facility may apply for an operational subsidy
in an amount not to exceed 50 percent of the facility's approved
operational budget. Reimbursement would occur based upon actual
expenditures and compliance with standards and requirements
established in subdivision 4 and could not exceed $100,000 per
year, per facility.
(d) The commissioner may also pay to a county or group of
counties a subsidy for alternative detention programs.
Subsidies may cover costs for:
(1) home detention services;
(2) transportation services;
(3) custody detention services;
(4) training; and
(5) local administrative services.
(e) Counties operating a juvenile eight-day temporary
holdover facility or a secure juvenile detention center are not
eligible to receive a subsidy for alternative detention programs
described in paragraph (d).
(f) The commissioner may pay to counties desiring to
operate a secure or nonsecure 24-hour temporary holdover
facility a one-time administrative start-up subsidy of $2,000
for staff services rendered for development and coordination
purposes.
Subd. 6. [APPLICATION REVIEW PROCESS FOR SUBSIDY FUNDS.]
To qualify for a subsidy, a county or group of counties must
enter into a memorandum of agreement with the commissioner
agreeing to comply with the minimum standards and requirements
established by the commissioner under subdivision 4. The
memorandum of agreement is not subject to the contract approval
procedures of the commissioner of administration or chapter
16B. The commissioner shall provide forms and instructions for
submission of subsidy applications.
The commissioner shall require a county or group of
counties to document in its application that it is requesting
subsidy funds for the least restrictive alternative appropriate
to the county or counties detention needs. The commissioner
shall evaluate applications and grant subsidies for local
detention facilities and alternative detention programs
described in this section in a manner consistent with the
minimum standards and requirements established by the
commissioner in subdivision 4 and within the limit
appropriations made available by law.
Subd. 7. [INSPECTION.] The commissioner shall inspect each
local detention facility covered by this section in accordance
with requirements set forth in section 241.021 to ensure
continued compliance with minimum standards and requirements
established by the commissioner in subdivision 4 and may
withhold funds for noncompliance.
Subd. 8. [LIMITATION OF SUBSIDIES.] Funds for the purposes
of subdivision 5, paragraph (a), are available only for
construction projects begun after July 1, 1991.
Sec. 6. Minnesota Statutes 1990, section 244.16, is
amended to read:
244.16 [DAY-FINES.]
Subdivision 1. [MODEL SYSTEM.] By June 1, 1991, The
sentencing guidelines commission shall develop a model day-fine
system. Each judicial district must adopt either the model
system or its own day-fine system by January 1, 1992. The
commission shall report its model system to the legislature by
February 1, 1993. Upon request of a judicial district, the
commission may establish one pilot project for the development
of a day-fine system.
Subd. 2. [COMPONENTS.] A day-fine system adopted under
this section must provide for a two-step sentencing procedure
for those receiving a fine as part of a probationary felony,
gross misdemeanor, or misdemeanor sentence. In the first step,
the court determines how many punishment points a person will
receive, taking into account the severity of the offense and the
criminal history of the offender. The second step is to
multiply the punishment points by a factor that accounts for the
offender's financial circumstances. The goal of the system is
to provide a fine that is proportional to the seriousness of the
offense and largely equal in impact among offenders with
different financial circumstances. The system may provide for
community service in lieu of fines for offenders whose means are
so limited that the payment of a fine would be unlikely.
Sec. 7. Minnesota Statutes 1990, section 254A.17,
subdivision 3, is amended to read:
Subd. 3. [STATEWIDE DETOXIFICATION TRANSPORTATION
PROGRAM.] The commissioner shall provide grants to counties,
Indian reservations, other nonprofit agencies, or local
detoxification programs for provision of transportation of
intoxicated individuals to detoxification programs. Funds shall
be allocated among counties annually in proportion to each
county's average number of detoxification admissions for the
prior two years, except that no county shall receive less than
$400. Unless a county has approved a grant of funds under this
section, the commissioner shall make quarterly payments of
detoxification funds to a county only after receiving an invoice
describing the number of persons transported and the cost of
transportation services for the previous quarter.
Sec. 8. Minnesota Statutes 1990, section 299A.21,
subdivision 6, is amended to read:
Subd. 6. [COMMISSIONER.] "Commissioner" means the
commissioner of public safety human services.
Sec. 9. Minnesota Statutes 1990, section 299A.23,
subdivision 2, is amended to read:
Subd. 2. [ADVISORY COUNCIL.] An advisory council of 18
members is established under section 15.059. The commissioners
of human services public safety, health, education, and
corrections shall each appoint one member. The subcommittee on
committees of the senate and the speaker of the house of
representatives shall each appoint two members of their
respective bodies, one from each caucus. The governor shall
appoint an additional ten members who shall demonstrate
knowledge in the area of child abuse and shall represent the
demographic and geographic composition of the state, and to the
extent possible, represent the following groups: local
government, parents, racial and ethnic minority communities, the
religious community, professional providers of child abuse
prevention and treatment services, and volunteers in child abuse
prevention and treatment services. The council shall advise and
assist the commissioner in carrying out sections 299A.20 to
299A.26. The council does not expire as provided by section
15.059, subdivision 5.
Sec. 10. Minnesota Statutes 1990, section 299A.27, is
amended to read:
299A.27 [ANNUAL APPROPRIATION.]
All earnings from trust fund assets, all sums received
under section 299A.26, and 60 percent of the amount collected
under section 144.226, subdivision 3 are appropriated annually
from the children's trust fund for the prevention of child abuse
to the commissioner of public safety human services to carry out
sections 299A.20 to 299A.26. In fiscal year 1987 only, the
first $75,000 collected under section 144.226, subdivision 3 is
appropriated from the children's trust fund for the prevention
of child abuse to the commissioner of public safety human
services to carry out sections 299A.20 to 299A.26.
Sec. 11. Minnesota Statutes 1990, section 401.13, is
amended to read:
401.13 [CHARGES MADE TO COUNTIES.]
Each participating county will be charged a sum equal to
the per diem cost of confinement of those juveniles committed to
the commissioner after August 1, 1973, and confined in a state
correctional facility. Provided, however, that the amount
charged a participating county for the costs of confinement
shall not exceed the amount of subsidy to which the county is
eligible, and provided further that the counties of commitment
shall also pay the per diem herein provided for all persons
convicted of a felony for which the penalty provided by law does
not exceed five years and confined in a state correctional
facility prior to January 1, 1981. A county or group of
counties participating in the community corrections act may not
be charged for any per diem cost of confinement for adults
sentenced to the commissioner of corrections for crimes
committed on or after January 1, 1981. The commissioner shall
annually determine costs and deduct them from the subsidy due
and payable to the respective participating counties, making
necessary adjustments to reflect the actual costs of
confinement. However, in no case shall the percentage increase
in the amount charged to the counties exceed the percentage by
which the appropriation for the purposes of sections 401.01 to
401.16 was increased over the preceding biennium. The
commissioner of corrections shall bill the counties and deposit
the receipts from the counties in the general fund. All charges
shall be a charge upon the county of commitment.
Sec. 12. Minnesota Statutes 1990, section 471.705,
subdivision 1, is amended to read:
Subdivision 1. Except as otherwise expressly provided by
statute, all meetings, including executive sessions, of any
state agency, board, commission or department when required or
permitted by law to transact public business in a meeting, and
the governing body of any school district however organized,
unorganized territory, county, city, town, or other public body,
and of any committee, subcommittee, board, department or
commission thereof, shall be open to the public, except meetings
of the board of pardons and the commissioner of corrections.
The votes of the members of such state agency, board, commission
or department or of such governing body, committee,
subcommittee, board, department or commission on any action
taken in a meeting herein required to be open to the public
shall be recorded in a journal kept for that purpose, which
journal shall be open to the public during all normal business
hours where such records are kept. The vote of each member
shall be recorded on each appropriation of money, except for
payments of judgments, claims and amounts fixed by statute.
This section shall not apply to any state agency, board, or
commission when exercising quasi-judicial functions involving
disciplinary proceedings.
Sec. 13. Minnesota Statutes 1990, section 631.425,
subdivision 3, is amended to read:
Subd. 3. [CONTINUATION OF EMPLOYMENT.] If the person
committed under this section has been regularly employed, the
sheriff shall arrange for a continuation of the employment
insofar as possible without interruption. If the person is not
employed, the sheriff or any court may designate a suitable
person or agency designated by the court shall make every effort
to make reasonable efforts to secure some suitable employment
for that person. An inmate employed under this section must be
paid a fair and reasonable wage for work performed and must work
at fair and reasonable hours per day and per week.
Sec. 14. Minnesota Statutes 1990, section 631.425,
subdivision 7, is amended to read:
Subd. 7. [VIOLATION OF SENTENCE; PROCEDURE.] If the inmate
violates a condition of work release relating to conduct,
custody, or employment, the inmate must be returned to the
court. The court then (1) may require that the balance of the
inmate's sentence be spent in actual confinement, (2) may cancel
any earned reduction of the inmate's term, and (3) may
find correctional facility administrator may require that the
inmate spend the balance of the inmate's sentence in actual
confinement. The facility administrator shall give the inmate
an opportunity to be heard before implementing this decision.
On appeal by the inmate within seven days, the court must review
the facility administrator's decision and, in its review, may
(1) uphold or reverse the decision; and (2) order additional
sanctions for the work release violation, including canceling
any earned reduction in the inmate's term and finding the inmate
in contempt of court.
Sec. 15. Minnesota Statutes 1990, section 638.04, is
amended to read:
638.04 [MEETINGS.]
The board of pardons shall hold meetings at least twice
each year and shall hold a meeting whenever it takes formal
action on an application for a pardon or commutation of
sentence. All board meetings shall be open to the public as
provided in section 471.705.
The victim of an applicant's crime has a right to submit an
oral or written statement at the meeting. The statement may
summarize the harm suffered by the victim as a result of the
crime and give the victim's recommendation on whether the
application for a pardon or commutation should be granted or
denied. In addition, any law enforcement agency may submit an
oral or written statement at the meeting, giving its
recommendation on whether the application should be granted or
denied. The board must consider the victim's and the law
enforcement agency's statement when making its decision on the
application.
Sec. 16. Minnesota Statutes 1990, section 638.05, is
amended to read:
638.05 [APPLICATION FOR PARDON.]
Every application for a pardon or commutation of sentence
shall be in writing, addressed to the board of pardons, signed
by the convict or some one in the convict's behalf, shall state
concisely the grounds upon which the pardon or commutation is
sought, and in addition shall contain the following facts:
(1) The name under which the convict was indicted, and
every alias by which known;
(2) The date and terms of sentence, and the names of the
offense for which it was imposed;
(3) The name of the trial judge and the county attorney who
participated in the trial of the convict, together with that of
the county of trial;
(4) A succinct statement of the evidence adduced at the
trial, with the endorsement of the judge or county attorney who
tried the case that the same is substantially correct; if such
statement and endorsement are not furnished, the reason thereof
shall be stated;
(5) The age, birthplace, parentage, and occupation and
residence of the convict during five years immediately preceding
conviction;
(6) A statement of other arrests, indictments, and
convictions, if any, of the convict.
Every application for a pardon or commutation of sentence
shall contain a statement by the applicant consenting to the
disclosure to the board of any private data concerning the
applicant contained in the application or in any other record
relating to the grounds on which the pardon or commutation is
sought.
Sec. 17. Minnesota Statutes 1990, section 638.06, is
amended to read:
638.06 [ACTION ON APPLICATION.]
Every such application shall be filed with the clerk of the
board of pardons. If an application for a pardon or commutation
has been once heard and denied on the merits, no subsequent
application shall be filed without the consent of two members of
the board endorsed thereon. The clerk shall, immediately on
receipt of any application, mail notice thereof, and of the time
and place of hearing thereon, to the judge of the court wherein
the applicant was tried and sentenced, and to the prosecuting
attorney who prosecuted the applicant, or a successor in office;
provided, pardons or commutations of sentence of persons
committed to a county jail or workhouse may be granted by the
board without notice. The clerk shall also make all reasonable
efforts to locate any victim of the applicant's crime. The
clerk shall mail notice of the application and the time and
place of the hearing to any victim who is located. This notice
shall specifically inform the victim of the victim's right to be
present at the hearing and to submit an oral or written
statement to the board as provided in section 638.04.
Sec. 18. Minnesota Statutes 1990, section 643.29,
subdivision 1, is amended to read:
Subdivision 1. ["GOOD CONDUCT" ALLOWANCE.] Any person
sentenced for a term to any county jail, workhouse, or
correctional work farm, whether the term is part of an executed
sentence or is imposed as a condition of probation, shall, when
sentenced to serve ten days or more, diminish the term of the
sentence five days one day for each month two days served,
commencing on the day of arrival, during which the person has
not violated any rule or discipline of the place wherein the
person is incarcerated and, if required to labor, has labored
with diligence and fidelity.
Sec. 19. Laws 1989, chapter 290, article 1, section 3,
subdivision 2, is amended to read:
Subd. 2. Correctional
Institutions 14,470,000 16,519,000
Of this amount $5,713,000 in fiscal
year 1990 and $9,337,000 in fiscal year
1991 are to pay operating costs of the
facility at Faribault. The
department's complement is increased by
up to 245 positions in both years of
the biennium.
Of this amount $1,957,000 is to pay
startup costs associated with
conversion of portions of the regional
treatment center at Faribault to a
medium-security correctional facility.
Of this amount, $63,000 in fiscal year
1990 and $332,000 in fiscal year 1991
are to establish and operate two
additional sex offender programs within
state correctional facilities. The
department's complement is increased by
one position in 1990 and up to eight
positions in 1991.
Any unexpended money in the fiscal year
1990 appropriation for conversion and
operation of the facility at Faribault
is available in fiscal year 1991.
During the biennium ending June 30,
1991, the commissioner shall give
preference in recruiting, training, and
hiring to employees of the department
of human services whose positions are
eliminated by implementation of the
regional treatment center restructuring
plan when filling correctional facility
positions located on regional treatment
center campuses.
Agreements between the commissioner of
corrections and the commissioner of
human services concerning operation of
a correctional facility on a campus of
a regional treatment center shall
include provisions for operation of the
kitchen and laundry facilities by the
commissioner of human services. The
department of human services shall
operate the kitchen and laundry
facilities until the department of
human services has completed its
restructuring plan at the regional
treatment center.
Rogers Hall at Faribault regional
treatment center may be used by the
department of human services for
developmentally disabled persons and
may not be used by the department of
corrections until the legislature
specifically authorizes another use for
the building.
The commissioner may enter into
agreements with the appropriate
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.
Sec. 20. [CRIMINAL JUSTICE RESOURCE MANAGEMENT.]
Subdivision 1. [CRIMINAL JUSTICE RESOURCE MANAGEMENT
PLAN.] By January 1, 1993, the judges of each judicial district
shall complete a final written criminal justice resource
management plan to implement the goal of ensuring the fair and
economical use of the criminal justice system resources within
the district and the continued effective implementation of the
district's case management plan. Each criminal justice resource
management plan must address the following issues:
(1) the relationship of the judicial district's case
management plan to its use of the correctional resources within
the judicial district;
(2) the role of individual judicial discretion in the use
of the resources within the district. In addressing this issue,
the plan shall make specific reference to the data and
information submitted in the reports of the supreme court gender
fairness and racial bias task forces and shall specifically
provide for implementation of the findings of the task forces;
(3) the use of pretrial evaluation, bail, pretrial
detention, and pretrial supervision and counseling;
(4) the use of criminal justice diversion programs;
(5) the role and use of intermediate sanctions such as
community service, economic sanctions such as fines or day-fine
programs, and sentencing to service programs;
(6) the presentence investigation process and the posttrial
probation supervision process;
(7) the housing of various categories of nonviolent
offenders;
(8) the adequacy of sharing of correctional resources
between counties contained within multicounty judicial
districts;
(9) the role of new correctional technologies such as
electronic home monitoring or auto ignition interlocking
devices;
(10) the use of treatment alternatives involving chemical
dependency, sex offender treatment, and other psychological
services; and
(11) the adequacy of existing correctional facilities and
the possible need for a new correctional facility.
Subd. 2. [PRINCIPLES; ASSISTANCE.] By September 1, 1991,
the sentencing guidelines commission shall develop principles to
guide judicial districts in developing judicial district
resource management plans. The commission shall provide
technical assistance in developing the plans to districts that
request assistance.
Subd. 3. [REVIEW OF JUDICIAL DISTRICT RESOURCE MANAGEMENT
PLAN.] (a) Each judicial district shall submit its preliminary
criminal justice resource management plan to the conference of
chief judges by July 1, 1992. The conference shall review the
plan and make recommendations it deems appropriate.
Specifically, the conference shall address the adequacy and use
of the sharing of correctional resources among judicial
districts.
(b) A copy of the final draft of each judicial district's
criminal justice resource management plan, along with the
conference of chief judges' recommendations for changes in
rules, criminal procedure, and statutes, must be filed with the
chairs of the judiciary committees in the house of
representatives and the senate by February 1, 1993.
Sec. 21. [TASK FORCE ON CORRECTIONS CROWDING.]
Subdivision 1. [MEMBERSHIP.] (a) The commissioner of
corrections shall establish a task force on corrections
crowding. The commissioner of corrections shall appoint 12
members, including representatives from among local government
officials, law enforcement, the judiciary, local corrections,
business and industry, experts in juvenile and criminal justice,
the public, the state planning agency, the sentencing guidelines
commission, the department of finance, and the department of
corrections.
Subd. 2. [DUTIES.] The task force on corrections crowding
shall examine the short- and long-range demand for correctional
services and facilities and prepare a ten-year plan that
fashions a corrections system for the 1990s. The task force
shall:
(1) examine the relationship, interdependence, financing,
and functions of the state and local correctional systems;
(2) review the entire system including felonies, gross
misdemeanors, and misdemeanors;
(3) address the need for juvenile and adult, male and
female correctional services and facilities;
(4) review the community corrections act and its funding
formula;
(5) examine the increase of mentally ill correctional
clients;
(6) recommend an equitable and effective solution for the
short-term prison offender;
(7) examine the state's approach to pretrial detention,
housing of various categories of nonviolent offenders,
prerelease counseling, and postrelease supervision; and
(8) conduct informational forums across the state to
solicit ideas and concerns regarding corrections crowding.
Subd. 3. [REPORT.] The task force shall make an interim
report to the governor and the legislature by January 1, 1992.
The task force shall complete its examination of these matters
and make a final report to the governor and legislature by
January 1, 1993.
Sec. 22. [METROPOLITAN AREA CORRECTIONS REPORT.]
The county correctional administrators of the metropolitan
area, as defined in Minnesota Statutes, section 473.121, shall
report to the legislature by January 1, 1992, concerning the
steps taken by those counties to:
(1) alleviate correctional crowding; and
(2) speed the processing of offenders through the system.
Sec. 23. [EMPLOYMENT AND EDUCATION PILOT PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] A pilot program is
established to provide adolescents with opportunities for
gaining a high school diploma, exploring occupations, evaluating
vocational options, receiving career and life skills counseling,
developing and pursuing personal goals, and participating in
community-based projects. Two pilot projects shall be funded
under the program and shall be targeted for young people as
defined in Laws 1990, chapter 562, article 4, section 12,
between the ages of 14 and 18 who, because of a lack of personal
resources and skills, need assistance in setting and realizing
education and employment goals and in becoming contributing
members of their community.
Subd. 2. [ELIGIBILITY.] (a) An applicant for a pilot
project grant must be a (1) school district, (2) education
district, (3) group of districts cooperating for a particular
purpose, or (4) eligible program under contract with a school
district to provide educational services in the high school
graduation incentives program under Minnesota Statutes, section
126.22. To meet the requirement in paragraph (b), clause (1),
an applicant may apply jointly with a provider of an employment
and training program administered through the department of jobs
and training.
(b) To be eligible for a pilot project grant, an applicant
must meet all of the following criteria:
(1) have operated or must be applying jointly with an
entity which has operated a youth employment program serving
targeted young people, administered through the department of
jobs and training, for at least two years before applying for
the grant;
(2) have operated a specialized or nontraditional education
program designed to meet the needs of targeted young people, for
at least two years before applying for the grant;
(3) develop a plan to identify and assess the knowledge,
skills, and aptitudes of targeted young people under subdivision
1; and
(4) must use the results of the assessment to provide
appropriate education and employment opportunities to targeted
young people that promote a sense of self-sufficiency,
self-esteem, and community.
Subd. 3. [APPLICATION PROCESS.] To obtain a pilot project
grant under this section, an applicant must submit an
application to the commissioner of jobs and training in the form
and manner prescribed by the commissioner after consultation
with the commissioner of education. The application must
describe how the applicant will assist targeted young people to
set useful education and employment goals, secure meaningful
employment, and lead productive lives within their community.
The applicant must also indicate what resources will be
available to continue the program if it is found to be
effective. The commissioner may require additional information
from an applicant.
Subd. 4. [REVIEWING APPLICATIONS.] When reviewing
applications, the commissioner shall determine whether all the
requirements in subdivisions 2 and 3 are met. The commissioner,
in consultation with the commissioner of education, shall, at a
minimum, consider the following when reviewing applications:
(1) the education and employment activities proposed for
the program;
(2) the demonstrated effectiveness of the applicant or
joint applicants as a provider of similar services to targeted
young people;
(3) the attraction and use of other resources including
federal and state education funding, federal and state
employment training funding, local and private funding, and
targeted jobs tax credits in funding the proposed programs;
(4) the availability of both the education and employment
components of the program on a year-round basis; and
(5) diversity in the geographic location and delivery
mechanism of the proposed programs.
Subd. 5. [GRANT AWARDS.] The commissioner may award up to
two pilot project grants, one in the seven-county metropolitan
area and one in outstate Minnesota. Up to ten percent of the
Minnesota youth program slots in the service delivery areas of
the successful grantees shall be made available for the purposes
of this section.
Subd. 6. [PRELIMINARY REPORT.] The commissioner shall
provide a preliminary report on the employment and education
projects to the education and judiciary committees of the
legislature no later than February 1, 1992. The report shall
describe the projects which have been funded and shall include
any preliminary information on the implementation and results of
the projects. * (Section 23 was vetoed by the governor.)
Sec. 24. [TRANSFER OF CHILDREN'S TRUST FUND TO DEPARTMENT
OF HUMAN SERVICES.]
Subdivision 1. [COMMISSIONER OF HUMAN SERVICES.] All
powers and duties imposed on the commissioner of public safety
relating to the children's trust fund for the prevention of
child abuse under Minnesota Statutes, sections 299A.20 to
299A.27 are transferred to and imposed on the commissioner of
human services.
Subd. 2. [TRANSFER OF POWER.] The provisions of Minnesota
Statutes, section 15.039, apply to the transfer of power and
duties of the commissioner of public safety imposed by Minnesota
Statutes, sections 299A.20 to 299A.27 to the commissioner of
human services.
Subd. 3. [ADVISORY COUNCIL.] On transfer of powers and
duties to the commissioner of human services, the members of the
advisory board established under Minnesota Statutes, section
299A.23, subdivision 2, shall continue to serve the remainder of
their terms. Upon completion of their terms, the new appointing
authority may appoint successors as provided by law.
Sec. 25. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall renumber each section of
Minnesota Statutes specified in column A with the number set
forth in column B. The revisor shall also make necessary
cross-reference changes consistent with the renumbering.
Column A Column B
299A.20 257.80
299A.21 257.801
299A.22 257.802
299A.23 257.803
299A.24 257.804
299A.25 257.805
299A.26 257.806
299A.27 257.807
Sec. 26. [EFFECTIVE DATE.]
Sections 13 and 14 are effective August 1, 1991, and apply
to sentences imposed after that date.
ARTICLE 9
HOUSING
Section 1. Minnesota Statutes 1990, section 116C.04, is
amended by adding a subdivision to read:
Subd. 11. The environmental quality board shall coordinate
the implementation of an interagency compliance with existing
state and federal lead regulations and report to the legislature
by January 31, 1992, on the changes in programs needed to comply.
Sec. 2. Minnesota Statutes 1990, section 144.871,
subdivision 2, is amended to read:
Subd. 2. [ABATEMENT.] "Abatement" means removal or
encapsulation of paint, bare soil, dust, drinking water, or
other materials that are sources readily accessible and pose an
immediate threat of actual lead exposure to people. The
abatement rules to be adopted under section 144.878, subdivision
2, shall apply as described in section 144.874.
Sec. 3. Minnesota Statutes 1990, section 144.871,
subdivision 7, is amended to read:
Subd. 7. [ENCAPSULATION.] "Encapsulation" means covering,
sealing, painting, resurfacing to make smooth before repainting,
or containment of a source of lead exposure to people.
Sec. 4. [144.8721] [LEAD-RELATED CONTRACTS FOR FISCAL
YEARS 1992 AND 1993.]
For fiscal years 1992 and 1993, the commissioner shall
conduct, or contract with boards of health to conduct,
assessments to determine sources of lead contamination in the
residences of children and pregnant women whose blood levels
exceed ten micrograms per deciliter. For fiscal years 1992 and
1993, the commissioner shall also provide, or contract with
boards of health to provide, education on ways of reducing the
danger of lead contamination.
Sec. 5. Minnesota Statutes 1990, section 144.873,
subdivision 1, is amended to read:
Subdivision 1. [REPORT REQUIRED.] Medical laboratories
performing blood lead analyses must report to the commissioner
confirmed blood lead results of at least five micrograms per
deciliter. Boards of health must report to the commissioner the
results of analyses from residential samples of paint, bare
soil, dust, and drinking water that show lead in concentrations
greater than or equal to the lead standards adopted by permanent
rule under section 144.878, subdivision 2, paragraphs (a) and
(c). The commissioner shall require other related information
from medical laboratories and boards of health as may be needed
to monitor and evaluate blood lead levels in the public,
including the date of the test and the address of the patient.
Sec. 6. Minnesota Statutes 1990, section 144.874,
subdivision 1, is amended to read:
Subdivision 1. [RESIDENCE ASSESSMENT.] (a) A board of
health must conduct a timely assessment of a residence to
determine sources of lead exposure if:
(1) a pregnant woman in the residence is identified as
having a blood lead level of at least ten micrograms of lead per
deciliter of whole blood; or
(2) a child in the residence is identified as having an
elevated blood lead level. If a child regularly spends several
hours per day at another residence, such as a residential child
care facility, the board of health must also assess the other
residence.
(b) The board of health must conduct the residential
assessment according to rules adopted by the commissioner
according to section 144.878, subdivision 1.
Sec. 7. Minnesota Statutes 1990, section 144.874,
subdivision 2, is amended to read:
Subd. 2. [RESIDENTIAL LEAD ASSESSMENT GUIDE.] (a) The
commissioner of health shall develop or purchase a residential
lead assessment guide that enables parents to assess the
possible lead sources present and that suggests actions.
(b) A board of health must provide the residential lead
assessment guide to:
(1) parents of children who are identified as having blood
lead levels of at least ten micrograms per deciliter; and
(2) property owners and occupants who are issued housing
code orders requiring disruption of lead sources.
(c) A board of health must provide the residential lead
assessment guide on request to owners or tenants of residential
property within the jurisdiction of the board of health.
Sec. 8. Minnesota Statutes 1990, section 144.874,
subdivision 3, is amended to read:
Subd. 3. [ABATEMENT ORDERS.] A board of health must order
a property owner to perform abatement on a lead source that
exceeds a standard adopted according to section 144.878,
subdivision 2, paragraph (a), at the residence of a child with
an elevated blood lead level or a pregnant woman with a blood
lead level of at least ten micrograms per deciliter. Abatement
orders must require that any source of damage, such as leaking
roofs, plumbing, and windows, must be repaired or replaced, as
needed, to prevent damage to lead-containing interior surfaces.
With each abatement order, the board of health must provide a
residential lead abatement guide. The guide must be
developed or purchased by the commissioner and must provide
information on safe abatement and disposal methods, sources of
equipment, and telephone numbers for additional information to
enable the property owner to either perform the abatement or to
intelligently select an abatement contractor.
Sec. 9. Minnesota Statutes 1990, section 144.874, is
amended by adding a subdivision to read:
Subd. 8. [AUTHORITY OF COMMISSIONER.] The commissioner may
carry out the duties assigned to boards of health in
subdivisions 1 to 6.
Sec. 10. Minnesota Statutes 1990, section 144.874, is
amended by adding a subdivision to read:
Subd. 9. [PRIMARY PREVENTION.] Although children who are
found to already have elevated blood lead levels must have the
highest priority for intervention, the commissioner shall pursue
primary prevention of lead poisoning within the limits of
appropriations.
Sec. 11. Minnesota Statutes 1990, section 144.874, is
amended by adding a subdivision to read:
Subd. 10. [REGISTERED CONTRACTORS.] State-subsidized lead
abatement shall be conducted by registered lead abatement
contractors.
Sec. 12. Minnesota Statutes 1990, section 144.874, is
amended by adding a subdivision to read:
Subd. 11. [VOLUNTARY ABATEMENT.] The commissioner shall
enforce the rules under section 144.878 in cases of voluntary
lead abatement.
Sec. 13. Minnesota Statutes 1990, section 144.874, is
amended by adding a subdivision to read:
Subd. 12. [ENFORCEMENT REPORT.] The commissioner shall
examine compliance with Minnesota's existing lead standards and
rules and report to the legislature by January 15, 1992, on an
evaluation of current levels of compliance, the need for any
additional enforcement procedures, recommendations on developing
a method to enforce compliance with lead standards and cost
estimates for any proposed enforcement procedure.
Sec. 14. Minnesota Statutes 1990, section 268.39, is
amended to read:
268.39 [LIFE SKILLS AND EMPLOYMENT GRANTS.]
The commissioner may provide grants to organizations for
the development and administration of life skills and employment
plans for homeless individuals that reside in residential units
constructed or rehabilitated under section 462A.05, subdivision
29 20. Grants awarded under this section may also be used for
the management of these residential units. The organizations
that receive grants under this section must coordinate their
efforts with organizations that receive grants under section
462A.05, subdivision 29 20.
A life skills and employment plan must be developed for
each tenant residing in a dwelling that receives funding under
section 462A.05, subdivision 29 20. The plan may include
preapprentice and apprenticeship training in the area of housing
rehabilitation. If preapprentice and apprenticeship training is
part of a plan, the organization must consult with labor
organizations experienced in working with apprenticeship
programs. The completion or compliance with the individual life
skills and employment plan must be required for a tenant to
remain in a unit constructed or rehabilitated under section
462A.05, subdivision 29 20.
The application for a grant under this section must include
a plan that must provide for:
(1) training for tenants in areas such as cleaning and
maintenance, payment of rent, and roommate skills, and
(2) tenant selection and rental policies that ensure rental
of units to people who are homeless if applicable.
The applicant must provide a proposed occupancy contract if
applicable, the name and address of the rental agent if
applicable, and other information the commissioner considers
necessary with the application.
The commissioner may adopt permanent rules to administer
this grant program.
Sec. 15. Minnesota Statutes 1990, section 462A.03,
subdivision 10, is amended to read:
Subd. 10. "Persons and families of low and moderate
income" means persons and families, irrespective of race, creed,
national origin or, sex, or status with respect to guardianship
or conservatorship, determined by the agency to require such
assistance as is made available by sections 462A.01 to 462A.24
on account of personal or family income not sufficient to afford
adequate housing. In making such determination the agency shall
take into account the following: (a) The amount of the total
income of such persons and families available for housing needs,
(b) the size of the family, (c) the cost and condition of
housing facilities available, (d) the eligibility of such
persons and families to compete successfully in the normal
housing market and to pay the amounts at which private
enterprise is providing sanitary, decent and safe housing. In
the case of federally subsidized mortgages with respect to which
income limits have been established by any agency of the federal
government having jurisdiction thereover for the purpose of
defining eligibility of low and moderate income families, the
limits so established shall govern under the provision of
sections 462A.01 to 462A.24. In all other cases income limits
for the purpose of defining low or moderate income persons shall
be established by the agency by emergency or permanent rules.
Sec. 16. Minnesota Statutes 1990, section 462A.03,
subdivision 13, is amended to read:
Subd. 13. "Eligible mortgagor" means a nonprofit or
cooperative housing corporation, the department of
administration for the purpose of developing community-based
programs as defined in sections 252.50 and 253.28, limited
profit entity or a builder as defined by the agency in its
rules, which sponsors or constructs residential housing as
defined in subdivision 7, or a natural person of low or moderate
income, except that the return to a limited dividend entity
shall not exceed ten percent of the capital contribution of the
investors or such lesser percentage as the agency shall
establish in its rules; provided that residual receipts funds of
a limited dividend entity may be used for agency-approved,
housing-related investments owned by the limited dividend entity
without regard to the limitation on returns. Owners of existing
residential housing occupied by renters shall be eligible for
rehabilitation loans, only if, as a condition to the issuance of
the loan, the owner agrees to conditions established by the
agency in its rules relating to rental or other matters that
will insure that the housing will be occupied by persons and
families of low or moderate income. The agency shall require by
rules that the owner give preference to those persons of low or
moderate income who occupied the residential housing at the time
of application for the loan.
Sec. 17. Minnesota Statutes 1990, section 462A.03,
subdivision 16, is amended to read:
Subd. 16. "Mentally ill person" shall have the meaning
prescribed by section 253B.02, subdivision 13 means a person
with a mental illness, an adult with an acute mental illness, or
a person with a serious and persistent mental illness, as
prescribed by section 245.462, subdivision 20.
Sec. 18. Minnesota Statutes 1990, section 462A.03, is
amended by adding a subdivision to read:
Subd. 22. [NONPROFIT ORGANIZATION.] "Nonprofit
organization" means a housing and redevelopment authority
established under sections 469.001 to 469.047, or other law, or
a partnership, joint venture, corporation, or association which
is established for a purpose not involving pecuniary gain to the
members, partners, or shareholders; pays no dividends or other
pecuniary remuneration to the members, partners, or
shareholders; and in the case of a private nonprofit
corporation, is established under chapter 317A and is in
compliance with chapter 317A. A nonprofit organization does not
include a limited dividend entity.
Sec. 19. Minnesota Statutes 1990, section 462A.05,
subdivision 14, is amended to read:
Subd. 14. [REHABILITATION LOANS.] It may agree to
purchase, make, or otherwise participate in the making, and may
enter into commitments for the purchase, making, or
participation in the making, of eligible loans for
rehabilitation to persons and families of low and moderate
income, and to owners of existing residential housing for
occupancy by such persons and families, for the rehabilitation
of existing residential housing owned by them. The loans may be
insured or uninsured and may be made with security, or may be
unsecured, as the agency deems advisable. The loans may be in
addition to or in combination with long-term eligible mortgage
loans under subdivision 3. They may be made in amounts
sufficient to refinance existing indebtedness secured by the
property, if refinancing is determined by the agency to be
necessary to permit the owner to meet the owner's housing cost
without expending an unreasonable portion of the owner's income
thereon. No loan for rehabilitation shall be made unless the
agency determines that the loan will be used primarily to make
the housing more desirable to live in, to increase the market
value of the housing, for compliance with state, county or
municipal building, housing maintenance, fire, health or similar
codes and standards applicable to housing, or to accomplish
energy conservation related improvements. In unincorporated
areas and municipalities not having codes and standards, the
agency may, solely for the purpose of administering the
provisions of this chapter, establish codes and
standards. Except for accessibility improvements under
subdivision 14d, no loan for rehabilitation of any property
shall be made in an amount which, with all other existing
indebtedness secured by the property, would exceed its market
value, as determined by the agency. No loan under this
subdivision shall be denied solely because the loan will not be
used for placing the residential housing in full compliance with
all state, county, or municipal building, housing maintenance,
fire, health, or similar codes and standards applicable to
housing. Rehabilitation loans shall be made only when the
agency determines that financing is not otherwise available, in
whole or in part, from private lenders upon equivalent terms and
conditions.
Sec. 20. Minnesota Statutes 1990, section 462A.05, is
amended by adding a subdivision to read:
Subd. 14d. [ACCESSIBILITY LOAN PROGRAM.] Rehabilitation
loans authorized under subdivision 14 may be made to eligible
persons and families whose income does not exceed the maximum
income limits allowable under section 143(f) of the Internal
Revenue Code of 1986, as amended through June 30, 1991.
A person or family is eligible to receive an accessibility
loan under the following conditions:
(1) the borrower or a member of the borrower's family
requires a level of care provided in a hospital, skilled nursing
facility, or intermediate care facility for persons with mental
retardation or related conditions;
(2) home care is appropriate; and
(3) the improvement will enable the borrower or a member of
the borrower's family to reside in the housing.
Sec. 21. Minnesota Statutes 1990, section 462A.05, is
amended by adding a subdivision to read:
Subd. 15c. [RESIDENTIAL LEAD ABATEMENT.] It may make or
purchase loans or grants for the abatement of hazardous levels
of lead paint in residential buildings and lead contaminated
soil on the property of residential buildings occupied by low-
and moderate-income persons. Hazardous levels are as determined
by the department of health or the pollution control agency.
The agency must establish grant criteria for a residential lead
paint and lead contaminated soil abatement program, including
the terms of loans and grants under this section, a maximum
amount for loans or grants, eligible owners, eligible
contractors, and eligible buildings. The agency may make grants
to cities, local units of government, registered lead abatement
contractors, and nonprofit organizations for the purpose of
administering a residential lead paint and contaminated lead
soil abatement program. No loan or grant may be made for lead
paint abatement for a multifamily building which contains
substantial housing maintenance code violations unless the
violations are being corrected in conjunction with receipt of
the loan or grant under this section. The agency must establish
standards for the relocation of families where necessary and the
payment of relocation expenses. To the extent possible, the
agency must coordinate loans and grants under this section with
existing housing programs.
The agency, in consultation with the department of health,
shall report to the legislature by January 1993 on the costs and
benefits of subsidized lead abatement and the extent of the
childhood lead exposure problem. The agency shall review the
effectiveness of its existing loan and grant programs in
providing funds for residential lead abatement and report to the
legislature with examples, case studies and recommendations.
Sec. 22. Minnesota Statutes 1990, section 462A.05,
subdivision 20, is amended to read:
Subd. 20. [SPECIAL NEEDS HOUSING FOR HOMELESS PERSONS.]
(a) The agency may make loans or grants to for profit, limited
dividend, or nonprofit sponsors, as defined by the
agency, eligible mortgagors for the acquisition, rehabilitation,
and construction of residential housing to be used to provide
for the following purposes:
(1) temporary or transitional housing to low- and
moderate-income for low-income persons and families having an
immediate need for temporary or transitional housing as a result
of natural disaster, resettlement, condemnation, displacement,
lack of habitable housing, or other cause as defined by the
agency. Loans or grants for residential housing for migrant
farmworkers may be made under this paragraph. Residential
housing for migrant farmworkers must contain cooking, sleeping,
bathroom facilities, and hot and cold running water in the same
structure;
(2) housing to be used by low-income persons living alone;
and
(3) housing for homeless individuals and families.
(b) Housing under this subdivision must be for low-income
families and individuals.
(c) The agency may make planning grants to nonprofit
organizations to develop coordinated training and housing
programs for homeless adults.
(d) Loans or grants pursuant to under this subdivision
shall must not be used for residential care facilities or, for
facilities that provide housing available for occupancy on less
than a 24-hour continuous basis, or for any residential housing
that requires occupants to accept board as well as lodging. To
the extent possible, a sponsor shall combine the loan or grant
with other funds obtained from public and private sources. In
making loans or grants, the agency shall determine the
circumstances under which and the terms and conditions under
which all or any portion thereof will be repaid and the
appropriate security should repayment be required.
(e) Loans or grants under this subdivision must not exceed
50 percent of the development costs. Donated property may be
used to satisfy the match requirement.
(f) All occupants of permanent housing financed under this
subdivision must be offered a written lease that complies with
section 325G.31, offers the occupants the option to renew, and
prohibits eviction of an occupant without good cause.
(g) Priority must be given to viable proposals with the
total lowest cost per person served.
(h) The selection criteria for the program must include the
following: the extent to which proposals use donated, leased,
abandoned, or empty dwellings owned by a public entity or
property being sold by the Resolution Trust Corporation or the
Department of Housing and Urban Development; and the extent to
which applicants consulted with advocates for the homeless,
representatives from neighborhood groups, and representatives
from labor organizations in preparing the proposal.
Sec. 23. Minnesota Statutes 1990, section 462A.05, is
amended by adding a subdivision to read:
Subd. 20a. [SPECIAL NEEDS HOUSING FOR CHEMICALLY DEPENDENT
ADULTS.] (a) The agency may make loans or grants to for-profit,
limited-dividend, or nonprofit sponsors, as defined by the
agency, for residential housing to be used to provide temporary
or transitional housing to low- and moderate-income persons and
families having an immediate need for temporary or transitional
housing as a result of natural disaster, resettlement,
condemnation, displacement, lack of habitable housing, or other
cause defined by the agency.
(b) Loans or grants for housing for chronic chemically
dependent adults may be made under this subdivision. Housing
for chronic chemically dependent adults must satisfy the
following conditions:
(1) be certified by the department of health or the city as
a board and lodging facility or single residence occupancy
housing;
(2) meet all applicable health, building, fire safety, and
zoning requirements;
(3) be located in an area significantly distant from the
present location of county detoxification service sites;
(4) make available the services of trained personnel to
appraise each client before or upon admission and to provide
information about medical, job training, and chemical dependency
services as necessary;
(5) provide on-site security designed to assure the health
and safety of clients, staff, and neighborhood residents; and
(6) operate with the guidance of a neighborhood-based board.
Priority for loans and grants made under this paragraph
must be given to proposals that address the needs of the Native
American population and veterans of military services for this
type of housing.
(c) Loans or grants pursuant to this subdivision must not
be used for facilities that provide housing available for
occupancy on less than a 24-hour continuous basis. To the
extent possible, a sponsor shall combine the loan or grant with
other funds obtained from public and private sources. In making
loans or grants, the agency shall determine the circumstances,
terms, and conditions under which all or any portion of the loan
or grant will be repaid and the appropriate security should
repayment be required.
Sec. 24. Minnesota Statutes 1990, section 462A.05, is
amended by adding a subdivision to read:
Subd. 36. [LEASE-PURCHASE HOUSING.] The agency may make
grants or loans to nonprofit organizations, local government
units, Indian tribes, and Indian tribal organizations to finance
the acquisition, improvement, rehabilitation, and lease-purchase
of existing housing for persons of low and moderate income. A
person or family is eligible to participate in a lease-purchase
agreement if the person's or family's income does not exceed 60
percent of the greater of (1) state median income, or (2) area
or county median income. The lease agreement must provide for a
portion of the lease payment to be escrowed as a down payment on
the housing. A property containing two or fewer dwelling units
is eligible for financing under the lease-purchase housing
program. A loan made under this subdivision must be repaid to
the agency upon sale of the housing. The agency may only make
grants or loans under this subdivision from funds specifically
appropriated by the legislature for that purpose.
Sec. 25. Minnesota Statutes 1990, section 462A.05, is
amended by adding a subdivision to read:
Subd. 37. [BLIGHTED RESIDENTIAL PROPERTY ACQUISITION AND
REHABILITATION; NEIGHBORHOOD LAND TRUST.] The agency may make
grants to cities for the purpose of acquisition and demolition
of blighted residential property and gap financing for the
rehabilitation of blighted residential property or construction
of new housing on the property. Gap financing is financing for
the difference between the cost of the improvement of the
blighted property, including acquisition, demolition,
rehabilitation, and construction, and the market value of the
property upon sale. Grants under this section must be used for
households with income less than or equal to the county or area
median income as determined by the United States Department of
Housing and Urban Development. Cities may use the grants to
establish revolving loan funds and provide loans and grants to
eligible mortgagors for the acquisition, demolition,
redevelopment, and rehabilitation of blighted residential
property located in a neighborhood designated by the city for
neighborhood preservation. The city may determine the terms and
conditions of the loans and grants. The agency may make grants
or loans to nonprofit organizations for the purpose of
organizing or funding neighborhood land trust projects. The
projects must assure the long-term affordability of neighborhood
housing by maintaining ownership of the land through a
neighborhood land trust.
Sec. 26. Minnesota Statutes 1990, section 462A.08,
subdivision 2, is amended to read:
Subd. 2. The agency from time to time may issue bonds or
notes for the purpose of refunding any bonds or notes of the
agency then outstanding, or, with the consent of the original
issuer, any bonds or notes then outstanding issued by an issuer
other than the agency for the purpose of making or purchasing
loans for single family housing or multifamily housing
developments, including the payment of any redemption premiums
thereon and any interest accrued or to accrue to the redemption
date next succeeding the date of delivery of such refunding
bonds or notes. The proceeds of any such refunding bonds or
notes may, in the discretion of the agency, be applied to the
purchase or payment at maturity of the bonds or notes to be
refunded, or to the redemption of such outstanding bonds or
notes on the redemption date next succeeding the date of
delivery of such refunding bonds or notes and may, pending such
application, be placed in escrow to be applied to such purchase,
retirement, or redemption. Any such escrowed proceeds, pending
such use, may be invested and reinvested in obligations issued
or guaranteed by the state or the United States or by any agency
or instrumentality thereof, or in certificates of deposit or
time deposits secured in such manner as the agency shall
determine, maturing at such time or times as shall be
appropriate to assure the prompt payment of the principal of and
interest and redemption premiums, if any, on the bonds or notes
to be refunded. The income earned or realized on any such
investment may also be applied to the payment of the bonds or
notes to be refunded. After the terms of the escrow have been
fully satisfied, any balance of such proceeds and investment
income may be returned to the agency for use by it in any lawful
manner. All refunding bonds or notes issued under the
provisions of this subdivision shall be issued and secured in
the manner provided by resolution of the agency. If bonds or
notes are issued by the agency to refund bonds or notes issued
by an issuer other than the agency, as authorized by this
subdivision, the agency and said issuer may enter into such
agreements as they may deem appropriate to facilitate such
transaction.
Sec. 27. [462A.205] [RENT ASSISTANCE FOR FAMILY
STABILIZATION DEMONSTRATION PROJECT.]
Subdivision 1. [FAMILY STABILIZATION DEMONSTRATION
PROJECT.] The agency, in consultation with the department of
human services, may establish a rent assistance for family
stabilization demonstration project. The purpose of the project
is to provide rental assistance to families who, at the time of
initial eligibility for rental assistance under this section,
were receiving public assistance, and had a caretaker parent
participating in a self-sufficiency program and at least one
minor child. The demonstration project is limited to counties
with high average housing costs. The program must offer two
options: a voucher option and a project-based voucher option.
The funds may be distributed on a request for proposal basis.
Subd. 2. [DEFINITIONS.] For the purposes of this section,
the following terms have the meaning given them.
(a) "Caretaker parent" means a parent, relative caretaker,
or minor caretaker as defined by the aid to families with
dependent children program, sections 256.72 to 256.87.
(b) "Counties with high average housing costs" means
counties whose average federal section 8 fair market rents as
determined by the Department of Housing and Urban Development
are in the highest one-third of average rents in the state.
(c) "Designated rental property" is rental property (1)
that is made available by a self-sufficiency program for use by
participating families and meets federal section 8 existing
quality standards, or (2) that has received federal, state, or
local rental rehabilitation assistance since January 1, 1987,
and meets federal section 8 existing housing quality standards.
(d) "Gross family income" for a family receiving rental
assistance under this section means the gross amount of the
wages, salaries, social security payments, pensions, workers'
compensation, unemployment compensation, public assistance
payments, alimony, child support, and income from assets
received by the family.
(e) "Local housing agency" means the agency of local
government responsible for administering the Department of
Housing and Urban Development's section 8 existing voucher and
certificate program.
(f) "Public assistance" means aid to families with
dependent children, family general assistance, or family work
readiness.
(g) "Self-sufficiency program" means a program operated by
a certified employment and training service provider as defined
in section 256.736, subdivision 1a, paragraph (e), an
employability program administered by a community action agency,
or courses of study at an accredited institution of higher
education pursued with at least half-time student status.
Subd. 3. [LOCAL HOUSING AGENCY.] The agency may contract
with a local housing agency to administer the rent assistance
under this section. The local housing agency must be paid an
administrative fee. The administrative fee is equal to the
greater of ten percent of the amount of the subsidy or $15 per
unit per month.
Subd. 4. [AMOUNT AND PAYMENT OF RENT ASSISTANCE.] (a) This
subdivision applies to both the voucher option and the
project-based voucher option.
(b) Within the limits of available appropriations, eligible
families may receive monthly rent assistance for a 36-month
period starting with the month the family first receives rent
assistance under this section. The amount of the family's
portion of the rental payment is equal to at least 30 percent of
gross income.
(c) The rent assistance must be paid by the local housing
agency to the property owner.
(d) Subject to the limitations in (e), the amount of rent
assistance is the difference between the rent and the family's
portion of the rental payment.
(e) In no case:
(1) may the amount of monthly rent assistance be more than
$200;
(2) may the owner receive more rent for assisted units than
for comparable unassisted units; nor
(3) may the amount of monthly rent assistance be more than
the difference between the family's portion of the rental
payment and the fair market rent for the unit as determined by
the Department of Housing and Urban Development.
Subd. 5. [VOUCHER OPTION.] At least one-half of the
appropriated funds must be made available for a voucher option.
Under the voucher option, the Minnesota housing finance agency,
in consultation with the department of human services, will
award a number of vouchers to self-sufficiency program
administrators for participating families. Families may use the
voucher for any rental housing that is certified by the local
housing agency as meeting section 8 existing housing quality
standards.
Subd. 6. [PROJECT-BASED VOUCHER OPTION.] A portion of the
appropriated funds must be made available for a project-based
voucher option. Under the project-based voucher option, the
Minnesota housing finance agency, in consultation with the
department of human services, will award a number of vouchers to
self-sufficiency program administrators for participating
families who live in designated rental property that is
certified by a local housing agency as meeting section 8
existing housing quality standards. The Minnesota housing
finance agency and local housing agencies must work with
self-sufficiency program administrators to identify rental
property that has received rental rehabilitation assistance
since January 1, 1987. The agency may set aside a portion of
the funds to be used in connection with rental rehabilitation
projects which will be completed by July 1, 1992.
Subd. 7. [PROPERTY OWNER.] In order to receive rent
assistance payments, the property owner must enter into a
standard lease agreement with the family which includes a clause
providing for good cause evictions only. Otherwise, the lease
may be any standard lease agreement. The agency and local
housing agencies must make model lease agreements available to
participating families and property owners.
Sec. 28. Minnesota Statutes 1990, section 462A.21,
subdivision 4k, is amended to read:
Subd. 4k. [HOUSING DEVELOPMENT FUND.] The agency may make
grants for residential housing for low-income persons under
section 462A.05, subdivision 28 20, and may pay the costs and
expenses for the development and operation of the program.
Sec. 29. Minnesota Statutes 1990, section 462A.21,
subdivision 12a, is amended to read:
Subd. 12a. [PROGRAM MONEY TRANSFER.] Grants authorized
under section 462A.05, subdivisions 20, 28, and 29 subdivision
20, may be made only with specific appropriations by the
legislature, but unencumbered balances of money appropriated for
the purpose of loans or grants for agency programs under these
subdivisions may be transferred between programs created by
these subdivisions or in accordance with section 462A.20,
subdivision 3.
Sec. 30. Minnesota Statutes 1990, section 462A.21,
subdivision 14, is amended to read:
Subd. 14. It may make housing grants for homeless
individuals as provided in section 462A.05, subdivision 29 20,
and may pay the costs and expenses for the development and
operation of the program.
Sec. 31. Minnesota Statutes 1990, section 462A.21, is
amended by adding a subdivision to read:
Subd. 16. [RESIDENTIAL LEAD PAINT AND LEAD CONTAMINATED
SOIL ABATEMENT.] It may make loans or grants for the purpose of
the abatement of hazardous levels of lead paint in residential
buildings and lead contaminated soil under section 462A.05,
subdivision 15c, and may pay the costs and expenses necessary
and incidental to the development and operation of the program.
Sec. 32. Minnesota Statutes 1990, section 462A.22,
subdivision 9, is amended to read:
Subd. 9. [BIENNIAL REPORT.] The agency shall also submit a
biennial report of its activities, projected activities, and
receipts, and expenditures a plan for the next biennium, to the
governor and the legislature on or before January February 15 in
each odd-numbered year. The report shall include the
distribution of money under each agency program by county,
except for counties containing a city of the first class, where
the distribution shall be reported by municipality.
In addition, the report shall include the cost to the
agency of the issuance of its bonds for each issue in the
biennium, along with comparable information for other state
housing finance agencies.
Sec. 33. Minnesota Statutes 1990, section 462A.222,
subdivision 3, is amended to read:
Subd. 3. [ALLOCATION PROCEDURE.] (a) Projects will be
awarded tax credits in three competitive rounds on an annual
basis. The date for applications for each round must be
determined by the agency. No allocating agency may award tax
credits prior to the application dates established by the agency.
(b) Each allocating agency must meet the requirements of
section 42(m) of the Internal Revenue Code of 1986, as amended
through December 31, 1989, for the allocation of tax credits and
the selection of projects.
(c) For applications submitted for the first round, an
allocating agency may allocate tax credits only to the following
types of projects:
(1) single-room occupancy projects which are affordable by
households whose income does not exceed 30 percent of the median
income;
(2) family housing projects in which at least 75 percent of
the units contain two or more bedrooms and at least one-third of
the 75 percent contain three or more bedrooms;
(3) projects in which at least 50 percent a percentage of
the units are for mentally ill, mentally retarded, drug
dependent, developmentally disabled, or physically
handicapped set aside and rented to persons:
(i) with a serious and persistent mental illness as defined
in section 245.462, subdivision 20, paragraph (c);
(ii) with a developmental disability as defined in United
States Code, title 42, section 6001, paragraph (5), as amended
through December 31, 1990;
(iii) who have been assessed as drug dependent persons as
defined in section 254A.02, subdivision 5, and are receiving or
will receive care and treatment services provided by an approved
treatment program as defined in section 254A.02, subdivision 2;
(iv) with a brain injury as defined in section 256B.093,
subdivision 4, paragraph (a); or
(v) with physical disabilities if at least 50 percent of
the units are accessible as provided under Minnesota Rules,
chapter 1340;
(4) projects which preserve existing subsidized housing
which is subject to prepayment if the use of tax credits is
necessary to prevent conversion to market rate use; or
(5) projects financed by the Farmers Home Administration
which meet statewide distribution goals.
(d) Before the date for applications for the second round,
the allocating agencies other than the agency shall return all
uncommitted and unallocated tax credits to the pool from which
they were allocated, along with copies of any allocation or
commitment. In the second round, the agency shall allocate the
remaining credits from the regional pools to projects from the
respective regions.
(e) In the third round, all unallocated tax credits must be
transferred to a unified pool for allocation by the agency on a
statewide basis.
(f) Unused portions of the state ceiling for low-income
housing tax credits reserved to cities and counties for
allocation may be returned at any time to the agency for
allocation.
Sec. 34. [462A.32] [HOUSING CAPITAL RESERVE PROGRAM.]
Subdivision 1. [PROGRAM AUTHORIZATION.] The agency may
establish the housing capital reserve program for the purposes
of encouraging private financial institutions to participate in
the preservation or rehabilitation of the existing housing stock
and providing single-family home ownership and affordable rental
housing opportunities. The agency may enter agreements with
cities for city financial participation in the housing capital
reserve program.
Subd. 2. [STATEWIDE HOUSING RESERVE FUND.] The agency may
establish a statewide housing reserve fund consisting of agency
and city funds for the purpose of securing housing
rehabilitation loans and housing purchase-rehabilitation loans.
Loans from the reserve fund may be sold on the secondary
market. The agency or city may issue appropriate debt capital
instruments, including taxable or tax-exempt bonds, secured by
the reserve fund. The agency may use the reserve fund to secure
the debt instruments or for credit enhancement purposes.
Proceeds may be used to make housing rehabilitation loans and
housing purchase-rehabilitation loans. The reserve fund may be
used to provide additional security for loans provided by public
agencies and private lenders to finance the preservation and
rehabilitation of existing housing stock and provide affordable
rental housing opportunities.
Subd. 3. [ELIGIBLE LOANS.] Rehabilitation loans made and
pooled under this section may consist of both single and
multifamily housing rehabilitation loans.
Purchase-rehabilitation loans may be made and pooled for the
purpose of single-family housing.
Sec. 35. Minnesota Statutes 1990, section 474A.048,
subdivision 2, is amended to read:
Subd. 2. [LIMITATION; ORIGINATION PERIOD.] During the
first ten months of an origination period, the Minnesota housing
finance agency or a city may make loans financed with proceeds
of mortgage bonds for the purchase of existing housing. Loans
financed with the proceeds of mortgage bonds for new housing in
the metropolitan area may be made during the first ten months of
an origination period only if at least one of the following
conditions is met:
(1) the new housing is located in a redevelopment area and
is replacing a structurally substandard structure or structures;
(2) the new housing is located on a parcel purchased by the
city or conveyed to the city under section 282.01, subdivision
1; or
(3) the new housing is part of a housing affordability
initiative, other than those financed with the proceeds from the
sale of bonds, in which federal, state, or local assistance is
used to substantially improve the terms of the financing or to
substantially write down the purchase price of the new housing.;
or
(4) the new housing is accessible housing and the borrower
or a member of the borrower's family is a person with a
disability. For the purposes of this clause, "accessible
housing" means a dwelling unit with the modifications necessary
to enable a person with a disability to function in a
residential setting. "A person with a disability" means a
person who has a permanent physical condition which is not
correctable and which substantially reduces the person's ability
to function in a residential setting. A person with a physical
condition which does not require the use of a device to increase
mobility must be deemed a person with a disability upon written
certification of a licensed physician that the physical
condition substantially limits the person's ability to function
in a residential setting.
Upon expiration of the first ten-month period, the agency
or a city may make loans financed with the proceeds of mortgage
bonds for the purchase of new and existing housing.
Sec. 36. Laws 1987, chapter 404, section 28, subdivision
1, is amended to read:
Subdivision 1. Total
Appropriation $9,526,700 $9,526,700
Approved complement - 129
Spending limit on cost of general
administration of agency programs:
1988 1989
$ 6,235,000 $ 6,547,000
This appropriation is for transfer to
the housing development fund for the
programs specified.
$150,000 the first year and $150,000
the second year are for home sharing
programs under Minnesota Statutes,
section 462A.05, subdivision 24.
$990,000 the first year and $990,000
the second year are for home ownership
assistance under Minnesota Statutes,
section 462A.21, subdivision 8.
$2,225,000 the first year and
$2,225,000 the second year are for home
ownership, home improvement, and
multifamily bond leveraging interest
rate write-downs under Minnesota
Statutes, sections 462A.21,
subdivisions 4b and 8a.
$1,885,000 the first year and
$1,885,000 the second year are for
tribal Indian housing programs under
Minnesota Statutes, section 462A.07,
subdivision 14, of which $125,000 the
first year and $125,000 the second year
are for either a demonstration program
to make off-reservation loans in
combination with bond proceeds from the
agency or other mortgage financing
approved by the agency, or a home
improvement loan program approved by
the agency. Home improvement loans
under Minnesota Statutes, section
462A.07, subdivision 14, may be made
without regard to household income.
$235,000 the first year and $235,000
the second year are for urban Indian
housing programs under Minnesota
Statutes, section 462A.07, subdivision
15, to be distributed by the agency
without regard to any allocation
formula.
$3,716,700 the first year and
$3,716,700 the second year are for
housing rehabilitation and
accessibility loans under Minnesota
Statutes, sections 462A.05,
subdivisions 14a and 15a.
$500,000 is appropriated to the housing
development fund created in section
462A.20 for grants for residential
housing for low income persons living
alone. The agency may pay the costs
and expenses for the development and
operation of this program out of this
appropriation.
$75,000 the first year and $75,000 the
second year are for temporary housing
programs under Minnesota Statutes,
section 462A.05, subdivision 20.
Sec. 37. Laws 1989, chapter 335, article 1, section 27,
subdivision 1, as amended by Laws 1990, chapter 429, section 9,
is amended to read:
Subdivision 1. Total
Appropriation 12,583,000 12,584,000
Approved Complement - 134
Spending limit on cost of general
administration of agency programs:
1990 1991
$7,130,000 $7,560,000
This appropriation is for transfer to
the housing development fund for the
programs specified.
$225,000 the first year and $225,000
the second year are for housing
programs for the elderly under
Minnesota Statutes, section 462A.05,
subdivision 24.
$2,115,000 the first year and
$2,115,000 the second year are for home
ownership assistance under Minnesota
Statutes, section 462A.21, subdivision
8.
$1,887,000 the first year and
$1,887,000 the second year are for
tribal Indian housing programs under
Minnesota Statutes, section 462A.07,
subdivision 14, of which $125,000 the
first year and $125,000 the second year
are for either a demonstration program
to make off-reservation loans in
combination with bond proceeds from the
agency or other mortgage financing
approved by the agency, or a home
improvement loan program approved by
the agency. Home improvement loans
under Minnesota Statutes, section
462A.07, subdivision 14, may be made
without regard to household income.
$233,000 the first year and $233,000
the second year are for urban Indian
housing programs under Minnesota
Statutes, section 462A.07, subdivision
15, to be distributed by the agency
without regard to any allocation
formula.
$4,842,000 the first year and
$4,842,000 the second year are for
housing rehabilitation and
accessibility loans under Minnesota
Statutes, section 462A.05, subdivisions
14a and 15a.
$569,000 the first year and $569,000
the second year are for temporary
housing programs under Minnesota
Statutes, sections 462A.05, subdivision
20; and 462A.21.
Notwithstanding any law to the
contrary, in the event that the housing
finance agency assumes servicing
responsibility for its home improvement
loans, energy loans, and rehabilitation
loans, the agency may apply for an
increase in its complement and
administrative cost ceiling through the
regular legislative advisory commission
process.
Sec. 38. [REPEALER.]
Minnesota Statutes 1990, section 462A.05, subdivisions 28
and 29, are repealed.
Sec. 39. [EFFECTIVE DATE.]
Sections 22 and 26 are effective the day following final
enactment.
ARTICLE 10
WORKERS' COMPENSATION REHABILITATION PROGRAM
Section 1. [VOCATIONAL REHABILITATION.]
The responsibilities of the workers' compensation program
of the rehabilitation services division of the department of
jobs and training are transferred to the department of labor and
industry pursuant to Minnesota Statutes, section 15.039. The
transferred employees shall constitute the vocational
rehabilitation unit of the department of labor and industry.
Sec. 2. Minnesota Statutes 1990, section 176.104,
subdivision 1, is amended to read:
Subdivision 1. [DISPUTE.] If there exists a dispute
regarding medical causation or whether an injury arose out of
and in the course and scope of employment and an employee has
been disabled for the requisite time under section 176.102,
subdivision 4, prior to determination of liability, the employee
shall be referred by the commissioner to the division of
department's vocational rehabilitation unit which shall provide
rehabilitation consultation if appropriate. The services
provided by the division of department's vocational
rehabilitation unit and the scope and term of the rehabilitation
are governed by section 176.102 and rules adopted pursuant to
that section. Rehabilitation costs and services under this
subdivision shall be monitored by the commissioner.
Sec. 3. Minnesota Statutes 1990, section 268A.03, is
amended to read:
268A.03 [POWERS AND DUTIES.]
The commissioner shall:
(a) certify the rehabilitation facilities to offer extended
employment programs, grant funds to the extended employment
programs, and perform the duties as specified in section
268A.09;
(b) provide vocational rehabilitation services to persons
with disabilities in accordance with the state plan for
vocational rehabilitation. These services include but are not
limited to: diagnostic and related services incidental to
determination of eligibility for services to be provided,
including medical diagnosis and vocational diagnosis; vocational
counseling, training and instruction, including personal
adjustment training; physical restoration, including corrective
surgery, therapeutic treatment, hospitalization and prosthetic
and orthotic devices, all of which shall be obtained from
appropriate established agencies; transportation; occupational
and business licenses or permits, customary tools and equipment;
maintenance; books, supplies, and training materials; initial
stocks and supplies; placement; on-the-job skill training and
time-limited postemployment services leading to supported
employment; acquisition of vending stands or other equipment,
initial stocks and supplies for small business enterprises;
supervision and management of small business enterprises,
merchandising programs, or services rendered by severely
disabled persons. Persons with a disability are entitled to
free choice of vendor for any medical, dental, prosthetic, or
orthotic services provided under this paragraph;
(c) expend funds and provide technical assistance for the
establishment, improvement, maintenance, or extension of public
and other nonprofit rehabilitation facilities or centers;
(d) formulate plans of cooperation with the commissioner of
labor and industry for providing services to workers covered
under the workers' compensation act;
(e) maintain a contractual or regulatory relationship with
the United States as authorized by the Social Security Act, as
amended. Under this relationship, the state will undertake to
make determinations referred to in those public laws with
respect to all individuals in Minnesota, or with respect to a
class or classes of individuals in this state that is designated
in the agreement at the state's request. It is the purpose of
this relationship to permit the citizens of this state to obtain
all benefits available under federal law;
(f) (e) provide an in-service training program for division
of rehabilitation services employees by paying for its direct
costs with state and federal funds;
(g) (f) conduct research and demonstration projects;
provide training and instruction, including establishment and
maintenance of research fellowships and traineeships, along with
all necessary stipends and allowances; disseminate information
to persons with a disability and the general public; and provide
technical assistance relating to vocational rehabilitation and
independent living;
(h) (g) receive and disburse pursuant to law money and
gifts available from governmental and private sources including,
but not limited to, the federal Department of Education and the
Social Security Administration, for the purpose of vocational
rehabilitation or independent living. Money received from
workers' compensation carriers for vocational rehabilitation
services to injured workers must be deposited in the general
fund;
(i) (h) design all state plans for vocational
rehabilitation or independent living services required as a
condition to the receipt and disbursement of any money available
from the federal government;
(j) (i) cooperate with other public or private agencies or
organizations for the purpose of vocational rehabilitation or
independent living. Money received from school districts,
governmental subdivisions, mental health centers or boards, and
private nonprofit organizations is appropriated to the
commissioner for conducting joint or cooperative vocational
rehabilitation or independent living programs;
(k) (j) enter into contractual arrangements with
instrumentalities of federal, state, or local government and
with private individuals, organizations, agencies, or facilities
with respect to providing vocational rehabilitation or
independent living services;
(l) (k) take other actions required by state and federal
legislation relating to vocational rehabilitation, independent
living, and disability determination programs;
(m) (l) hire staff and arrange services and facilities
necessary to perform the duties and powers specified in this
section; and
(n) (m) adopt, amend, suspend, or repeal rules necessary to
implement or make specific programs that the commissioner by
sections 268A.01 to 268A.10 is empowered to administer.
Sec. 4. [REPEALER.]
Minnesota Statutes 1990, section 268A.05, subdivision 2, is
repealed.
Sec. 5. [EFFECTIVE DATE.]
This article is effective July 1, 1991.
Presented to the governor May 31, 1991
Signed by the governor June 4, 1991, 9:10 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes