Office of the Revisor of Statutes
Minnesota Session Laws - 1992, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1992
CHAPTER 513-H.F.No. 2694
An act relating to the organization and operation of
state government; providing for programs relating to
higher education; environment and natural resources;
agriculture, transportation, semi-state, and
regulatory agencies; economic and state affairs;
health and human services; providing for regulation of
certain activities and practices; making fund and
account transfers; providing for fees; making grants;
appropriating money and reducing earlier
appropriations with certain conditions; amending
Minnesota Statutes 1990, sections 3.21; 3.305; 3.736,
subdivision 8; 5.09; 5.14; 10A.31, subdivision 4;
15.0597, subdivision 4; 16A.45, by adding a
subdivision; 16A.48, subdivision 1; 16B.85,
subdivision 5; 17.03, by adding subdivisions; 18B.26,
subdivision 3; 43A.191, subdivision 2; 44A.0311;
60A.1701, subdivision 5; 72B.04, subdivision 10;
80A.28, subdivision 2; 82.21, subdivision 1; 82B.09,
subdivision 1; 85A.04, subdivision 1; 89.035; 89.37,
by adding a subdivision; 115D.04, subdivision 2;
116J.9673, subdivision 4; 116P.11; 136.60, by adding a
subdivision; 136A.1354, subdivision 4; 136A.29,
subdivision 9; 138.56, by adding a subdivision;
138.763, subdivision 1; 138.766; 141.21, by adding a
subdivision; 144.122; 144.123, subdivision 2;
144A.071, subdivision 2; 144A.073, subdivisions 3, 3a,
and 5; 144A.43, subdivisions 3 and 4; 144A.46,
subdivision 5; 144A.51, subdivisions 4 and 6; 144A.52,
subdivisions 3 and 4; 144A.53, subdivisions 2, 3, and
4; 144A.54, subdivision 1; 147.01, by adding a
subdivision; 151.06, subdivision 1, and by adding a
subdivision; 169.01, subdivision 55; 169.965, by
adding a subdivision; 176.104, subdivision 2, and by
adding subdivisions; 176.129, subdivisions 1 and 11;
176.183, subdivision 1; 182.666, subdivision 7;
204B.11, subdivision 1; 204B.27, subdivision 2;
204D.11, subdivisions 1 and 2; 237.701, subdivision 1;
240.14, subdivision 3; 245A.02, by adding
subdivisions; 245A.07, subdivisions 2 and 3; 245A.11;
245A.13, subdivision 4; 252.025, subdivision 4;
254A.03, subdivision 2; 254B.06, subdivision 3;
256.12, by adding a subdivision; 256.81; 256.9655;
256.9695, subdivision 3; 256B.02, by adding
subdivisions; 256B.035; 256B.056, subdivisions 1a, 2,
3, 5, and by adding a subdivision; 256B.057, by adding
a subdivision; 256B.059, subdivisions 2 and 5;
256B.0595, subdivision 1; 256B.0625, by adding
subdivisions; 256B.064, by adding a subdivision;
256B.092, by adding a subdivision; 256B.14,
subdivision 2; 256B.15, subdivisions 1 and 2; 256B.19,
by adding a subdivision; 256B.36; 256B.41,
subdivisions 1 and 2; 256B.421, subdivision 1, and by
adding a subdivision; 256B.431, subdivisions 2i, 4,
and by adding subdivisions; 256B.432, by adding a
subdivision; 256B.433, subdivisions 1, 2, and 3;
256B.48, subdivisions 1b, 2, 3, 4, and by adding
subdivisions; 256B.495, subdivisions 1, 2, and by
adding subdivisions; 256B.50, subdivisions 1b and 2;
256B.501, subdivision 3c, and by adding subdivisions;
256C.28, subdivisions 2 and 3; 256D.02, subdivision 8,
and by adding subdivisions; 256D.03, by adding a
subdivision; 256D.051, by adding a subdivision;
256D.06, subdivision 5, and by adding a subdivision;
256D.35, subdivision 11; 256D.54, subdivision 3;
256E.14; 256H.01, subdivision 9, and by adding a
subdivision; 256H.10, subdivision 1; 256I.01; 256I.02;
256I.03, subdivisions 2 and 3; 256I.04, as amended;
256I.05, subdivisions 1, 3, 6, 8, 9, and by adding a
subdivision; 256I.06; 270.063; 270.71; 298.221;
299E.01, subdivision 1; 299F.011, subdivision 4a;
340A.301, subdivision 6; 340A.302, subdivision 3;
340A.315, subdivision 1; 340A.317, subdivision 2;
340A.408, subdivision 4; 345.32; 345.33; 345.34;
345.35; 345.36; 345.37; 345.38; 345.39; 345.42,
subdivision 3; 349.161, subdivision 4; 349.163,
subdivision 2; 352.04, subdivisions 2 and 3; 353.27,
subdivision 13; 356.65, subdivision 1; 357.021,
subdivision 1a; 357.18, by adding a subdivision;
359.01, subdivision 3; 363.071, by adding a
subdivision; 363.14, subdivisions 2 and 3; 466.06;
490.123, by adding a subdivision; 514.67; 518.551,
subdivisions 7 and 10; 609.131, by adding a
subdivision; 609.5315, by adding a subdivision;
611.27, by adding subdivisions; and 626.861,
subdivision 3; Minnesota Statutes 1991 Supplement,
sections 16A.45, subdivision 1; 16A.723, subdivision
2; 17.63; 28A.08; 41A.09, subdivision 3; 60A.14,
subdivision 1; 84.0855; 89.37, subdivision 4; 121.936,
subdivision 1; 135A.03, subdivisions 1a and 7;
136A.101, subdivision 8; 136A.121, subdivision 6;
136A.1353, subdivision 4; 144.50, subdivision 6;
144A.071, subdivision 3; 144A.31, subdivision 2a;
144A.46, subdivisions 1 and 2 ; 144A.49; 144A.51,
subdivision 5; 144A.53, subdivision 1; 144A.61,
subdivisions 3a and 6a; 144B.01, subdivisions 5, 6,
and by adding a subdivision; 144B.10, subdivision 2;
147.03; 148.91, subdivision 3; 148.921, subdivision 2;
148.925, subdivisions 1, 2, and by adding a
subdivision; 168.129, subdivisions 1 and 2; 182.666,
subdivision 2; 240.13, subdivisions 5 and 6; 240.15,
subdivision 6; 240.18, by adding a subdivision;
245A.03, subdivision 2; 245A.04, subdivision 3;
245A.16, subdivision 1; 251.011, subdivision 3;
252.28, subdivision 1; 252.46, subdivision 3; 252.50,
subdivision 2; 254B.04, subdivision 1; 256.031,
subdivision 3; 256.033, subdivisions 1, 2, 3, and 5;
256.034, subdivision 3; 256.035, subdivision 1;
256.0361, subdivision 2; 256.035, subdivision 1;
256.935, subdivision 1; 256.9656; 256.9657,
subdivisions 1, 2, 3, 4, 7, and by adding a
subdivision; 256.9685, subdivision 1; 256.969,
subdivisions 1, 2, 9, 20, and 21; 256.9751,
subdivisions 1 and 6; 256.98, subdivision 8;
256B.0625, subdivisions 2, 13, and 17; 256B.0627,
subdivision 5, as amended; 256B.064, subdivision 2;
256B.0911, subdivisions 3, 8, and by adding a
subdivision; 256B.0913, subdivisions 4, 5, 8, 11, 12,
and 14; 256B.0915, subdivision 3, and by adding
subdivisions; 256B.0917, subdivisions 2, 3, 4, 5, 6,
7, 8, and 11; 256B.0919, subdivision 1; 256B.092,
subdivisions 4 and 7; 256B.093, subdivisions 1, 2, and
3; 256B.431, subdivisions 2l, 2m, 2o, and 3f; 256B.49,
subdivision 4; 256B.74, subdivisions 1 and 3; 256D.03,
subdivisions 3 and 4; 256D.05, subdivision 1;
256D.051, subdivision 1; 256H.03, subdivisions 4 and
6; 256H.05, subdivision 1b, and by adding a
subdivision; 256I.05, subdivisions 1a, 1b, 2, and 10;
261.035; 340A.311; 340A.316; 340A.504, subdivision 3;
349A.10, subdivision 3; 357.021, subdivision 2;
508.82; 508A.82; 611.27, subdivision 7; 626.861,
subdivisions 1 and 4; Laws 1987, chapter 396, article
12, section 6, subdivision 2; Laws 1991, chapter 233,
section 2, subdivision 2; Laws 1991, chapter 254,
article 1, section 7, subdivision 5; and Laws 1991,
chapter 356, articles 1, section 5, subdivision 4; 2,
section 6, subdivision 3; and 6, section 4, by adding
a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 4A; 16B; 44A; 84; 115B;
136C; 144; 144A; 149; 244; 245A; 246; 256; 256B; 256D;
256I; and 501B; repealing Minnesota Statutes 1990,
sections 41A.051; 84.0885; 89.036; 136A.143; 136C.13,
subdivision 2; 141.21, subdivision 2; 144A.15,
subdivision 6; 211A.04, subdivision 2; 245A.14,
subdivision 5; 245A.17; 252.46, subdivision 15;
256B.056, subdivision 3a; 256B.495, subdivision 3;
256D.09, subdivision 3; 256I.05, subdivision 7; and
270.185; Minnesota Statutes 1991 Supplement, sections
97A.485, subdivision 1a; 135A.50; 144A.071,
subdivision 3a; 256.9657, subdivision 5; 256.969,
subdivision 7; 256B.74, subdivisions 8 and 9; 256I.05,
subdivision 7a; 326.991; and Laws 1991, chapters 292,
article 4, section 77; and 356, article 3, section 14.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
HIGHER EDUCATION
Section 1. HIGHER EDUCATION APPROPRIATIONS
The dollar amounts in the columns under "APPROPRIATIONS"
are added to or, if shown in parentheses, are subtracted from
the appropriations in Laws 1991, chapter 356, or other law to
the specified agencies. The appropriations are from the general
fund or other named fund and are available for the fiscal years
indicated for each purpose. The figure 1992 or 1993 means that
the addition to or subtraction from the appropriations listed
under the figure are for the fiscal year ending June 30, 1992,
or June 30, 1993, respectively. If only one figure is shown in
the text for a specified purpose, the addition or subtraction is
for 1993 unless the context intends another fiscal year.
SUMMARY BY FUND
1992 1993 TOTAL
General $15,000 ($29,015,000) ($29,000,000)
Special Revenue ($70,000) ($70,000)
SUMMARY BY AGENCY - ALL FUNDS
1992 1993 TOTAL
State Board for Technical Colleges
(5,785,000) (5,785,000)
State Board for Community Colleges
(3,503,000) (3,503,000)
State University Board
15,000 (4,014,000) (3,999,000)
Board of Regents of the University of Minnesota
(15,713,000) (15,713,000)
APPROPRIATIONS
Available for the Year
Ending June 30
1992 1993
Sec. 2. HIGHER EDUCATION
COORDINATING BOARD
Subdivision 1. Special Revenue Fund
Cancellation
$70,000 from the post-high school
planning program is canceled to the
general fund not later than June 30,
1992.
Subd. 2. Agency Administration
The legislature intends that the higher
education coordinating board dedicate
at least .7 of a position for the
regulation of private proprietary
schools under Minnesota Statutes,
chapter 141.
During the biennium, the higher
education coordinating board may expend
money from the agency administration
appropriation to continue membership in
the Western Interstate Commission for
Higher Education.
Subd. 3. State Grants
The legislature intends that the higher
education coordinating board make full
grant awards in fiscal year 1993. If
the fiscal year 1993 appropriation is
insufficient to make full awards, the
commissioner of finance shall transfer
up to $4,000,000 from appropriations to
the post-secondary systems, in
proportion to each system's
appropriation, to the state grant
program. Any surplus remaining after
making awards shall be returned to the
systems in the same proportion in which
it was transferred. The board may
request an appropriation in the 1993
legislative session if the transfer is
insufficient to make full awards.
During the biennium, if the cost of
making full awards is less than the
money available to the state grant
program, the commissioner of finance
shall transfer the excess appropriation
from the state grant program to the
post-secondary systems, in proportion
to each system's appropriation.
To provide continuity in student
financial aid, students enrolled for
six or seven credits during the
1992-1993 academic year shall be
eligible to apply for state grants
under Minnesota Statutes, section
136A.121.
Sec. 3. STATE BOARD OF TECHNICAL COLLEGES
Total Appropriation Changes (5,785,000)
Sec. 4. STATE BOARD FOR COMMUNITY
COLLEGES
Subdivision 1. Total
Appropriation Changes (3,503,000)
Subd. 2. Worthington Community
College
The appropriation in Laws 1990, chapter
610, article 1, section 3, subdivision
12, to renovate and construct space at
Worthington community college, may also
be used to construct a new learning
resource center.
Subd. 3. Duluth Technical College
And Community College Center
The state board for community colleges
and the state board of technical
colleges shall develop and implement an
integrated administrative structure and
coordinated program delivery for the
technical college and the community
college center at Duluth.
Sec. 5. STATE UNIVERSITY BOARD
Total Appropriation Changes 15,000 (4,014,000)
The legislature directs the state
university board to resolve claims
associated with the Kummer landfill.
This direction is not an admission of
liability for any purpose by the state
or the board for any act or omission
related to the release or clean up of
hazardous substances, pollutants, or
contaminants from the landfill.
$15,000 is for expenses associated with
the task force on post-secondary
funding.
The state university board may demolish
and replace the Anishinabe Center on
the Bemidji State University campus.
The demolition and replacement must be
carried out with Bemidji State
University Foundation or other nonstate
money. The new center must be on state
university land and must be state owned.
Sec. 6. BOARD OF REGENTS OF THE
UNIVERSITY OF MINNESOTA
Total Appropriation Changes (15,713,000)
Sec. 7. POST-SECONDARY SYSTEMS
Subdivision 1. During the biennium, it
is the intent of the legislature to
protect, to the extent possible,
instructional and educational programs,
and programs supportive of
undergraduate and graduate students, by
directing budget reductions at areas
peripheral to the system missions.
Subd. 2. The base budget for each
higher education system shall be
determined as follows:
(a) Calculate the appropriation that
was in effect prior to the passage of
this article.
(b) Reductions due to enrollment
declines shall be calculated.
(c) A comparison shall be made between
the enrollment decline number and the
reduction in this article.
(d) Whichever figure, from clause (b)
or (c), yields the greater reduction
shall be subtracted from the amount
calculated in clause (a) to develop the
base budget for fiscal years 1994 and
1995.
Subd. 3. Notwithstanding Minnesota
Statutes, sections 136C.36 and 137.025,
during the biennium, the commissioner
of finance may negotiate alternative
payment schedules with the state board
of technical colleges and the board of
regents, if there is a determination
that the state will experience cash
flow imbalances.
Subd. 4. The appropriation in Laws
1991, chapter 233, section 5,
subdivision 8 for fiscal year 1992 for
costs relating to collegiate license
plates for academic excellence
scholarships is available for fiscal
year 1993.
Sec. 8. Minnesota Statutes 1991 Supplement, section
121.936, subdivision 1, is amended to read:
Subdivision 1. [MANDATORY PARTICIPATION.] (a) Every
district shall perform financial accounting and reporting
operations on a financial management accounting and reporting
system utilizing multidimensional accounts and records defined
in accordance with the uniform financial accounting and
reporting standards adopted by the state board pursuant to
sections 121.90 to 121.917.
(b) Every school district shall be affiliated with one and
only one regional management information center. This
affiliation shall include at least the following components:
(1) the center shall provide financial management
accounting reports to the department of education for the
district to the extent required by the data acquisition
calendar;
(2) the district shall process every detailed financial
transaction using, at the district's option, either the ESV-IS
finance subsystem through the center or an alternative system
approved by the state board.
Notwithstanding the foregoing, a district may process and
submit its financial data to a region or the state in summary
form if it operates an approved alternative system or
participates in a state approved pilot test of an alternative
system and is reporting directly to the state as of January 1,
1987. A joint vocational technical district shall process and
submit its financial data to a region or directly to the state
board of technical colleges.
(c) The provisions of this subdivision shall not be
construed to prohibit a district from purchasing services other
than those described in clause (b) from a center other than the
center with which it is affiliated pursuant to clause (b).
Districts operating an approved alternative system may
transfer their affiliation from one regional management
information center to another. At least one year prior to July
1 of the year in which the transfer is to occur, the district
shall give written notice to its current region of affiliation
of its intent to transfer to another region. The one year
notice requirement may be waived if the two regions mutually
agree to the transfer.
Sec. 9. Minnesota Statutes 1991 Supplement, section
135A.03, subdivision 1a, is amended to read:
Subd. 1a. [APPROPRIATIONS FOR CERTAIN ENROLLMENTS.] The
state share of the cost of instruction shall be 32 percent for
the following categories:
(1) enrollment in credit bearing courses at an off-campus
site or center, except those courses at Cambridge, Duluth, and
Fond du Lac centers; the Arrowhead and Rochester 2 + 2 programs;
those offered through telecommunications; those offered by the
technical colleges; and those offered as part of a joint degree
program; and
(2) enrollment of students who are concurrently enrolled in
a secondary school and for whom the institution is receiving any
compensation under the post-secondary enrollment options act.
Sec. 10. Minnesota Statutes 1991 Supplement, section
135A.03, subdivision 7, is amended to read:
Subd. 7. [RESIDENCY RESTRICTIONS.] In calculating student
enrollment for appropriations, only the following may be
included:
(1) students who resided in the state for at least one
calendar year prior to applying for admission;
(2) Minnesota residents who can demonstrate that they were
temporarily absent from the state without establishing residency
elsewhere; and
(3) residents of other states who are attending a Minnesota
institution under a tuition reciprocity agreement.; and
(4) students who have been in Minnesota as migrant
farmworkers, as defined in Code of Federal Regulations, title
20, section 633.104, over a period of at least two years
immediately before admission or readmission to a Minnesota
public post-secondary institution, or students who are
dependents of such migrant farmworkers.
Sec. 11. Minnesota Statutes 1990, section 136.60, is
amended by adding a subdivision to read:
Subd. 4. [COMMUNITY COLLEGE CENTERS.] A community college
center shall be located at Duluth.
Sec. 12. Minnesota Statutes 1991 Supplement, section
136A.101, subdivision 8, is amended to read:
Subd. 8. "Resident student" means a student who meets one
of the following conditions:
(1) an independent student who has resided in Minnesota for
purposes other than post-secondary education for at least 12
months;
(2) a dependent student whose parent or legal guardian
resides in Minnesota at the time the student applies;
(3) a student who graduated from a Minnesota high school,
unless if the student is a resident of a bordering state
attending a was a resident of Minnesota during the student's
period of attendance at the Minnesota high school; or
(4) a student who, after residing in the state for a
minimum of one year, earned a high school equivalency
certificate in Minnesota.
Sec. 13. Minnesota Statutes 1991 Supplement, section
136A.121, subdivision 6, is amended to read:
Subd. 6. [COST OF ATTENDANCE.] The cost of attendance
consists of allowances specified by the board for room and board
and miscellaneous expenses, and
(1) for public institutions, tuition and fees charged by
the institution; or
(2) for private institutions, an allowance for tuition and
fees equal to the lesser of the actual tuition and fees charged
by the institution, or the instructional costs per full-year
equivalent student in comparable public institutions.
For students a student attending less than full time, the
board shall prorate the cost of attendance to the actual number
of credits for which the student is enrolled.
Sec. 14. Minnesota Statutes 1991 Supplement, section
136A.1353, subdivision 4, is amended to read:
Subd. 4. [RESPONSIBILITIES OF THE HIGHER EDUCATION
COORDINATING BOARD.] The higher education coordinating board
shall distribute funds each year to the schools, colleges, or
programs of nursing applying to participate in the nursing grant
program based on the last academic year's enrollment of students
in educational programs that would lead to licensure as a
registered nurse. Money not used by a recipient nursing program
must be returned to the higher education coordinating board for
redistribution under this section. The board shall establish an
application process for interested schools, colleges, or
programs of nursing. Initial applications are due by January 1,
1991, and by January 1 of each later year. By March 1, 1991,
and by March 1 June 30 of each later year, the board shall
notify each applicant school, college, or program of nursing of
its approximate allocation of funds in order to allow the
school, college, or program to determine the number of students
that can be supported by the allocation. The board shall
distribute funds to the schools, colleges, or programs of
nursing by August 1, 1991, and by August 1 of each later year.
Sec. 15. Minnesota Statutes 1990, section 136A.1354,
subdivision 4, is amended to read:
Subd. 4. [RESPONSIBILITIES OF THE HIGHER EDUCATION
COORDINATING BOARD.] The higher education coordinating board
shall distribute funds each year to the schools or colleges of
nursing, or programs of advanced nursing education, applying to
participate in the nursing grant program based on the last
academic year's enrollment of registered nurses in schools or
colleges of nursing, or programs of advanced nursing education.
Money not used by a recipient nursing program must be returned
to the higher education coordinating board for redistribution
under this section. The board shall establish an application
process for interested schools or colleges of nursing, or
programs of advanced nursing education. Initial applications
are due by January 1, 1991, and by January 1 of each later
year. By March 1, 1991, and by March 1 June 30 of each later
year, the board shall notify each applicant school or college of
nursing, or program of advanced nursing education, of its
approximate allocation of money to allow the school, college, or
program to determine the number of students that can be
supported by the allocation. The board shall distribute money
to the schools or colleges of nursing, or programs of advanced
nursing education, by August 1, 1991, and by August 1 of each
later year.
Sec. 16. Minnesota Statutes 1990, section 136A.29,
subdivision 9, is amended to read:
Subd. 9. The authority is authorized and empowered to
issue revenue bonds whose aggregate principal amount at any time
shall not exceed $250,000,000 $350,000,000 and to issue notes,
bond anticipation notes, and revenue refunding bonds of the
authority under the provisions of sections 136A.25 to 136A.42,
to provide funds for acquiring, constructing, reconstructing,
enlarging, remodeling, renovating, improving, furnishing, or
equipping one or more projects or parts thereof.
Sec. 17. [136C.51] [WORKPLACE LITERACY RESOURCE CENTER;
ESTABLISHMENT; PURPOSE.]
A workplace literacy resource center is established at
Northeast Metro Technical College. The resource center must act
as a clearinghouse for Minnesota and neighboring states or
entities to provide information on workplace skills enhancement
curricula, available services, and methods of delivery.
The center may offer the following: (1) formal classroom
workplace literacy training; (2) functional literacy training;
(3) workplace skills enhancement; (4) prevocational training and
upgrading; (5) assessment and evaluation; (6) career
exploration; and (7) preapprenticeship counseling. The center
shall not offer any program for credit.
Sec. 18. Minnesota Statutes 1990, section 141.21, is
amended by adding a subdivision to read:
Subd. 1a. [BOARD.] "Board" means the higher education
coordinating board.
Sec. 19. Minnesota Statutes 1991 Supplement, section
168.129, subdivision 1, is amended to read:
Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] The
commissioner of public safety shall issue special collegiate
license plates to an applicant who:
(1) is an owner or joint owner of a passenger automobile,
pickup truck, or van;
(2) pays a fee determined by the commissioner to cover the
costs of handling and manufacturing the plates;
(3) pays the registration tax required under section
168.12;
(4) pays the fees required under this chapter;
(5) contributes at least $100 $25 annually to the
scholarship account established in subdivision 6; and
(6) complies with laws and rules governing registration and
licensing of vehicles and drivers.
Sec. 20. Minnesota Statutes 1991 Supplement, section
168.129, subdivision 2, is amended to read:
Subd. 2. [DESIGN.] After consultation with each
participating college, university or post-secondary system, the
commissioner shall design the special collegiate plates.
In consultation with the commissioner, a participating
college or university annually shall indicate the anticipated
number of plates needed. Plates will be produced when the
commissioner has received at least 200 applications.
Sec. 21. Minnesota Statutes 1990, section 169.965, is
amended by adding a subdivision to read:
Subd. 8. [ALLOCATION OF FINES.] The fines collected in
Hennepin, St. Louis, and Stevens counties shall be paid into the
treasury of the University of Minnesota, except that the portion
of the fines necessary to cover all costs and disbursements
incurred in processing and prosecuting the violations in the
court shall be transferred to the court administrator.
Sec. 22. Laws 1987, chapter 396, article 12, section 6,
subdivision 2, is amended to read:
Subd. 2. [PRIVATE CONTRIBUTIONS REQUIRED.] The
appropriation under subdivision 1 is not effective until
sufficient private contributions or pledges have been made so
that the private contributions and pledges, plus the
appropriation under subdivision 1, are sufficient to establish
the endowment for a chair in sustainable agriculture. The
appropriation cancels on June 30, 1992 1994, if sufficient
private contributions and pledges have not been made.
Sec. 23. Laws 1991, chapter 356, article 1, section 5,
subdivision 4, is amended to read:
Subd. 4. Campus Initiatives
The state university board may begin
implementation of its quality education
plans through campus initiatives that
enhance the quality of student and
institutional performances. The state
university board may internally
allocate up to $250,000 for money
during the biennium to provide funding
for these initiatives. The board shall
evaluate the results of the initiatives
and report its findings to the
education divisions of the
appropriations and finance committees
by January 15, 1993.
Sec. 24. Laws 1991, chapter 356, article 2, section 6,
subdivision 3, is amended to read:
Subd. 3. [REPORT.] The task force shall report its
recommendations to the appropriations and finance committees of
the legislature by September 1, 1992 1993.
Sec. 25. Laws 1991, chapter 356, article 6, section 4, is
amended by adding a subdivision to read:
Subd. 3a. [CURRENT EMPLOYEES.] It is the policy of the
state of Minnesota that restructuring of peace officer education
be accomplished while ensuring that fair and equitable
arrangements are carried out to protect the interests of higher
education system employees, and while facilitating the best
possible service to the public. The affected governing boards
shall make every effort to train and retrain existing employees
for a changing work environment.
Options presented to employees whose positions might be
eliminated by integrating peace officer education programs must
include, but not be limited to, job and training opportunities
necessary to qualify for another job within their current
institution or a similar job in another institution.
Sec. 26. [LICENSING PRIVATE BUSINESS, TRADE, AND
CORRESPONDENCE SCHOOLS; RESPONSIBILITIES TRANSFERRED.]
The responsibilities of the commissioner of education, the
department of education, and the state board of education
conferred and specified under Minnesota Statutes, chapter 141,
are transferred under Minnesota Statutes, section 15.039, to the
higher education coordinating board.
Sec. 27. [INSTRUCTION TO REVISOR.]
The revisor of statutes is directed to change the terms
"commissioner," "commissioner's," "department," and "state board
of education" wherever they appear in Minnesota Statutes,
chapter 141, to "board" or "board's," as appropriate.
Sec. 28. [REPEALER.]
Minnesota Statutes 1990, sections 136A.143; 136C.13,
subdivision 2; and 141.21, subdivision 2; Minnesota Statutes
1991 Supplement, section 135A.50; and Laws 1991, chapter 356,
article 3, section 14, are repealed.
Sec. 29. [EFFECTIVE DATE.]
This article is effective the day following final
enactment, except that sections 10, 13, 18, and 26 to 28 are
effective July 1, 1992, section 11 is effective July 1, 1993,
and section 21 is effective July 1, 1992, for offenses committed
on or after that date.
ARTICLE 2
ENVIRONMENT AND NATURAL RESOURCES
Section 1. [APPROPRIATIONS.]
Unless otherwise indicated, all sums set forth in the
columns designated "1992 and 1993 APPROPRIATION CHANGE" are to
be added to or reduced from general fund appropriations made by
Laws 1991, chapter 254, or other law, for the fiscal years
ending June 30, 1992 and June 30, 1993, respectively. Amounts
to be reduced are designated by parentheses.
SUMMARY BY FUND
1992 1993 TOTAL
APPROPRIATION
CHANGE $ (3,576,000)$ (4,550,000)$ ( 8,126,000)
General-Direct $ (4,734,000)$ (6,382,000)$ (11,116,000)
Environmental $ 50,000 $ 1,499,000 $ 1,549,000
Natural Resources $ 306,000 $ 281,000 $ 587,000
Game and Fish $ 42,000 $ 52,000 $ 94,000
Minnesota Resources$ 760,000 $ $ 760,000
APPROPRIATION CHANGE
1992 1993
Sec. 2. POLLUTION CONTROL
AGENCY
Subdivision 1. Total
Appropriation Change (639,000) 689,000
The amounts in subdivision 1 are
distributed among agency programs as
specified in the following subdivisions.
Summary by Fund
General (639,000) (511,000)
Environmental 1,200,000
The approved environmental fund
complement is increased by 18 positions
effective July 1, 1992.
Subd. 2. Water Pollution Control (186,000) (146,000)
The appropriation in fiscal year 1992
for grants to local units of government
for the clean water partnership program
is reduced by $134,000.
The appropriation in fiscal year 1993
must provide $24,000 for a grant to the
city of Garrison for ongoing testing of
the sewage system.
Subd. 3. Groundwater and Solid
Waste Pollution Control (98,000) 1,015,000
Summary by Fund
General (98,000) (185,000)
Environmental 1,200,000
$1,200,000 is appropriated in fiscal
year 1993 from the landfill cleanup
account for evaluation of mixed
municipal solid waste disposal
facilities to determine the adequacy of
final cover, slopes, vegetation, and
erosion control; to determine the
presence and concentration of hazardous
substances, pollutants or contaminants,
and decomposition gases; and to
determine the boundaries of fill areas.
The appropriation for a grant to the
department of administration for
assistance in funding a central
materials recovery facility is not
reduced.
Subd. 4. Hazardous Waste
Pollution Control (250,000) (75,000)
Subd. 5. General Support (105,000) (105,000)
Any unencumbered balance of the fiscal
year 1992 appropriation authorized in
Laws 1991, chapter 347, article 3,
section 5, subdivision 1, paragraph
(a), is available for fiscal year 1993.
The pollution control agency shall
continue its regionalization efforts
and shall report to the legislature by
January 15, 1993, on the progress made
toward implementing Phase II as
described in the agency's
regionalization report dated January
1992.
Sec. 3. OFFICE OF WASTE
MANAGEMENT (238,000) (158,000)
Summary by Fund
General (288,000) (308,000)
Environmental 50,000 150,000
The appropriation for SCORE block
grants is not changed by these
reductions.
$50,000 the first year and $150,000 the
second year is from the pollution
prevention account in the environmental
fund. The complement is increased by
an additional position for citizen
education in the pollution prevention
area, effective July 1, 1992.
Sec. 4. ZOOLOGICAL BOARD (3,468,000)
This reduction is partially offset by a
reduction in nondedicated general fund
revenue of $3,174,000.
Board action to increase admission fees
effective April 1, 1992, is estimated
to increase nondedicated general fund
revenue by $182,000 in fiscal year 1992.
An additional $160,000 is expected
through increased attendance.
The approved general fund complement is
decreased by 49 positions and the
approved special revenue fund
complement is increased by 80 positions.
Sec. 5. NATURAL RESOURCES
Subdivision 1. Total
Appropriation Change (1,962,000) (1,435,000)
Summary by Fund
General (2,310,000) (1,768,000)
Natural Resources 306,000 281,000
Game and Fish 42,000 52,000
The amounts in subdivision 1 are to be
distributed among agency programs as
specified in the following subdivisions.
Subd. 2. Mineral Resources
Management (271,000) (270,000)
Subd. 3. Water Resources
Management (375,000) (375,000)
Subd. 4. Forest Management (300,000) 139,000
$300,000 the first year and $821,000
the second year are reduced from the
forest management appropriation.
$960,000 in the second year is
appropriated exclusively for
reforestation under Minnesota Statutes,
section 89.002.
The commissioner shall continue to sell
fuelwood on state lands.
Department of natural resources
forestry area and district boundaries
existing on January 1, 1992, may not be
changed unless supported by a
cost-benefit analysis of delivery of
services within the current boundaries
and the proposed boundaries. Proposed
boundary changes may be implemented 90
days after the proposal and supporting
cost-benefit analysis have been
provided to the chairs of the
environment and natural resources
divisions of the senate finance and
house appropriations committees.
Subd. 5. Parks and Recreation
Management (400,000) 195,000
Hill Annex Mine state park must be kept
open and operated with no state
appropriations used for water pumping.
No more than $110,000 may be spent for
operating the park in fiscal year 1993.
The commissioner shall not utilize
appropriations from the general fund
for the purpose of hiring or
contracting for staff to administer or
manage the adopt-a-park program as
provided in Minnesota Statutes, section
85.045.
Subd. 6. Trails and Waterways (39,000) 27,000
The appropriation in fiscal year 1993
must provide $120,000 for construction
of shore fishing structure projects on
the Mississippi river in South St. Paul
and Brooklyn Center.
Subd. 7. Fish and Wildlife
Management (32,000) (33,000)
Summary by Fund
General (198,000) (199,000)
Natural Resources 166,000 166,000
$166,000 for the fiscal year ending
June 30, 1992, and $166,000 for the
fiscal year ending June 30, 1993, are
appropriated to the commissioner of
natural resources from the water
recreation account for control, public
awareness, law enforcement, monitoring,
and research of nuisance aquatic exotic
species such as zebra mussel, purple
loosestrife, and Eurasian water milfoil
in public waters and public wetlands.
Any unencumbered balance in the first
year does not cancel and is available
for the second year.
Subd. 8. Field Operations Support (106,000) (485,000)
Subd. 9. Regional Operations
Support (151,000) (160,000)
Subd. 10. Special Services
and Programs (190,000) (190,000)
Any reductions in the department of
natural resources' agency operating
budget or reductions in agency program
efforts prompted by specific
legislative action or economic
conditions during the biennium shall
not be applied against the budget for
the Minnesota Conservation Corps in a
greater proportion than the average if
applied against all of the department's
general fund programs. Any reductions
must be accomplished in a manner that
does not reduce the amount of federal
grants for which the department is
eligible.
Subd. 11. Administrative
Management Services 82,000 67,000
Summary by Fund
General (100,000) (100,000)
Natural Resources 140,000 115,000
Game and Fish 42,000 52,000
$140,000 the first year and $115,000
the second year are appropriated from
the water recreation account in the
natural resources fund for watercraft
titling.
$42,000 the first year and $52,000 the
second year are appropriated from the
game and fish fund for hunting license
administration.
Subd. 12. Wetland Administration (180,000) (350,000)
These reductions are from the
appropriation in Laws 1991, chapter
354, article 11, section 1, subdivision
2, paragraph (b). These are one-time
reductions and must not be considered
reductions in the department of natural
resources' base budget for the
1994-1995 biennium.
Subd. 13. Miscellaneous
The commissioners of transportation and
natural resources shall confer and make
every reasonable effort to obtain a
permanent resolution of the problem of
excessive sedimentation and vegetation
in the Mississippi river resulting from
the construction of a bridge over the
river on marked trunk highway No. 10
near the city of Little Falls.
If the commissioners of transportation
and natural resources are unable to
reach a mutually agreeable resolution
by February 1, 1993, the commissioner
of natural resources shall file with
the commissioner of transportation, the
chair of the house committee on
appropriations, and the senate
committee on finance, a notification
that specifies the project or projects
that in the judgment of the
commissioner of natural resources must
be undertaken to achieve a permanent
resolution of the excessive
sedimentation and vegetation. The
notification must contain an estimate
of the total cost of the project or
projects.
As part of the budget process for the
1994-1995 biennium, the department of
natural resources shall meet and confer
to develop a plan in cooperation with
representatives of employee bargaining
units for the consolidation,
enhancement, and realignment of
division, region, and area
responsibilities. The plan must
specify how DNR direct services are
increased and management and
supervisory positions minimized. The
department is not precluded from taking
actions, after meeting and conferring
with representatives of employee
bargaining units, before submission of
the 1994-1995 biennial budget. A
report with specific recommendations
shall be submitted to the environment
and natural resources division of the
house appropriations committee and to
the environment and natural resources
division of the senate finance
committee by January 15, 1993.
Sec. 6. AGRICULTURE
Subdivision 1. Total
Appropriation Change (357,000) 100,000
Summary by Fund
General (357,000) (49,000)
Environmental 149,000
The amounts in subdivision 1 are to be
distributed among agency programs as
specified in the following subdivisions.
Subd. 2. Protection Service (240,000) (42,000)
Summary by Fund
General (240,000) (191,000)
Environmental 149,000
$149,000 the second year is from the
environmental response, compensation,
and compliance account in the
environmental fund. The approved
complement in the environmental fund is
increased by two positions effective
July 1, 1992.
Subd. 3. Promotion and Marketing (36,000) (55,000)
$50,000 shall be spent in fiscal year
1993 for the WIC Coupon program in the
Minnesota Grown budget activity.
Subd. 4. Family Farm Services (67,000) 10,000
$2,200,000 from the balance in the
special account created in Minnesota
Statutes, section 41.61, shall be
transferred to the general fund by June
30, 1992.
Authority to charge fees for farm
crisis assistance services authorized
elsewhere in this legislation is
expected to increase nondedicated
general fund revenues by $100,000 in
fiscal year 1993.
$200,000 is appropriated in fiscal year
1993 for transfer to the Minnesota
extension service for farmer-lender
mediation services. This is a one-time
appropriation and is not part of the
department's base budget for the
1994-1995 biennium.
Amounts available for agricultural
information centers must be divided
equally between the centers in Thief
River Falls and St. Charles.
Subd. 5. Administrative
Support and Grants (14,000) 187,000
The appropriation in fiscal year 1993
must provide $50,000 to the
commissioner of agriculture for legal
challenges to discriminatory aspects of
the current federal milk market order
system. This amount, in whole or in
part, may be used at the discretion of
the commissioner as a contribution to
the costs of initiating or continuing
court challenges in cooperation with
Minnesota or regional dairy
organizations. The commissioner may
use up to an additional $50,000 from
the dairy industry unfair trade
practices account established under
Minnesota Statutes, section 32A.05,
subdivision 4.
$150,000 the second year is for the
commissioner of agriculture to conduct,
in consultation with the commissioners
of transportation, public service, and
the pollution control agency, a public
outreach and training program to
educate the public, automobile
mechanics, and representatives of the
gasoline distribution network about the
oxygenated gasoline program. This is a
one-time appropriation and is not part
of the department's base budget for the
1994-1995 biennium.
Sec. 7. CITIZENS COUNCIL ON
VOYAGEURS NATIONAL PARK (10,000) (8,000)
Unencumbered balances remaining at the
end of the first year do not cancel but
are available for the second year.
The council must retain its
headquarters in International Falls.
Sec. 8. SCIENCE MUSEUM OF
MINNESOTA (30,000) (30,000)
Sec. 9. MINNESOTA RESOURCES
The following amounts are appropriated
from the Minnesota future resources
fund. The appropriations are available
immediately following enactment and are
otherwise subject to the provisions of
Laws 1991, chapter 254, article 1,
section 14.
Upper Mississippi River
Environmental Education Center 600,000
This appropriation is to the
commissioner of natural resources for a
grant to the city of Winona to develop
detailed architectural designs
necessary to obtain federal
construction funding for an Upper
Mississippi River Environmental
Education Center. This appropriation
is contingent upon federal commitment
of at least $6,000,000 for construction
and for future operation and
maintenance. The deadline for the
contingent match commitment is January
1, 1993.
Biological Control of Eurasian
Water Milfoil 160,000
This appropriation is to the
commissioner of natural resources for a
research program leading to biological
control of Eurasian water milfoil.
As cash flow in the Minnesota future
resources fund permits, but no later
than June 30, 1993, the commissioner of
finance, in consultation with the
director of the legislative commission
on Minnesota resources, shall transfer
$876,000 from the unencumbered balance
in the fund to the general fund. This
transfer is in addition to the transfer
specified in Laws 1991, chapter 254,
article 1, section 14, subdivision 15.
Sec. 10. BOARD OF WATER AND
SOIL RESOURCES (1,100,000) 200,000
$100,000 of this appropriation is for
grants to the Minnesota association of
soil and water conservation districts
for education and training of local
government officials relating to the
implementation of Laws 1991, chapter
354.
$100,000 is for grants to counties for
local administration and enforcement of
Laws 1991, chapter 354.
$1,100,000 appropriated in Laws 1991,
chapter 354, article 11, section 1,
subdivision 2, paragraph (a), clause
(3), is canceled.
Sec. 11. BOARD OF ANIMAL HEALTH 10,000
This appropriation is to cover the cost
of testing turkeys and chickens in
Minnesota for avian influenza.
Sec. 12. Minnesota Statutes 1990, section 17.03, is
amended by adding a subdivision to read:
Subd. 9. [FARM CRISIS ASSISTANCE FEES; LIABILITY.] (a) The
department may charge a fee for farm crisis assistance services
it provides to persons outside of the department.
(b) The state is not liable for the actions of persons
under contract with the department who provide farm crisis
assistance services as part of their contractual duties.
Persons who provide farm crisis assistance are not subject to
liability for their actions that are within the scope of their
contract. The immunity from liability in this subdivision is in
addition to and not a limitation of immunity otherwise accorded
to the state and its contractors under law.
(c) Fees collected by the department under this subdivision
must be deposited in the general fund.
Sec. 13. Minnesota Statutes 1990, section 17.03, is
amended by adding a subdivision to read:
Subd. 10. [GIFTS; PUBLICATION FEES; ADVERTISING;
APPROPRIATION.] (a) The commissioner may accept for and on
behalf of the state any gift, bequest, devise, grant, or
interest in money or personal property of any kind tendered to
the state for any purpose pertaining to the activities of the
department of agriculture or any of its divisions.
(b) The commissioner may charge a fee for reports,
publications, or other promotional or informational material
produced by the department of agriculture. The commissioner may
solicit and accept advertising revenue for any departmental
publications or promotional materials.
(c) The fees collected by the commissioner under this
section are to recover all or part of the costs of providing
services for which the fees are paid. These fees are not
subject to chapter 14 or sections 16A.128 and 16A.1281.
(d) Money received by the commissioner for these activities
may be credited to one or more special accounts in the state
treasury. Money in those special accounts is annually
appropriated to the commissioner to provide the services for
which the money was received.
Sec. 14. Minnesota Statutes 1991 Supplement, section
17.63, is amended to read:
17.63 [REFUND OF FEES.]
(a) Any producer, except a producer of potatoes in area
number one, as listed in section 17.54, subdivision 9, or a
producer of paddy wild rice, may, by the use of forms to be
provided by the commissioner and upon presentation of such proof
as the commissioner requires, have the checkoff fee paid
pursuant to sections 17.51 to 17.69 fully or partially refunded,
provided the checkoff fee was remitted on a timely basis. The
request for refund must be received in the office of the
commissioner within the time specified in the promotion order
following the payment of the checkoff fee. In no event shall
these requests for refund be accepted more often than 12 times
per year. Refund shall be made by the commissioner and council
within 30 days of the request for refund provided that the
checkoff fee sought to be refunded has been received. Rules
governing the refund of checkoff fees for all commodities shall
be formulated by the commissioner, shall be fully outlined in
the promotion order, and shall be available for the information
of all producers concerned with the referendum.
(b) The commissioner must allow partial refund requests
from corn producers who have checked off and must allow for
assignment of payment to the Minnesota corn growers association
if the Minnesota corn research and promotion council requests
such action by the commissioner.
(c) The Minnesota corn research and promotion council shall
not elect to impose membership on any individual producer not
requesting a partial refund or assignment of payment to the
association.
Sec. 15. Minnesota Statutes 1990, section 18B.26,
subdivision 3, is amended to read:
Subd. 3. [APPLICATION FEE.] (a) A registrant shall pay an
annual application fee for each pesticide to be registered, and
this fee is set at one-tenth of one percent for calendar year
1990 and, at one-fifth of one percent for calendar year 1991,
and at two-fifths of one percent for calendar year 1992 and
thereafter of annual gross sales within the state and annual
gross sales of pesticides used in the state, with a minimum
nonrefundable fee of $150 plus an additional one-tenth of one
percent for each pesticide for which the United States
Environmental Protection Agency, Office of Water, has published
a Health Advisory Summary by December 1 of the previous
year $250. The registrant shall determine when and which
pesticides are sold or used in this state. The registrant shall
secure sufficient sales information of pesticides distributed
into this state from distributors and dealers, regardless of
distributor location, to make a determination. Sales of
pesticides in this state and sales of pesticides for use in this
state by out-of-state distributors are not exempt and must be
included in the registrant's annual report, as required under
paragraph (c), and fees shall be paid by the registrant based
upon those reported sales. Sales of pesticides in the state for
use outside of the state are exempt from the application fee in
this paragraph if the registrant properly documents the sale
location and distributors. A registrant paying more than the
minimum fee shall pay the balance due by March 1 based on the
gross sales of the pesticide by the registrant for the preceding
calendar year. The fee for disinfectants and sanitizers is $150
shall be the minimum. The minimum fee is due by December 31
preceding the year for which the application for registration is
made. Of the amount collected after calendar year
1990, $600,000 at least $500,000 per fiscal year must be
credited to the waste pesticide account under section 18B.065,
subdivision 5, and the additional amount collected for
pesticides with Health Advisory Summaries and $100,000 per
fiscal year shall be credited to the agricultural project
utilization account under section 116O.13 to be used for
pesticide use reduction grants by the agricultural utilization
research institute.
(b) An additional fee of $100 must be paid by the applicant
for each pesticide to be registered if the application is a
renewal application that is submitted after December 31.
(c) A registrant must annually report to the commissioner
the amount and type of each registered pesticide sold, offered
for sale, or otherwise distributed in the state. The report
shall be filed by March 1 for the previous year's registration.
The commissioner shall specify the form of the report and
require additional information deemed necessary to determine the
amount and type of pesticides annually distributed in the
state. The information required shall include the brand name,
amount, and formulation of each pesticide sold, offered for
sale, or otherwise distributed in the state, but the information
collected, if made public, shall be reported in a manner which
does not identify a specific brand name in the report.
Sec. 16. [INCREASE IN PESTICIDE REGISTRATION FEES.]
A registrant may not charge a customer for the increase in
fees under section 15 for sales made before the effective date
of that section.
Sec. 17. Minnesota Statutes 1991 Supplement, section
28A.08, is amended to read:
28A.08 [LICENSE FEES; PENALTIES.]
License fees, penalties for late renewal of licenses, and
penalties for not obtaining a license before conducting business
in food handling that are set in this section apply to the
sections named except as provided under section 28A.09. Except
as specified herein, bonds and assessments based on number of
units operated or volume handled or processed which are provided
for in said laws shall not be affected, nor shall any penalties
for late payment of said assessments, nor shall inspection fees,
be affected by this chapter. The penalties may be waived by the
commissioner.
Penalties
Type of food handler License Late No
Fee Renewal License
1. Retail food handler
(a) Having gross sales of only
prepackaged nonperishable food
of less than $15,000 for
the immediately previous
license or fiscal year and
filing a statement with the
commissioner $ 40 $ 15 $ 25
(b) Having under $15,000 gross
sales including food preparation
or having $15,000 to $50,000
gross sales for the immediately
previous license or fiscal year $ 55 $ 15 $ 25
(c) Having $50,000 to $250,000
gross sales for the immediately
previous license or fiscal year $105 $ 35 $ 75
(d) Having $250,000 to
$1,000,000 gross sales for the
immediately previous license or
fiscal year $180 $ 50 $100
(e) Having $1,000,000 to
$5,000,000 gross sales for the
immediately previous license or
fiscal year $500 $100 $175
(f) Having $5,000,000 to
$10,000,000 gross sales for the
immediately previous license or
fiscal year $700 $150 $300
(g) Having over $10,000,000
gross sales for the immediately
previous license or fiscal year $800 $200 $350
2. Wholesale food handler
(a) Having gross sales or
service of less than $250,000
for the immediately previous
license or fiscal year $200 $ 50 $100
(b) Having $250,000 to
$1,000,000 gross sales or
service for the immediately
previous license or fiscal year $400 $100 $200
(c) Having $1,000,000
to $5,000,000 gross sales or
service for the immediately
previous license or fiscal year $500 $125 $250
(d) Having over $5,000,000
gross sales for the immediately
previous license or fiscal year $575 $150 $300
3. Food broker $100 $ 30 $ 50
4. Wholesale food processor
or manufacturer
(a) Having gross sales of less
than $250,000 for the immediately
previous license or fiscal year $275 $ 75 $150
(b) Having $250,000 to $1,000,000
gross sales for the immediately
previous license or fiscal year $400 $100 $200
(c) Having $1,000,000 to
$5,000,000 gross sales for the
immediately previous license or
fiscal year $500 $125 $250
(d) Having over $5,000,000
gross sales for the immediately
previous license or fiscal year $575 $150 $300
5. Wholesale food processor of
meat or poultry products
under supervision of the
U. S. Department of Agriculture
(a) Having gross sales of less
than $250,000 for the immediately
previous license or fiscal year $150 $ 50 $ 75
(b) Having $250,000 to $1,000,000
gross sales for the immediately
previous license or fiscal year $225 $ 75 $125
(c) Having $1,000,000 to
$5,000,000 gross sales for the
immediately previous license or
fiscal year $275 $ 75 $150
(d) Having over $5,000,000
gross sales for the immediately
previous license or fiscal year $325 $100 $175
6. Wholesale food manufacturer
having the permission of the
commissioner to use the name
Minnesota farmstead cheese $ 30 $ 10 $ 15
7. Nonresident frozen dairy
manufacturer $200 $ 50 $ 75
8. Wholesale food manufacturer
processing less than 70,000
pounds per year of cultured
dairy food as defined in section
32.486, subdivision 1,
paragraph (b) $ 30 $ 10 $ 15
9. A milk marketing organization
without facilities for processing
or manufacturing that
purchases milk from milk
producers for delivery to a
licensed wholesale food processor
or manufacturer $ 50 $ 15 $ 25
Sec. 18. Minnesota Statutes 1991 Supplement, section
41A.09, subdivision 3, is amended to read:
Subd. 3. [PAYMENTS FROM ACCOUNT.] The commissioner of
revenue shall make cash payments from the account to producers
of ethanol or wet alcohol located in the state. These payments
shall apply only to ethanol or wet alcohol fermented in the
state. The amount of the payment for each producer's annual
production shall be as follows:
(a) For each gallon of ethanol produced on or before June
30, 2000, 20 cents per gallon.
(b) For each gallon produced of wet alcohol on or before
June 30, 2000, a payment in cents per gallon calculated by the
formula "alcohol purity in percent divided by five," and rounded
to the nearest cent per gallon, but not less than 11 cents per
gallon. The producer payment for wet alcohol under this section
may be paid to either the original producer of wet alcohol or
the secondary processor, at the option of the original producer,
but not to both.
(c) The total payments from the account to all producers
during the period beginning July 1, 1991 and ending June 30,
1993 may not exceed $9,000,000 $8,550,000. This amount may be
paid in either fiscal year of the biennium. Total payments from
the account to any producer in each fiscal year may not exceed
$3,000,000.
(d) The total payments from the account to all producers
may not exceed $10,000,000 in any fiscal year during the period
beginning July 1, 1993, and ending June 30, 2000. Total
payments from the account to any producer in any fiscal year may
not exceed $3,000,000.
By the last day of October, January, April, and July, each
producer shall file a claim for payment for production during
the preceding three calendar months. The volume of production
must be verified by a certified financial audit performed by an
independent certified public accountant using generally accepted
accounting procedures.
Payments shall be made November 15, February 15, May 15,
and August 15.
Sec. 19. Minnesota Statutes 1991 Supplement, section
84.0855, is amended to read:
84.0855 [SPECIAL RECEIPTS; APPROPRIATION.]
Money received by the commissioner of natural resources as
fees for seminars or workshops, from the sale of publications
and maps, from the sale of other natural resource related
merchandise at the state fair, or to buy supplies for the use of
volunteers, may be credited to one or more special accounts in
the state treasury and is appropriated to the commissioner for
the purposes for which the money was received. Money received
from sales at the state fair shall be available for state fair
related costs.
Sec. 20. [84.0887] [YOUTH PROGRAMS.]
Subdivision 1. [PROGRAM CONTENT.] The commissioner shall
operate youth corps programs which may include summer youth
programs and year-round young adult programs. The commissioner
shall insure that youths in all parts of the state have an equal
opportunity for employment and that equal numbers of male and
female youth are selected for the summer programs. Youth corps
members must be 15 to 18 years old and young adult corps members
must be 18 to 26 years old. Corps members are not public
employees under chapter 43A or 179A. Youth corps programs may
provide services that include but are not limited to the
following:
(1) conservation, rehabilitation, and the improvement of
wildlife habitat, prairie, parks, and recreational areas;
(2) urban and rural revitalization, historical and cultural
site preservation, and reforestation of both urban and rural
areas;
(3) fish culture, wildlife habitat maintenance and
improvement, and other fishery assistance;
(4) road and trail development, maintenance, and
improvement;
(5) erosion, flood, drought, and storm damage assistance
and controls;
(6) stream, lake, waterfront harbor, and port improvement;
(7) wetlands protection and pollution control;
(8) insect, disease, rodent, and fire prevention and
control;
(9) the improvement of abandoned railroad beds and
rights-of-way;
(10) energy conservation projects, renewable resource
enhancement, and recovery of biomass;
(11) reclamation and improvement of strip-mined land; and
(12) forestry, nursery, and cultural operations.
Subd. 2. [ADDITIONAL SERVICES.] In addition to services
under subdivision 1, youth corps programs may coordinate with or
provide services to:
(1) making public facilities accessible to individuals with
disabilities;
(2) federal, state, local, and regional governmental
agencies;
(3) nursing homes, hospices, senior centers, hospitals,
local libraries, parks, recreational facilities, child and adult
day care centers, programs servicing individuals with
disabilities, and schools;
(4) law enforcement agencies, and penal and probation
systems;
(5) private nonprofit organizations that primarily focus on
social service such as community action agencies;
(6) activities that focus on the rehabilitation or
improvement of public facilities, neighborhood improvements,
literacy training that benefits educationally disadvantaged
individuals, weatherization of and basic repairs to low-income
housing including housing occupied by older adults, activities
that focus on drug and alcohol abuse education, prevention, and
treatment; and
(7) any other nonpartisan civic activities and services
that the commissioner determines to be of a substantial social
benefit in meeting unmet human, educational, or environmental
needs, particularly needs related to poverty, or in the
community where volunteer service is to be performed.
Subd. 3. [INELIGIBLE SERVICES.] Ineligible service
categories include:
(1) business organized for profit;
(2) labor unions;
(3) partisan political organizations;
(4) organizations engaged in religious activities, unless
such activities do not involve the use of funds provided under
this title by program participants and program staff to give
religious instruction, conduct worship services, or engage in
any form of proselytization; or
(5) domestic or personal service companies or organizations.
Subd. 4. [ADVISORY COMMITTEE.] The commissioner shall
establish a youth corps advisory committee with broad state
representation including youth.
Subd. 5. [OLDER MEMBERS.] Youth corps programs may enroll
a limited number of special corps members over age 26 so that
the corps may draw on their unique knowledge, skills, or
abilities to fulfill the purposes of the programs.
Subd. 6. [EXPENDITURES FROM SPECIAL FUNDS.] An
appropriation from a special revenue fund or account to the
commissioner for youth corps programs must be spent for projects
that are consistent with the purposes of the fund or account
from which the appropriation was made.
Sec. 21. [84.525] [MAINTENANCE OF CAMPSITES IN THE BWCA.]
All reservation fees paid to the state attributable to
state-owned lands within the boundary waters canoe area must be
credited to an account in the special revenue fund and are
appropriated to the commissioner of natural resources for
maintenance of state-owned campsites within the boundary waters
canoe area. The commissioner may enter into cooperative
agreements with the federal government for maintenance of the
campsites.
Sec. 22. Minnesota Statutes 1990, section 85A.04,
subdivision 1, is amended to read:
Subdivision 1. [DEPOSIT.] All receipts from parking and
admission to the Minnesota zoological garden shall be deposited
in the state treasury and credited to an account in the
general special revenue fund, and are annually appropriated to
the board for operations and maintenance.
Sec. 23. Minnesota Statutes 1990, section 89.035, is
amended to read:
89.035 [INCOME FROM STATE FOREST LANDS, DISPOSITION.]
All income which may be received from lands acquired by the
state heretofore or hereafter for state forest purposes by gift,
purchase or eminent domain and tax-forfeited lands to which the
county has relinquished its equity to the state for state forest
purposes shall be paid into the state treasury and credited to
the state forest account general fund except where the
conveyance to and acceptance by the state of lands for state
forest purposes provides for other disposition of receipts.
Sec. 24. Minnesota Statutes 1991 Supplement, section
89.37, subdivision 4, is amended to read:
Subd. 4. [PROCEEDS OF SALE.] All moneys received in
payment for tree planting stock supplied under this section
shall be deposited in the state treasury and credited to the
state a forest nursery account pursuant to section 89.035 and
are available to the commissioner of natural resources for the
purposes of sections 89.35 to 89.37.
Sec. 25. Minnesota Statutes 1990, section 89.37, is
amended by adding a subdivision to read:
Subd. 5. [INVESTMENT INCOME.] Income earned from the
investment of funds in the forest nursery account beginning July
1, 1989, shall be credited to the account and are annually
appropriated to the commissioner of natural resources for the
purposes of sections 89.35 to 89.37.
Sec. 26. [115B.42] [LANDFILL CLEANUP ACCOUNT.]
Subdivision 1. [ESTABLISHMENT.] The landfill cleanup
account is established in the environmental fund in the state
treasury. The account consists of money credited to the account
and interest earned on the money in the account.
Subd. 2. [EXPENDITURES.] Subject to appropriation, money
in the account may be spent for inspection of mixed municipal
solid waste disposal facilities to:
(1) evaluate the adequacy of final cover, slopes,
vegetation, and erosion control;
(2) determine the presence and concentration of hazardous
substances, pollutants or contaminants, and decomposition gases;
and
(3) determine the boundaries of fill areas.
Sec. 27. Minnesota Statutes 1990, section 116P.11, is
amended to read:
116P.11 [AVAILABILITY OF FUNDS FOR DISBURSEMENT.]
(a) The amount biennially available from the trust fund for
the budget plan developed by the commission consists of the
interest earnings generated from the trust fund.
(b) For funding projects through fiscal year 1997, the
following additional amounts are available from the trust fund
for the budget plans developed by the commission:
(1) for the 1991-1993 biennium, up to 25 percent of the
revenue deposited in the trust fund in fiscal years 1990 and
1991;
(2) for the 1993-1995 biennium, up to 20 percent of the
revenue deposited in the trust fund in fiscal year 1992 and up
to 15 percent of the revenue deposited in the fund in fiscal
year 1993; and
(3) for the 1993-1995 biennium, up to 25 percent of the
revenue deposited in the trust fund in fiscal years 1994 and
1995, to be expended only for capital investments in parks and
trails; and
(4) for the 1995-1997 biennium, up to ten percent of the
revenue deposited in the fund in fiscal year 1994 and up to five
percent of the revenue deposited in the fund in fiscal year 1995
1996.
(c) Any appropriated funds not encumbered in the biennium
in which they are appropriated cancel and must be credited to
the principal of the trust fund.
Sec. 28. Laws 1991, chapter 254, article 1, section 7,
subdivision 5, is amended to read:
Subd. 5. Administrative Support
and Grants
5,688,000 5,533,000
Summary by Fund
General 5,503,000 5,348,000
Special Revenue 185,000 185,000
$185,000 the first year and $185,000
the second year are from the
commodities research and promotion
account in the special revenue fund.
$80,000 the first year and $80,000 the
second year are for grants to farmers
for demonstration projects involving
sustainable agriculture. If a project
cost is more than $25,000, the amount
above $25,000 must be cost-shared at a
state-applicant ratio of one to one.
Priorities must be given for projects
involving multiple parties. Up to
$20,000 each year may be used for
dissemination of information about the
demonstration grant projects. If the
appropriation for either year is
insufficient, the appropriation for the
other is available.
The unexpended balance appropriated for
grants to farmers for demonstration
projects involving sustainable
agriculture in Laws 1989, chapter 269,
section 7, subdivision 5, does not
cancel and is reappropriated to the
commissioner and added to other
appropriations for the biennium ending
June 30, 1993, to carry out such
demonstrations to be used in either
year of the biennium.
$70,000 the first year and $70,000 the
second year are for the Northern Crops
Institute. These appropriations may be
spent to purchase equipment and are
available until spent.
$40,000 the first year and $40,000 the
second year are for payment of claims
relating to livestock damaged by
endangered animal species. If the
appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
$80,000 the first year and $80,000 the
second year are for the seaway port
authority of Duluth.
$10,000 the first year is for payment
of claims relating to agricultural
crops damaged by elk and is available
until June 30, 1993.
$19,000 the first year and $19,000 the
second year is for a grant to the
Minnesota livestock breeder's
association.
$100,000 the first year and $100,000
the second year are for a base
adjustment to grants to the state
agricultural society to be spent as
grants to county agricultural societies
for premiums for county fair
competitions in arts and crafts. This
appropriation must be included in the
1994-1995 biennial budget base.
$160,000 the first year is for farm
safety programs. $120,000 is for
payment to instructors in a youth farm
safety program and $40,000 is for a
farm safety audit pilot project. This
appropriation is available for either
year of the biennium. If any amount of
the appropriation for either program
remains unencumbered on September 1,
1992, it becomes available for the
other program or for other farm safety
projects and programs at the discretion
of the commissioner.
Sec. 29. [CHECKOFF FEE REFUND TRANSFER POLICY; REPORT.]
Not later than August 1, 1992, the commissioner of
agriculture shall appoint a task force to review the issue of
direct transfer of commodity checkoff fee refunds to commodity
associations and/or farm organizations. The task force must
include representatives of farm organizations, research and
promotion councils, commodity associations, and commodity
producers. Not later than February 1, 1993, the commissioner
shall report to the legislature on the findings and
recommendations of the task force.
Sec. 30. [SOLID WASTE FEES.]
Subdivision 1. [METROPOLITAN AREA LANDFILLS.] (a) The
proceeds of fees paid from July 1, 1992 to June 30, 1993, under
Minnesota Statutes, section 473.843, including interest and
penalties, must be deposited as follows:
(1) three-fourths of the proceeds must be deposited in the
metropolitan landfill abatement account established in Minnesota
Statutes, section 473.844;
(2) an amount equal or equivalent to 20 cents per cubic
yard of waste subject to the fees must be deposited as provided
in subdivision 4; and
(3) the remainder of the proceeds must be deposited in the
metropolitan landfill contingency action trust fund established
in Minnesota Statutes, section 473.845.
(b) The amount of the fee in Minnesota Statutes, section
473.843, subdivision 1, must be reduced by 20 cents per cubic
yard, or the equivalent, and paragraph (a), clause (2), does not
apply, for waste for which the fee in subdivision 3 has been
paid.
Subd. 2. [NONMETROPOLITAN AREA LANDFILLS.] (a) From July
1, 1992 to June 30, 1993, a county, statutory or home rule
charter city, or sanitary district that receives fees under
Minnesota Statutes, section 115A.923, may impose a surcharge of
up to 20 cents per cubic yard, or the equivalent, of solid waste
subject to the fees.
(b) From July 1, 1992 to June 30, 1993, a county, statutory
or home rule charter city, or sanitary district that receives
fees under Minnesota Statutes, section 115A.923, shall remit to
the commissioner of revenue an amount equal or equivalent to 20
cents per cubic yard of solid waste that is subject to the fees
and on which the fee in subdivision 3 has not been paid. The
remittance must be made on or before the 20th day of each month
for fees received the previous month, using a form provided by
the commissioner.
(c) The amount of the fee in Minnesota Statutes, section
115A.923, subdivision 1, must be reduced by 20 cents per cubic
yard, or the equivalent, for waste for which the fee in
subdivision 3 has been paid.
Subd. 3. [OTHER FACILITIES.] (a) Except as provided in
paragraph (b), the operator of a mixed municipal solid waste
processing facility that is permitted by the pollution control
agency shall pay a fee in an amount equal or equivalent to 20
cents per cubic yard of solid waste accepted for processing at
the facility from July 1, 1992 to June 30, 1993.
(b) The fee does not apply to:
(1) waste that has previously been accepted at another
mixed municipal solid waste processing facility; or
(2) waste residue from a recycling facility at which
recyclable materials are separated or processed for the purposes
of recycling, if there is at least an 85 percent volume
reduction in the solid waste processed at the facility.
To qualify for exemption under this clause, the waste residue
must be brought separately to the processing facility in
paragraph (a). The commissioner of revenue, with the advice and
assistance of the metropolitan council, the director of the
office of waste management, and the commissioner of the
pollution control agency, shall prescribe procedures for
determining the amount of waste residue qualifying for exemption
under this clause.
(c) The fee must be remitted to the commissioner of revenue
on or before the 20th day of each month for waste accepted at
the facility during the previous month, using a form provided by
the commissioner.
Subd. 4. [DISPOSITION OF PROCEEDS.] Of the amounts
specified in subdivisions 1, clause (2); 2, paragraph (b); and 3:
(1) $360,000 must be deposited in the environmental fund
for appropriations made under Laws 1991, chapter 254, article 1,
section 2, subdivision 4; and
(2) the remainder must be credited to the landfill cleanup
account established in Minnesota Statutes, section 115B.42.
The amount in clause (1) includes indirect costs.
Sec. 31. Minnesota Statutes 1990, section 115D.04,
subdivision 2, is amended to read:
Subd. 2. [ASSISTANCE.] The pollution prevention assistance
program must include at least the following:
(1) a program to assemble, catalog, and disseminate
information on pollution prevention;
(2) a program to provide technical research and assistance,
including on-site consultations to identify alternative methods
that may be applied to prevent pollution and to provide
assistance for planning under section 115D.07, excluding design
engineering services; and
(3) outreach programs including seminars, workshops,
training programs, and other similar activities designed to
provide pollution prevention information and assistance to
eligible recipients and other interested persons.
Sec. 32. [REPEALER.]
(a) Minnesota Statutes 1990, section 84.0885, is repealed.
(b) Minnesota Statutes 1990, section 89.036, is repealed.
Sec. 33. [EFFECTIVE DATES.]
This article is effective the day following final
enactment, except that sections 4 and 22 are effective July 1,
1992, and sections 23 and 32, paragraph (b), are effective July
15, 1992.
ARTICLE 3
INFRASTRUCTURE AND REGULATION
Section 1. [TRANSPORTATION AND OTHER AGENCIES; APPROPRIATIONS.]
Unless otherwise indicated, all sums set forth in the
columns designated "1992 and 1993 APPROPRIATION CHANGE" are to
be added to or reduced from general fund appropriations made by
Laws 1991, chapter 233, or another named law, for the fiscal
years ending June 30, 1992, and June 30, 1993, respectively.
Amounts to be reduced are designated by parentheses.
SUMMARY BY FUND
1992 1993 TOTAL
APPROPRIATION
CHANGE $ (1,112,000)$ (3,820,000)$ (4,932,000)
GENERAL FUND $ (3,112,000)$ (11,255,000)$ (14,367,000)
TRUNK HIGHWAY
FUND $ 2,000,000 $ $ 2,000,000
WORKERS'
COMPENSATION $ $ 3,274,000 $ 3,274,000
STATE AIRPORTS
FUND $ $ 10,000 $ 10,000
SPECIAL REVENUE
FUND $ $ 4,151,000 $ 4,151,000
REVENUE CHANGE $ 49,000 $ 8,961,000 $ 9,010,000
GENERAL FUND $ 49,000 $ 2,596,000 $ 2,645,000
WORKERS'
COMPENSATION $ $ 2,214,000 $ 2,214,000
SPECIAL REVENUE
FUND $ $ 4,151,000 $ 4,151,000
APPROPRIATION CHANGE
1992 1993
Sec. 2. TRANSPORTATION
Subdivision 1. Total
Appropriation Changes 2,000,000
The amounts in subdivision 1 are to be
distributed among agency programs as
specified in the following subdivisions.
Subd. 2. State Road Construction
1992 1993
(1,700,000) (4,800,000)
This appropriation is from the trunk
highway fund.
Subd. 3. Construction Engineering
1,700,000 4,800,000
This appropriation is from the trunk
highway fund.
Subd. 4. State Road Operations
2,000,000
This appropriation is from the trunk
highway fund.
The commissioner of transportation
shall hold at least one public hearing
in each department of transportation
construction district before December
31, 1992. At each hearing the
commissioner or the commissioner's
designees shall explain to persons
attending the hearing the
commissioner's most recent two-year
highway improvement program and
six-year highway improvement work
program, including the process used to
determine the final programs; the
sources of funding available to finance
the programs and any major expansions
of the programs, including anticipated
federal highway funds; and the status
of the designation in Minnesota of
highways to be included in the national
highway system established under the
federal Intermodal Surface
Transportation Efficiency Act of 1991,
and the process to be used in making
these designations. The commissioner
shall receive public comment on these
programs, processes, systems, and
funding sources.
The commissioner of transportation
shall establish an advisory board to
advise the commissioner on designation
in Minnesota of highways to be included
in the national highway system
established under the federal
Intermodal Surface Transportation
Efficiency Act of 1991. The committee
must be composed of citizens who have
demonstrated an interest and
involvement in the improvement of
highways and other forms of surface
transportation in Minnesota. No more
than 20 percent of the members may be
highway engineers. The advisory
committee shall function from the date
of the commissioner's appointments to
it until November 30, 1993. The
commissioner shall not propose to the
United States secretary of
transportation any highways in
Minnesota for inclusion in the national
highway system, or take any other steps
that would lead to such a designation,
without first consulting with the
advisory board.
Subd. 5. Aeronautics
10,000
This appropriation is from the state
airports fund for the advisory council
on metropolitan airports planning.
Subd. 6. Greater Minnesota
Transit Assistance 440,000
This appropriation is from the general
fund.
Sec. 3. REGIONAL TRANSIT BOARD 1,500,000
This appropriation is for Metro
Mobility, and is notwithstanding any
restriction in Laws 1991, chapter 233,
section 3. Any unencumbered balance
remaining in the first year does not
cancel but is available for the second
year of the biennium.
Sec. 4. PUBLIC SAFETY
Subdivision 1. Total
Appropriation Changes (1,420,000) (998,000)
The amounts in this subdivision are to
be distributed among agency programs as
specified in the following subdivisions.
Subd. 2. Emergency Management
88,000 54,000
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year.
This appropriation is to match federal
funds for winter storm damage as
provided in the Presidential Disaster
Declaration awarded on December 26,
1991.
Subd. 3. Emergency Management
and Emergency Response Reduction
(173,000) (45,000)
The commissioner of public safety shall
consolidate the emergency response
commission with the division of
emergency management into a single
division known as the division of
emergency management.
Subd. 4. Criminal Apprehension
(590,000) (500,000)
Subd. 5. Fire Marshal
(69,000) (7,000)
Subd. 6. Driver and Vehicle
Services
(399,000) (299,000)
The appropriation in Laws 1991, chapter
233, section 5, subdivision 8, for
fiscal year 1992 for costs relating to
collegiate plates for academic
excellence scholarships is available
for fiscal year 1993.
Subd. 7. Liquor Control
(40,000) (70,000)
Subd. 8. Drug Policy
(10,000) (20,000)
Subd. 9. Private Detective Board
(3,000)
Subd. 10. State Patrol
(16,000) (40,000)
Subd. 11. Capitol Security
(75,000)
Subd. 12. Gambling Enforcement
(130,000)
Subd. 13. General Reductions
(3,000) (71,000)
Sec. 5. BOARD OF PEACE OFFICER
STANDARDS AND TRAINING
Subdivision 1. Total
Appropriation Changes (151,000) 669,000
Summary by Fund
General Fund (151,000) (3,482,000)
Special Revenue Fund 4,151,000
This appropriation is from the peace
officers training account in the
special revenue fund.
Any funds deposited into the peace
officer training account in the special
revenue fund in fiscal year 1993 in
excess of $4,151,000 must be
transferred and credited to the general
fund.
Sec. 6. COMMERCE
Subdivision 1. Registration
and Analysis 275,000
This appropriation is for unclaimed
property administrative expenses.
The approved general fund complement is
increased by two positions effective
July 1, 1992.
Sec. 7. NON-HEALTH-RELATED BOARDS
Subdivision 1. Total for this
section 59,000 88,000
Subd. 2. Board of Accountancy 10,000 14,000
Subd. 3. Board of Architecture,
Engineering, Land Surveying, and
Landscape Architecture 49,000 74,000
Sec. 8. PUBLIC SERVICE
Subdivision 1. Total
Appropriation Changes (87,000) 196,000
The approved general fund complement is
increased by five positions in the
classified service, effective July 1,
1992.
The amounts in subdivision 1 are to be
distributed among agency programs as
specified in the following subdivisions.
Except for the weights and measures
division, the department of public
service shall maintain its offices in
the same building in which the public
utilities commission maintains its
offices.
Subd. 2. Information and Operations
Management
(15,000) (15,000)
Subd. 3. Energy
(72,000) (72,000)
Subd. 4. Weights and Measures
283,000
This appropriation is for gasoline
octane and oxygenated fuels enforcement.
$111,000 of this appropriation is for
the first-year cost of the purchase of
equipment through lease-purchase with a
term of five years or less.
Sec. 9. MINNESOTA HISTORICAL
SOCIETY
Subdivision 1. Total
Appropriation Changes (45,000) (25,000)
Subd. 2. General Reduction (95,000) (95,000)
The reduction specified in this section
can be taken in either year of the
1992-1993 biennium.
This reduction shall not apply to the
fiscal agent program.
Subd. 3. Greater Cloquet-
Moose Lake Forest Fire Center 20,000
The society shall spend this amount as
a grant to the city of Cloquet to
complete planning and design for
development of the center.
Subd. 4. Statewide Outreach 50,000 50,000
These appropriations are for historic
site grants to encourage local historic
preservation projects. To be eligible
for a grant, a county or local project
group must provide a 50 percent match,
in accordance with the historical
society's guidelines. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year.
Sec. 10. MINNESOTA HUMANITIES
COMMISSION (10,000)
The reduction specified in this section
can be taken in either year of the
1992-1993 biennium.
Sec. 11. BOARD OF THE ARTS
Subdivision 1. Total
Appropriation Changes (55,000)
Subd. 2. General Reduction (75,000)
The reduction specified in this
subdivision can be taken in either year
of the 1992-1993 biennium.
Subd. 3. Kee Theatre 20,000
The board shall spend this amount as a
grant for the restoration of the Kee
Theatre in Kiester. It is the intent
of the legislature that no further
direct appropriation will be made for
this purpose. The board may not use
any part of this sum for administrative
expenses.
Sec. 12. MINNESOTA TECHNOLOGY, INC. (3,361,000) (4,490,000)
(a) $3,000,000 of the appropriation
reduction in fiscal year 1992 is to be
replaced by money from the agency's
fund balance. The remainder of the
reductions in fiscal year 1992 are
expenditure reductions to be allocated
by the agency's board among agency
operations and grants.
(b) Agricultural Utilization Research Institute (1,000,000)
The reduction of this grant is intended
to be a one-time appropriation
reduction and shall be reinstated in
the base appropriation for the next
biennium.
(c) General Reduction (361,000) (540,000)
(d) Minnesota High Technology
Corridor Corporation 50,000
(e) The remainder of the reduction in
fiscal year 1993 is intended as a
one-time reduction and may be replaced
by money from the agency's fund balance
or the agency's seed capital account,
or taken as reductions in agency
operations expenditures, as determined
by the agency's board.
(f) Grants to the organizations
required to receive grants and funding
by Laws 1991, chapter 233, section 21,
subdivision 1, and Laws 1991, chapter
322, section 18, other than grants to
the agricultural utilization research
institute, must not be reduced by more
than 6.3 percent, and must not be
included in the $3,000,000 reduction
for the second year. Grants to the
agricultural utilization research
institute may not be reduced by more
than the amount specified in paragraph
(b).
Sec. 13. WORLD TRADE CENTER
CORPORATION
Subdivision 1. Total Appropriation
Changes 530,000
Subd. 2. General Reduction (50,000)
This reduction is from the money
appropriated from the general fund for
the regional international trade
service center pilot project in Laws
1991, chapter 348, section 2, paragraph
(a).
Subd. 3. Privatization of corporation 580,000
(a) The commissioner of finance shall
release all or part of this
appropriation as provided in this
subdivision. Any portion of the
appropriation not released reverts to
the general fund.
(b) The commissioner of finance shall
release $220,000 of this appropriation
on the day following final enactment of
this act. Of this amount (1) $120,000
is for preservation of the assets of
the corporation during the 90 days
following the day following final
enactment of this act, and (2) $100,000
shall be used to conduct an analysis of
the feasibility of privatizing (through
merger, asset sale, or public offering)
all or part of the corporation. That
analysis must include a full market
value accounting study of the
corporations's assets, liabilities,
liens, and encumbrances. Subject to
the approval of the commissioner of
administration, the World Trade Center
Corporation board shall select an
investment advisor to perform the
privatization analysis required under
clause (2).
The study must be delivered to the
board and the commissioner of
administration not later than 90 days
after the release of funds under this
paragraph.
(c) Should the commissioner of
administration determine that the study
conducted under paragraph (b) shows a
reasonable potential for the state to
recover a significant proportion of its
investment in the World Trade Center
Corporation in a sale of all or part of
the corporation, the commissioner of
administration shall request the
commissioner of finance to release an
additional $240,000 of this
appropriation. The World Trade Center
Corporation board shall utilize this
amount during the 180 days following
the expiration of the period described
in paragraph (b) to prepare and execute
a plan for accomplishing the
privatization and to preserve the
assets and goodwill of the corporation.
(d) If the commissioner of
administration determines the release
of the remaining $120,000 of this
appropriation is necessary during the
90 days following the completion of the
period described in paragraph (c) to
preserve the assets and goodwill of the
corporation and to facilitate the sale
of all or part of the corporation, the
commissioner of administration may
request the commissioner of finance to
release the remaining $120,000 of this
appropriation.
(e) This appropriation is available
until expended.
(f) Any money remaining in the World
Trade Center Corporation account in the
special revenue fund after sale of the
assets or ownership of the corporation
reverts to the general fund under
Minnesota Statutes, section 44A.0311,
as amended by this act.
(g) The proceeds of the sale must be
applied in the following order:
(1) Any liabilities and obligations of
the corporation must be paid,
satisfied, or discharged or adequate
provision must be made to do so; and
(2) Any remaining proceeds must be
deposited in the general fund.
Sec. 14. LABOR AND INDUSTRY
Subdivision 1. Total
Appropriation Changes (80,000) 385,000
Summary by Fund
General (80,000) (2,889,000)
Workers' Compensation 3,274,000
The approved general fund complement is
decreased by 62.5 positions and the
approved workers' compensation fund
complement is increased by 101.5
positions effective July 1, 1992.
The amounts in subdivision 1 are to be
distributed among agency programs as
specified in the following subdivisions.
Subd. 2. Workers' Compensation
Regulation and Enforcement
Summary by Fund
General Fund (1,458,000)
Workers' Compensation 1,633,000
The general fund reduction is from the
money appropriated in Laws 1991,
chapter 292, article 1, section 5,
subdivision 1.
The appropriation of $1,633,000 in the
second year is for the Workers'
Compensation Vocational Rehabilitation
Unit which is funded from the workers'
compensation fund effective July 1,
1992.
Subd. 3. Workplace Regulation
and Enforcement
Summary by Fund
General Fund (40,000) (1,431,000)
Workers' Compensation 1,641,000
The appropriation of $1,641,000 in the
second year is for the Occupational
Safety and Health Act program which is
funded from the workers' compensation
fund effective July 1, 1992.
Subd. 4. General Support
General Fund (40,000)
Sec. 15. SECRETARY OF STATE
Subdivision 1. General Reduction (248,000)
The reduction specified in this section
can be taken in either year of the
1992-1993 biennium.
Sec. 16. Laws 1991, chapter 233, section 2, subdivision 2,
is amended to read:
Subd. 2. Aeronautics 15,814,000 15,562,000
This appropriation is from the state
airports fund.
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Airport Development and Assistance
1992 1993
11,892,000 11,645,000
$1,749,000 $1,834,000 the first year
and $1,752,000 $1,837,000 the second
year are for navigational aids.
$6,089,000 $7,200,000 the first year
and $6,089,000 $7,200,000 the second
year are for airport construction
grants.
$1,773,000 $2,100,000 the first year
and $1,773,000 $2,100,000 the second
year are for airport maintenance grants.
If the appropriation for either year
for navigational aids, airport
construction grants, or airport
maintenance grants is insufficient, the
appropriation for the other year is
available for it. The appropriations
for construction grants and maintenance
grants must be expended only for
grant-in-aid programs for airports that
are not state owned.
These appropriations must be expended
in accordance with Minnesota Statutes,
section 360.305, subdivision 4.
The commissioner of transportation may
transfer unencumbered balances among
the appropriations for airport
development and assistance with the
approval of the governor after
consultation with the legislative
advisory commission.
$8,000 the first year and $8,000 the
second year are for maintenance of the
Pine Creek Airport.
$500,000 the first year and $500,000
the second year are for air service
grants.
$15,000 the first year and $15,000 the
second year are for the advisory
council on metropolitan airport
planning.
(b) Civil Air Patrol
65,000 65,000
(c) Aeronautics Administration
3,857,000 3,852,000
$15,000 the first year and $25,000 the
second year are for the advisory
council on metropolitan airport
planning. The commissioner of
transportation shall transfer these
funds to the legislative coordinating
commission by July 15, 1992.
Sec. 17. Minnesota Statutes 1990, section 3.21, is amended
to read:
3.21 [NOTICE.]
At least four months before the election, the attorney
general shall furnish to the secretary of state a statement of
the purpose and effect of all amendments proposed, showing
clearly the form of the existing sections and how they will read
if amended. If a section to which an amendment is proposed
exceeds 150 words in length, the statement shall show the part
of the section in which a change is proposed, both its existing
form and as it will read when amended, together with the
portions of the context that the attorney general deems
necessary to understand the amendment. In October before the
election, the secretary of state shall publish the statement
once in all qualified newspapers of the state. The secretary of
state shall furnish the statement to the newspapers in
reproducible form approved by the secretary of state, set in
7-1/2-point type on an 8-point body. The maximum rate for
publication is that provided in section 331A.06 or 18 cents per
standard line, whichever is less. If a newspaper refuses to
publish the amendments, the refusal shall have no effect on the
validity of the amendments. The secretary of state shall also
forward to each county auditor enough copies of the statement,
in poster form, to supply each election district of the county
with two copies. The auditor shall have two copies
conspicuously posted at or near each polling place on election
day. Willful or negligent failure by an official named to
perform a duty imposed by this section is a misdemeanor.
Sec. 18. Minnesota Statutes 1990, section 5.09, is amended
to read:
5.09 [LEGISLATIVE MANUAL, STUDENTS' EDITION.]
The secretary of state, subject to the approval of the
president of the senate and speaker of the house of
representatives, shall may prepare, compile, edit, and
distribute a brief edition of the legislative manual, as
provided in section 5.08, suitable for school pupils.
Sec. 19. Minnesota Statutes 1990, section 5.14, is amended
to read:
5.14 [TRANSACTION SURCHARGE.]
The secretary of state may impose a surcharge of $5 $10 on
each transaction involving over-the-counter expedited service,
other than simple copying requests, that takes place at the
office of the secretary of state.
Sec. 20. Minnesota Statutes 1990, section 10A.31,
subdivision 4, is amended to read:
Subd. 4. The amounts designated by individuals for the
state elections campaign fund, less three percent, are
appropriated from the general fund and shall be credited to the
appropriate account in the state elections campaign fund and
annually appropriated for distribution as set forth in
subdivisions 5, 6 and 7. An amount equal to three percent shall
be retained in the general fund for administrative costs.
Sec. 21. Minnesota Statutes 1990, section 15.0597,
subdivision 4, is amended to read:
Subd. 4. [NOTICE OF VACANCIES.] The chair of an existing
agency, shall notify the secretary of a vacancy scheduled to
occur in the agency as a result of the expiration of membership
terms at least 45 days before the vacancy occurs. The chair of
an existing agency shall give written notification to the
secretary of each vacancy occurring as a result of newly created
agency positions and of every other vacancy occurring for any
reason other than the expiration of membership terms as soon as
possible upon learning of the vacancy and in any case within 15
days after the occurrence of the vacancy. The appointing
authority for newly created agencies shall give written
notification to the secretary of all vacancies in the new agency
within 15 days after the creation of the agency. Every 21 days,
The secretary shall publish monthly in the State Register a list
of all vacancies of which the secretary has been so notified.
Only one notice of a vacancy shall be so published, unless the
appointing authority rejects all applicants and requests the
secretary to republish the notice of vacancy. One copy of the
listing shall be made available at the office of the secretary
to any interested person. The secretary shall distribute by
mail copies of the listings to requesting persons. The listing
for all vacancies scheduled to occur in the month of January
shall be published in the State Register together with the
compilation of agency data required to be published pursuant to
subdivision 3.
Sec. 22. Minnesota Statutes 1990, section 44A.0311, is
amended to read:
44A.0311 [WORLD TRADE CENTER CORPORATION ACCOUNT.]
The world trade center corporation account is in the
special revenue fund. All money received by the corporation,
including money generated from the use of the conference and
service center, except money generated from the use of the
center by the Minnesota trade division and by the sale of the
assets or ownership of the corporation under section 44A.12,
must be deposited in the account. Money in the account
including interest earned is appropriated to the board and must
be used exclusively for corporation purposes. Any money
remaining in the account after sale of the assets or ownership
of the corporation under section 44A.12 shall revert to the
general fund.
Sec. 23. [44A.12] [PRIVATIZATION OF CORPORATION.]
Subdivision 1. [SALE OF CORPORATION.] The board shall
privatize the corporation through a sale of the assets or
ownership of the corporation, on or before December 31, 1993.
Subd. 2. [REQUESTS FOR PROPOSALS.] The board shall solicit
proposals to privatize the corporation under subdivision 1.
Subd. 3. [EVALUATION FACTORS.] Proposals shall be
evaluated according to, but not limited to, the following
factors:
(1) the ability of the proposed buyer to maintain the
mission and vision of the world trade center;
(2) the price offered by the proposed buyer for the assets
or ownership of the corporation;
(3) the extent to which the proposed buyer will assume any
liabilities and obligations of the corporation;
(4) the ability of the proposed buyer to provide the
capital needed for continuing development, promotion and
marketing of world trade center programs, services, and business
activities; and
(5) the ability of the proposed buyer to maintain and
expand employment in the state of Minnesota using the assets or
ownership purchased from the corporation.
Subd. 4. [EVALUATION METHODS.] The board, in conjunction
with the commissioner of the department of administration, shall
establish:
(1) the relative importance of each factor in subdivision
3; and
(2) other procedures to be used to review and evaluate
proposals.
Subd. 5. [DISTRIBUTION OF PROCEEDS.] The proceeds of the
sale must be applied in the following order:
(1) any liabilities and obligations of the corporation must
be paid, satisfied, or discharged or adequate provision must be
made to do so; and
(2) any remaining proceeds must be deposited in the general
fund.
Subd. 6. [APPROVAL.] A final agreement for sale under this
section is not effective until it has been approved by the board
of the World Trade Center Corporation and the commissioner of
administration.
Sec. 24. Minnesota Statutes 1991 Supplement, section
60A.14, subdivision 1, is amended to read:
Subdivision 1. [FEES OTHER THAN EXAMINATION FEES.] In
addition to the fees and charges provided for examinations, the
following fees must be paid to the commissioner for deposit in
the general fund:
(a) by township mutual fire insurance companies:
(1) for filing certificate of incorporation $25 and
amendments thereto, $10;
(2) for filing annual statements, $15;
(3) for each annual certificate of authority, $15;
(4) for filing bylaws $25 and amendments thereto, $10.
(b) by other domestic and foreign companies including
fraternals and reciprocal exchanges:
(1) for filing certified copy of certificate of articles of
incorporation, $100;
(2) for filing annual statement, $225;
(3) for filing certified copy of amendment to certificate
or articles of incorporation, $100;
(4) for filing bylaws, $75 or amendments thereto, $75;
(5) for each company's certificate of authority, $575,
annually.
(c) the following general fees apply:
(1) for each certificate, including certified copy of
certificate of authority, renewal, valuation of life policies,
corporate condition or qualification, $15 $25;
(2) for each copy of paper on file in the commissioner's
office 50 cents per page, and $2.50 for certifying the same;
(3) for license to procure insurance in unadmitted foreign
companies, $575;
(4) for receiving and forwarding each notice, proof of
loss, summons, complaint or other process served upon the
commissioner of commerce, as attorney for service of process
upon any nonresident agent or insurance company, including
reciprocal exchanges, $15 plus the cost of effectuating service
by certified mail, which amount must be paid by the party
serving the notice and may be taxed as other costs in the
action;
(5) for valuing the policies of life insurance companies,
one cent per $1,000 of insurance so valued, provided that the
fee shall not exceed $13,000 per year for any company. The
commissioner may, in lieu of a valuation of the policies of any
foreign life insurance company admitted, or applying for
admission, to do business in this state, accept a certificate of
valuation from the company's own actuary or from the
commissioner of insurance of the state or territory in which the
company is domiciled;
(6) for receiving and filing certificates of policies by
the company's actuary, or by the commissioner of insurance of
any other state or territory, $50;
(7) for issuing an initial license to an individual agent,
$25 $30 per license, for issuing an initial agent's license to a
partnership or corporation, $50 $100, and for issuing an
amendment (variable annuity) to a license, $25 $50, and for
renewal of amendment, $25;
(8) for each appointment of an agent filed with the
commissioner, a domestic insurer shall remit $5 and all other
insurers shall remit $3;
(9) for renewing an individual agent's license, $25 $30 per
year per license, and for renewing a license issued to a
corporation or partnership, $50 $60 per year;
(10) for issuing and renewing a surplus lines agent's
license, $150 $250;
(11) for issuing duplicate licenses, $5 $10;
(12) for issuing licensing histories, $10 $20;
(13) for filing forms and rates, $50 per filing;
(14) for annual renewal of surplus lines insurer license,
$300.
The commissioner shall adopt rules to define filings that
are subject to a fee.
Sec. 25. Minnesota Statutes 1990, section 60A.1701,
subdivision 5, is amended to read:
Subd. 5. [POWERS OF THE ADVISORY TASK FORCE.] (a)
Applications for approval of individuals responsible for
monitoring course offerings must be submitted to the
commissioner on forms prescribed by the commissioner and must be
accompanied by a fee of not more than $50 $100 payable to the
state of Minnesota for deposit in the general fund. A fee
of $5 $10 for each hour or fraction of one hour of course
approval sought must be forwarded with the application for
course approval. If the advisory task force is created, it
shall make recommendations to the commissioner regarding the
accreditation of courses sponsored by institutions, both public
and private, which satisfy the criteria established by this
section, the number of credit hours to be assigned to the
courses, and rules which may be promulgated by the
commissioner. The advisory task force shall seek out and
encourage the presentation of courses.
(b) If the advisory task force is created, it shall make
recommendations and provide subsequent evaluations to the
commissioner regarding procedures for reporting compliance with
the minimum education requirement.
(c) The advisory task force shall recommend the approval or
disapproval of professional designation examinations that meet
the criteria established by this section and the number of
continuing education credit hours to be awarded for passage of
the examination. In order to be approved, a professional
designation examination must:
(1) lead to a recognized insurance or financial planning
professional designation used by agents; and
(2) conclude with a written examination that is proctored
and graded.
Sec. 26. Minnesota Statutes 1990, section 72B.04,
subdivision 10, is amended to read:
Subd. 10. [FEES.] A fee of $20 $40 is imposed for each
initial license or temporary permit and $20 $25 for each renewal
thereof or amendment thereto. A fee of $20 is imposed for each
examination taken. A fee of $20 is imposed for the registration
of each nonlicensed adjuster who is required to register under
section 72B.06. All fees shall be transmitted to the
commissioner and shall be payable to the state treasurer. If a
fee is paid for an examination and if within one year from the
date of that payment no written request for a refund is received
by the commissioner or the examination for which the fee was
paid is not taken, the fee is forfeited to the state of
Minnesota.
Sec. 27. Minnesota Statutes 1990, section 80A.28,
subdivision 2, is amended to read:
Subd. 2. Every applicant for an initial or renewal license
shall pay a filing fee of $200 in the case of a broker-dealer,
$50 in the case of an agent, and $100 in the case of an
investment adviser. When an application is denied or withdrawn,
the filing fee shall be retained. A licensed agent who has
terminated employment with one broker-dealer shall, before
beginning employment with another broker-dealer, pay a transfer
fee of $20 $25.
Sec. 28. Minnesota Statutes 1990, section 82.21,
subdivision 1, is amended to read:
Subdivision 1. [AMOUNTS.] The following fees shall be paid
to the commissioner:
(a) A fee of $50 $100 for each initial individual broker's
license, and a fee of $25 $50 for each annual renewal thereof;
(b) A fee of $25 $50 for each initial salesperson's
license, and a fee of $10 $20 for each annual renewal thereof;
(c) A fee of $25 $55 for each initial real estate closing
agent license, and a fee of $10 $30 for each annual renewal;
(d) A fee of $50 $100 for each initial corporate or
partnership license, and a fee of $25 $50 for each annual
renewal thereof;
(e) A fee not to exceed $40 per year for payment to the
education, research and recovery fund in accordance with section
82.34;
(f) A fee of $10 $20 for each transfer;
(g) A fee of $25 $50 for a corporation or partnership name
change;
(h) A fee of $5 $10 for an agent name change;
(i) A fee of $10 $20 for a license history;
(j) A fee of $5 $10 for a duplicate license; and
(k) A fee of $50 for license reinstatement;
(l) A fee of $20 for reactivating a corporate or
partnership license without land;
(m) A fee of $100 for course coordinator approval; and
(n) A fee of $5 $10 for each hour or fraction of one hour
of course approval sought.
Sec. 29. Minnesota Statutes 1990, section 82B.09,
subdivision 1, is amended to read:
Subdivision 1. [AMOUNTS.] The following fees must be paid
to the commissioner:
(1) a fee of $50 $100 for each initial individual real
estate appraiser's license and a fee of $25 $50 for each annual
renewal;
(2) a fee of $5 $10 for a change in personal name or trade
name or personal address or business location;
(3) a fee of $10 for a license history; and
(4) a fee of $20 $25 for a duplicate license;
(5) a fee of $100 for appraiser course coordinator
approval; and
(6) a fee of $10 for each hour or fraction of one hour of
course approval sought.
Sec. 30. Minnesota Statutes 1990, section 138.56, is
amended by adding a subdivision to read:
Subd. 18. [DESIGNATION.] The former Sibley county
courthouse located on land owned by the city of Henderson in
Sibley county is designated as the Joseph R. Brown historical
interpretive center.
Sec. 31. Minnesota Statutes 1990, section 138.763,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] There is a St. Anthony Falls
heritage board consisting of ten thirteen members with the
director of the Minnesota historical society as chair. The
members include the mayor, the chairman of the Hennepin county
board of commissioners, two members each from the city council,
the Hennepin county board, and the park board, and one each from
the preservation commission, the preservation office, Hennepin
county historical society, and the society.
Sec. 32. Minnesota Statutes 1990, section 138.766, is
amended to read:
138.766 [MATCH.]
The city of Minneapolis, Hennepin county, and the park
board shall provide match in money or in kind for the project
under sections 138.761 to 138.765 on a dollar for dollar basis.
Sec. 33. Minnesota Statutes 1990, section 169.01,
subdivision 55, is amended to read:
Subd. 55. [IMPLEMENT OF HUSBANDRY.] (a) "Implement of
husbandry" means every vehicle designed and adapted exclusively
for agricultural, horticultural, or livestock-raising operations
or for lifting or carrying an implement of husbandry and in
either case not subject to registration if used upon the
highways.
(b) A towed vehicle meeting the description in paragraph
(a) is an implement of husbandry without regard to whether the
vehicle is towed by an implement of husbandry or by a registered
motor vehicle.
Sec. 34. Minnesota Statutes 1990, section 176.104,
subdivision 2, is amended to read:
Subd. 2. [LIABILITY FOR PAST REHABILITATION; LIEN.] (a) If
liability is determined after the employee has commenced
rehabilitation under this section the liable party is
responsible for the cost of rehabilitation provided. Future
rehabilitation after liability is established is governed by
section 176.102.
(b) If the employer, insurer, or defendant is given written
notice by the department of a claim for rehabilitation services
or disbursements, the claim is a lien against the amount paid or
payable as compensation.
Sec. 35. Minnesota Statutes 1990, section 176.104, is
amended by adding a subdivision to read:
Subd. 3. [REIMBURSEMENTS.] All money received under this
section must be credited to the special compensation fund.
Sec. 36. Minnesota Statutes 1990, section 176.104, is
amended by adding a subdivision to read:
Subd. 4. [VOCATIONAL REHABILITATION UNIT FUNDING.] The
cost of the vocational rehabilitation unit shall be financed by
the special compensation fund beginning July 1, 1992.
Sec. 37. Minnesota Statutes 1990, section 176.129,
subdivision 1, is amended to read:
Subdivision 1. [DEPOSIT OF FUNDS.] The special
compensation fund is created for the purposes provided for in
this chapter and chapter 182. The state treasurer is the
custodian of the special compensation fund. Sums paid to the
commissioner pursuant to this section shall be deposited with
the state treasurer for the benefit of the fund and used to pay
the benefits under this chapter and administrative costs
pursuant to subdivision 11. Any interest or profit accruing
from investment of these sums shall be credited to the special
compensation fund. Subject to the provisions of this section,
all the powers, duties, functions, obligations, and rights
vested in the special compensation fund immediately prior to
January 1, 1984 are transferred to and vested in the special
compensation fund recreated by this section. All rights and
obligations of employers with regard to the special compensation
fund which existed immediately prior to January 1, 1984,
continue, subject to the provisions of this section.
Sec. 38. Minnesota Statutes 1990, section 176.129,
subdivision 11, is amended to read:
Subd. 11. [ADMINISTRATIVE PROVISIONS.] The accounting,
investigation, and legal costs necessary for the administration
of the programs financed by the special compensation fund shall
be paid from the fund during each biennium commencing July 1,
1981. Staffing and expenditures related to the administration
of the special compensation fund shall be approved through the
regular budget and appropriations process. All sums recovered
by the special compensation fund as a result of action under
section 176.061, or recoveries of payments made by the special
compensation fund under section 176.183 or 176.191, or sums
recovered under chapter 182, shall be credited to the special
compensation fund.
Sec. 39. Minnesota Statutes 1990, section 176.183,
subdivision 1, is amended to read:
Subdivision 1. When any employee sustains an injury
arising out of and in the course of employment while in the
employ of an employer, other than the state or its political
subdivisions, not insured or self-insured as provided for in
this chapter, the employee or the employee's dependents shall
nevertheless receive benefits as provided for in this chapter
from the special compensation fund, and the commissioner has a
cause of action against the employer for reimbursement for all
moneys paid out or to be paid out, and, in the discretion of the
court, as punitive damages an additional amount not exceeding 50
percent of all moneys paid out or to be paid out. As used in
this subdivision, "employer" includes officers of corporations
who have legal control, either individually or jointly with
another or others, of the payment of wages. An action to
recover the moneys shall be instituted unless the commissioner
determines that no recovery is possible. All moneys recovered
shall be deposited in the general fund. There shall be no
payment from the special compensation fund if there is liability
for the injury under the provisions of section 176.215, by an
insurer or self-insurer.
Sec. 40. Minnesota Statutes 1991 Supplement, section
182.666, subdivision 2, is amended to read:
Subd. 2. Any employer who has received a citation for a
serious violation of its duties under section 182.653, or any
standard, rule, or order adopted under the authority of the
commissioner as provided in this chapter, shall be assessed a
fine not to exceed $7,000 for each violation. If the violation
causes or contributes to the cause of the death of an employee,
the employer shall be assessed a fine of up to $10,000 $25,000.
Sec. 41. Minnesota Statutes 1990, section 182.666,
subdivision 7, is amended to read:
Subd. 7. Fines imposed under this chapter shall be paid to
the commissioner for deposit in the general special compensation
fund and may be recovered in a civil action in the name of the
department brought in the district court of the county where the
violation is alleged to have occurred or the district court
where the commissioner has an office. Unpaid fines shall be
increased to 125 percent of the original assessed amount if not
paid within 60 days after the fine becomes a final order. After
that 60 days, unpaid fines shall accrue an additional penalty of
ten percent per month compounded monthly until the fine is paid
in full.
Sec. 42. Minnesota Statutes 1990, section 204B.11,
subdivision 1, is amended to read:
Subdivision 1. [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.]
Except as provided by subdivision 2, a filing fee shall be paid
by each candidate who files an affidavit of candidacy. The fee
shall be paid at the time the affidavit is filed. The amount of
the filing fee shall vary with the office sought as follows:
(a) for the office of governor, lieutenant governor,
attorney general, state auditor, state treasurer, secretary of
state, representative in congress, judge of the supreme court,
judge of the court of appeals, judge of the district court, or
judge of the county municipal court of Hennepin
county, $200 $300;
(b) for the office of senator in congress, $300 $400;
(c) for office of senator or representative in the
legislature, $75 $100;
(d) for a county office, $50; and
(e) for the office of soil and water conservation district
supervisor, $20.
For the office of presidential elector, and for those
offices for which no compensation is provided, no filing fee is
required.
The filing fees received by the county auditor shall
immediately be paid to the county treasurer. The filing fees
received by the secretary of state shall immediately be paid to
the state treasurer.
When an affidavit of candidacy has been filed with the
appropriate filing officer and the requisite filing fee has been
paid, the filing fee shall not be refunded. If a candidate's
filing fee is paid with a check, draft, or similar negotiable
instrument for which sufficient funds are not available or that
is dishonored, notice to the candidate of the worthless
instrument must be sent by the filing officer via registered
mail no later than immediately upon the closing of the filing
deadline with return receipt requested. The candidate will have
five days from the time the filing officer receives proof of
receipt to issue a check or other instrument for which
sufficient funds are available. The candidate issuing the
worthless instrument is liable for a service charge pursuant to
section 332.50. If adequate payment is not made, the name of
the candidate must not appear on any official ballot and the
candidate is liable for all costs incurred by election officials
in removing the name from the ballot.
Sec. 43. Minnesota Statutes 1990, section 204B.27,
subdivision 2, is amended to read:
Subd. 2. [ELECTION LAW AND INSTRUCTIONS.] The secretary of
state shall prepare and publish a volume containing all state
general laws relating to elections. The attorney general shall
provide annotations to the secretary of state for this volume.
On or before July 1 of every even numbered year the secretary of
state shall furnish to the county auditors and municipal clerks
enough copies of this volume so that each county auditor and
municipal clerk will have at least one copy. The secretary of
state shall prepare an extract of this volume containing all the
election laws related to the duties of election judges. On or
before August 1 of every even-numbered year, the secretary of
state shall furnish to the county auditors and municipal clerks
enough copies of this extract so that each election precinct
will have at least one copy. The secretary of state shall
determine the manner in which the volume and extract are
distributed. The secretary of state may prepare and transmit to
the county auditors and municipal clerks detailed written
instructions for complying with election laws relating to the
conduct of elections, conduct of voter registration and voting
procedures.
Sec. 44. Minnesota Statutes 1990, section 204D.11,
subdivision 1, is amended to read:
Subdivision 1. [WHITE BALLOT; RULES; REIMBURSEMENT.] The
names of the candidates for all partisan offices voted on at the
state general election shall be placed on a single ballot
printed on white paper which shall be known as the "white
ballot." This ballot shall be prepared by the county auditor
subject to the rules of the secretary of state. The state shall
contribute to the cost of preparing the white ballot and the
envelopes required for the returns of that ballot. The
secretary of state shall adopt rules for preparation and time of
delivery of the white ballot and for establishing a basis for
distributing to the counties the money appropriated by the state
for white ballot costs. The appropriation shall be available
both years of the biennium and shall be used for all state
general and special elections. The secretary of state shall
report to the chairs of the senate finance and house
appropriations committees on all money used for special
elections.
Sec. 45. Minnesota Statutes 1990, section 204D.11,
subdivision 2, is amended to read:
Subd. 2. [PINK BALLOTS.] Amendments to the state
constitution shall be placed on a ballot printed on pink paper
which shall be known as the "pink ballot." The pink ballot
shall be prepared by the secretary of state.
Sec. 46. Minnesota Statutes 1991 Supplement, section
240.13, subdivision 5, is amended to read:
Subd. 5. [PURSES.] (a) From the amounts deducted from all
pari-mutuel pools by a licensee, an amount equal to not less
than the following percentages of all money in all pools must be
set aside by the licensee and used for purses for races
conducted by the licensee, provided that a licensee may agree by
contract with an organization representing a majority of the
horsepersons racing the breed involved to set aside amounts in
addition to the following percentages:
(1) for live races conducted at a class A facility, and for
races that are part of full racing card simulcasting or full
racing card telerace simulcasting that takes place within the
time period of the live races, 8.4 percent;
(2) for simulcasts and telerace simulcasts conducted during
the racing season other than as provided for in clause (1), 50
percent of the takeout remaining after deduction for taxes on
pari-mutuel pools, payment to the breeders fund, and payment to
the sending out-of-state racetrack for receipt of the signal;
and
(3) for simulcasts and telerace simulcasts conducted
outside of the racing season, 25 percent of the takeout
remaining after deduction for the state pari-mutuel tax, payment
to the breeders fund, payment to the sending out-of-state
racetrack for receipt of the signal and, before January 1, 2005,
a further deduction of eight percent of all money in all pools;
provided, however, that in the event that wagering on simulcasts
and telerace simulcasts outside of the racing season exceeds
$125 million in any calendar year, the amount set aside for
purses by this formula is increased to 30 percent on amounts
between $125,000,000 and $150,000,000 wagered; 40 percent on
amounts between $150,000,000 and $175,000,000 wagered; and 50
percent on amounts in excess of $175,000,000 wagered. In lieu
of the eight percent deduction, a deduction as agreed to between
the licensee and the horsepersons' organization representing the
majority of horsepersons racing at the licensee's class A
facility during the preceding 12 months, is allowed after
December 31, 2004.
The commission may by rule provide for the administration
and enforcement of this subdivision. The deductions for payment
to the sending out-of-state racetrack must be actual, except
that when there exists any overlap of ownership, control, or
interest between the sending out-of-state racetrack and the
receiving licensee, the deduction must not be greater than three
percent unless agreed to between the licensee and the
horsepersons' organization representing the majority of
horsepersons racing the breed racing the majority of races
during the existing racing meeting or, if outside of the racing
season, during the most recent racing meeting.
In lieu of the amount the licensee must pay to the
commission for deposit in the Minnesota breeders fund under
section 240.15, subdivision 1, the licensee shall pay 5-1/2
percent of the takeout from all pari-mutuel pools generated by
wagering at the licensee's facility on full racing card
simulcasts and full racing card telerace simulcasts of races not
conducted in this state.
(b) From the money set aside for purses, the licensee shall
pay to the horseperson's organization representing the majority
of the horsepersons racing the breed involved and contracting
with the licensee with respect to purses and the conduct of the
racing meetings and providing representation, benevolent
programs, benefits, and services for horsepersons and their
on-track employees, an amount, sufficient to perform these
services, as may be determined by agreement by the licensee and
the horseperson's organization. The amount paid may be deducted
only from the money set aside for purses to be paid in races for
the breed represented by the horseperson's organization. With
respect to racing meetings where more than one breed is racing,
the licensee may contract independently with the horseperson's
organization representing each breed racing.
(c) Notwithstanding sections 325D.49 to 325D.66, a
horseperson's organization representing the majority of the
horsepersons racing a breed at a meeting, and the members
thereof, may agree to withhold horses during a meeting.
(d) Money set aside for purses from wagering, during the
racing season, on simulcasts and telerace simulcasts must be
used for purses for live races conducted at the licensee's class
A facility during the same racing season, over and above the 8.4
percent purse requirement or any higher requirement to which the
parties agree, for races conducted in this state. Money set
aside for purses from wagering, outside of the racing season, on
simulcasts and telerace simulcasts must be for purses for live
races conducted at the licensee's class A facility during the
next racing season, over and above the 8.4 percent purse
requirement or any higher requirement to which the parties
agree, for races conducted in this state.
(e) Money set aside for purses from wagering on simulcasts
and telerace simulcasts must be used for purses for live races
involving the same breed involved in the simulcast or telerace
simulcast except that money set aside for purses and payments to
the breeders fund from wagering on full racing card simulcasts
and full racing card telerace simulcasts of races not conducted
in this state, occurring during a live mixed meet, must be
allotted to the purses and breeders fund for each breed
participating in the mixed meet in the same proportion that the
number of live races run by each breed bears to the total number
of live races conducted during the period of the mixed meet.
(f) The allocation of money set aside for purses to
particular racing meets may be adjusted, relative to
overpayments and underpayments, by contract between the licensee
and the horsepersons' organization representing the majority of
horsepersons racing the breed involved at the licensee's
facility.
(g) Subject to the provisions of this chapter, money set
aside from pari-mutuel pools for purses must be for the breed
involved in the race that generated the pool, except that if the
breed involved in the race generating the pari-mutuel pool is
not racing in the current racing meeting, or has not raced
within the preceding 12 months at the licensee's class A
facility, money set aside for purses must may be distributed
proportionately to those breeds that have run during the
preceding 12 months or paid to the commission and used for
purses or to promote racing for the breed involved in the race
generating the pari-mutuel pool, or both, in a manner prescribed
by the commission.
Sec. 47. Minnesota Statutes 1991 Supplement, section
240.13, subdivision 6, is amended to read:
Subd. 6. [SIMULCASTING.] The commission may permit an
authorized licensee to conduct simulcasting or telerace
simulcasting at the licensee's facility on any day authorized by
the commission. All simulcasts and telerace simulcasts must
comply with the Interstate Horse Racing Act of 1978, United
States Code, title 15, sections 3001 to 3007. In addition to
teleracing programs featuring live racing conducted at the
licensee's class A facility, the class E licensee may conduct
not more than seven teleracing programs per week during the
racing season, unless additional telerace simulcasting is
authorized by the director and approved by the horsepersons'
organization representing the majority of horsepersons racing
the breed racing the majority of races at the licensee's class A
facility during the preceding 12 months. The commission may not
authorize any day for simulcasting at a class A facility during
the racing season, and a licensee may not be allowed to transmit
out-of-state telecasts of races the licensee conducts, unless
the licensee has obtained the approval of the horsepersons'
organization representing the majority of the horsepersons
racing the breed involved at the licensed racetrack during the
preceding 12 months. The licensee may pay fees and costs to an
entity transmitting a telecast of a race to the licensee for
purposes of conducting pari-mutuel wagering on the race. The
licensee may deduct fees and costs related to the receipt of
televised transmissions from a pari-mutuel pool on the televised
race, provided that one-half of any amount recouped in this
manner must be added to the amounts required to be set aside for
purses.
With the approval of the commission and subject to the
provisions of this subdivision, a licensee may transmit
telecasts of races it conducts, for wagering purposes, to
locations outside the state, and the commission may allow this
to be done on a commingled pool basis.
Except as otherwise provided in this section, simulcasting
and telerace simulcasting may be conducted on a separate pool
basis or, with the approval of the commission, on a commingled
pool basis. All provisions of law governing pari-mutuel betting
apply to simulcasting and telerace simulcasting except as
otherwise provided in this subdivision or in the commission's
rules. If pools are commingled, wagering at the licensed
facility must be on equipment electronically linked with the
equipment at the licensee's class A facility or with the sending
racetrack via the totalizator computer at the licensee's class A
facility. Subject to the approval of the commission, the types
of betting, takeout, and distribution of winnings on commingled
pari-mutuel pools are those in effect at the sending racetrack.
Breakage for pari-mutuel pools on a televised race must be
calculated in accordance with the law or rules governing the
sending racetrack for these pools, and must be distributed in a
manner agreed to between the licensee and the sending
racetrack. Notwithstanding subdivision 7 and section 240.15,
subdivision 5, the commission may approve procedures governing
the definition and disposition of unclaimed tickets that are
consistent with the law and rules governing unclaimed tickets at
the sending racetrack. For the purposes of this section,
"sending racetrack" is either the racetrack outside of this
state where the horse race is conducted or, with the consent of
the racetrack, an alternative facility that serves as the
racetrack for the purpose of commingling pools.
If there is more than one class B licensee conducting
racing within the seven-county metropolitan area, simulcasting
and telerace simulcasting may be conducted only on races run by
a breed that ran at the licensee's class A facility within the
12 months preceding the event. That portion of the takeout
allocated for purses from pari-mutuel pools generated by
wagering on standardbreds must be set aside and must be paid to
the racing commission and used for purses as otherwise provided
by this section or to promote standardbred racing or both, in a
manner prescribed by the commission. In the event that a
licensee conducts live standardbred racing, pools generated by
live, simulcast, or telerace simulcasting at the licensee's
facilities on standardbred racing are subject to the purse
set-aside requirements otherwise provided by law.
Contractual agreements between licensees and horsepersons'
organizations entered into before June 5, 1991, regarding money
to be set aside for purses from pools generated by simulcasts at
a class A facility, are controlling regarding purse requirements
through the end of the 1992 racing season.
Sec. 48. Minnesota Statutes 1990, section 240.14,
subdivision 3, is amended to read:
Subd. 3. [COUNTY FAIR RACING DAYS.] The commission may
assign to a class D licensee the following racing days:
(1) those racing days, not to exceed ten racing days, that
coincide with the days on which the licensee's county fair is
running; and
(2) additional racing days, not to exceed ten racing days,
immediately before or after the days on which the licensee's
county fair is running.
In no event shall the number of racing days assigned by the
commission exceed 20 days.
The commission may not assign any days before July 1, 1989,
as racing days to a class D licensee.
Sec. 49. Minnesota Statutes 1991 Supplement, section
240.15, subdivision 6, is amended to read:
Subd. 6. [DISPOSITION OF PROCEEDS.] The commission shall
distribute all money received under this section, and all money
received from license fees and fines it collects, as follows:
all money designated for deposit in the Minnesota breeders fund
must be paid into that fund for distribution under section
240.18 except that all money generated by full racing card
simulcasts, or full racing card telerace simulcasts of races not
conducted in this state, must be distributed as provided in
section 240.18, clause (2), paragraphs (a), (b), and
(c) subdivisions 2, paragraph (d), clauses (1), (2), and (3);
and 3. Revenue from an admissions tax imposed under subdivision
1 must be paid to the local unit of government at whose request
it was imposed, at times and in a manner the commission
determines. All other revenues received under this section by
the commission, and all license fees, fines, and other revenue
it receives, must be paid to the state treasurer for deposit in
the general fund.
Sec. 50. Minnesota Statutes 1991 Supplement, section
240.18, is amended by adding a subdivision to read:
Subd. 3a. [OTHER CATEGORIES.] Available money apportioned
to breeds other than breeds contained in subdivisions 2 and 3
must be distributed as financial incentives to encourage horse
racing and horse breeding for such breeds.
Sec. 51. Minnesota Statutes 1990, section 298.221, is
amended to read:
298.221 [RECEIPTS FROM CONTRACTS; APPROPRIATION.]
(a) All moneys paid to the state of Minnesota pursuant to
the terms of any contract entered into by the state under
authority of Laws 1941, chapter 544, section 4, or of said
section as amended and any fees which may, in the discretion of
the commissioner of iron range resources and rehabilitation, be
charged in connection with any project pursuant to that section
as amended, shall be deposited in the state treasury to the
credit of the iron range resources and rehabilitation board
account in the special revenue fund and are hereby appropriated
for the purposes of section 298.22.
(b) Notwithstanding section 7.09, merchandise may be
accepted by the commissioner of the iron range resources and
rehabilitation board for payment of advertising contracts if the
commissioner determines that the merchandise can be used for
special event prizes or mementos at facilities operated by the
board. Nothing in this paragraph authorizes the commissioner or
a member of the board to receive merchandise for personal use.
Sec. 52. Minnesota Statutes 1990, section 299E.01,
subdivision 1, is amended to read:
Subdivision 1. A division in the department of public
safety to be known as the capitol complex security division is
hereby created, under the supervision and control of the
director of capitol complex security, who must be a member of
the state patrol and to whom shall be are assigned the duties
and responsibilities described in this section. The
commissioner may place the director's position in the
unclassified service if the position meets the criteria of
section 43A.08, subdivision 1a.
Sec. 53. Minnesota Statutes 1990, section 340A.301,
subdivision 6, is amended to read:
Subd. 6. [FEES.] The annual fees for licenses under this
section are as follows:
(a) Manufacturers (except as provided
in clauses (b) and (c)) $ 7,500 15,000
Duplicates $ 3,000
(b) Manufacturers of wines of not more
than 25 percent alcohol by volume $ 500
(c) Brewers other than those described
in clause (d) $ 1,250 2,500
(d) Brewers who also hold a retail on-sale
license and who manufacture fewer than
2,000 barrels of malt liquor in a year,
the entire production of which is solely
for consumption on tap on the licensed
premises $ 250 500
(e) Wholesalers (except as provided in
clauses (f), (g), and (h)) $ 7,500 15,000
Duplicates $ 3,000
(f) Wholesalers of wines of not more
than 25 percent alcohol by volume $ 750 2,000
(g) Wholesalers of intoxicating
malt liquor $ 300 600
Duplicates $ 15 25
(h) Wholesalers of nonintoxicating
malt liquor $ 10
If a business licensed under this section is destroyed, or
damaged to the extent that it cannot be carried on, or if it
ceases because of the death or illness of the licensee, the
commissioner may refund the license fee for the balance of the
license period to the licensee or to the licensee's estate.
Sec. 54. Minnesota Statutes 1990, section 340A.302,
subdivision 3, is amended to read:
Subd. 3. [FEES.] Annual fees for licenses under this
section are as follows:
Importers of distilled spirits, wine,
or ethyl alcohol $300 420
Importers of malt liquor $200 800
Sec. 55. Minnesota Statutes 1991 Supplement, section
340A.311, is amended to read:
340A.311 [BRAND REGISTRATION.]
(a) A brand of intoxicating liquor or nonintoxicating malt
liquor may not be manufactured, imported into, or sold in the
state unless the brand label has been registered with and
approved by the commissioner. A brand registration must be
renewed every three years in order to remain in effect. The fee
for an initial brand registration is $20 $30. The fee for brand
registration renewal is $20. The brand label of a brand of
intoxicating liquor or nonintoxicating malt liquor for which the
brand registration has expired, is conclusively deemed abandoned
by the manufacturer or importer.
(b) In this section "brand" and "brand label" include
trademarks and designs used in connection with labels.
(c) The label of any brand of wine or intoxicating or
nonintoxicating malt beverage may be registered only by the
brand owner or authorized agent. No such brand may be imported
into the state for sale without the consent of the brand owner
or authorized agent. This section does not limit the provisions
of section 340A.307.
Sec. 56. Minnesota Statutes 1990, section 340A.315,
subdivision 1, is amended to read:
Subdivision 1. [LICENSES.] The commissioner may issue a
farm winery license to the owner or operator of a farm winery
located within the state and producing table or sparkling
wines. Licenses may be issued and renewed for an annual fee of
$25 $50, which is in lieu of all other license fees required by
this chapter.
Sec. 57. Minnesota Statutes 1991 Supplement, section
340A.316, is amended to read:
340A.316 [SACRAMENTAL WINE.]
The commissioner may issue licenses for the importation and
sale of wine exclusively for sacramental purposes. The holder
of a sacramental wine license may sell wine only to a rabbi,
priest, or minister of a church, or other established religious
organization, or individual members of a religious organization
who conduct ceremonies in their homes, if the purchaser
certifies in writing that the wine will be used exclusively for
sacramental purposes in religious ceremonies. The annual fee
for a sacramental wine license is $25 $50.
A rabbi, priest, or minister of a church or other
established religious organization may import wine exclusively
for sacramental purposes without a license.
Sec. 58. Minnesota Statutes 1990, section 340A.317,
subdivision 2, is amended to read:
Subd. 2. [LICENSE REQUIRED.] All brokers and their
employees must obtain a license from the commissioner. The
annual license fee for a broker is $300 $600, for an employee of
a broker the license fee is $12 $20. An application for a
broker's license must be accompanied by a written statement from
the distillery, winery, or importer the applicant proposes to
represent verifying the applicant's contractual arrangement, and
must contain a statement that the distillery, winery, or
importer is responsible for the actions of the broker. The
license shall be issued for one year. The broker, or employee
of the broker may promote a vendor's product and may call upon
licensed retailers to insure product identification, give
advance notice of new products or product changes, and share
other pertinent market information. The commissioner may revoke
or suspend for up to 60 days a broker's license or the license
of an employee of a broker if the broker or employee has
violated any provision of this chapter, or a rule of the
commissioner relating to alcoholic beverages. The commissioner
may suspend for up to 60 days, the importation license of a
distillery or winery on a finding by the commissioner that its
broker or employee of its broker has violated any provision of
this chapter, or rule of the commissioner relating to alcoholic
beverages.
Sec. 59. Minnesota Statutes 1990, section 340A.408,
subdivision 4, is amended to read:
Subd. 4. [LAKE SUPERIOR TOUR BOATS; COMMON CARRIERS.] (a)
The annual license fee for licensing of Lake Superior tour boats
under section 340A.404, subdivision 8, shall be $1,000.
(b) The annual license fee for common carriers licensed
under section 340A.407 is:
(1) $25 $50 for nonintoxicating malt liquor, and $2 $20 for
a duplicate license; and
(2) $100 $200 for intoxicating liquor, and $10 $20 for a
duplicate license.
Sec. 60. Minnesota Statutes 1991 Supplement, section
340A.504, subdivision 3, is amended to read:
Subd. 3. [INTOXICATING LIQUOR; SUNDAY SALES; ON-SALE.] (a)
A restaurant, club, bowling center, or hotel with a seating
capacity for at least 30 persons and which holds an on-sale
intoxicating liquor license may sell intoxicating liquor for
consumption on the premises in conjunction with the sale of food
between the hours of 12:00 noon on Sundays and 1:00 a.m. on
Mondays.
(b) The governing body of a municipality may after one
public hearing by ordinance permit a restaurant, hotel, bowling
center, or club to sell intoxicating liquor for consumption on
the premises in conjunction with the sale of food between the
hours of 10:00 a.m. on Sundays and 1:00 a.m. on Mondays,
provided that the licensee is in conformance with the Minnesota
clean air act.
(c) An establishment serving intoxicating liquor on Sundays
must obtain a Sunday license. The license must be issued by the
governing body of the municipality for a period of one year, and
the fee for the license may not exceed $200.
(d) A city may issue a Sunday intoxicating liquor license
only if authorized to do so by the voters of the city voting on
the question at a general or special election. A county may
issue a Sunday intoxicating liquor license in a town only if
authorized to do so by the voters of the town as provided in
paragraph (e). A county may issue a Sunday intoxicating liquor
license in unorganized territory only if authorized to do so by
the voters of the election precinct that contains the licensed
premises, voting on the question at a general or special
election.
(e) An election conducted in a town on the question of the
issuance by the county of Sunday sales licenses to
establishments located in the town must be held on the day of
the annual election of town officers.
(f) Voter approval is not required for licenses issued by
the metropolitan airports commission or common carrier licenses
issued by the commissioner. Common carriers serving
intoxicating liquor on Sunday must obtain a Sunday license from
the commissioner at an annual fee of $50, plus $5 $20 for each
duplicate.
Sec. 61. Minnesota Statutes 1990, section 345.32, is
amended to read:
345.32 [PROPERTY HELD BY BANKING OR FINANCIAL ORGANIZATIONS
OR BY BUSINESS ASSOCIATIONS.]
The following property held or owing by a banking or
financial organization or by a business association is presumed
abandoned:
(a) Any demand, savings or matured time deposit made in
this state with a banking organization, together with any
interest or dividend thereon, excluding contracted service
charges which may be deducted for a period not to exceed one
year, unless the owner has, within five three years:
(1) increased or decreased the amount of the deposit, or
presented the passbook or other similar evidence of the deposit
for the crediting of interest; or
(2) corresponded in writing with the banking organization
concerning the deposit; or
(3) otherwise indicated an interest in the deposit as
evidenced by a memorandum on file with the banking organization;
or
(4) received tax reports or regular statements of the
deposit by mail from the banking or financial organization
regarding the deposit. Receipt of the statement by the owner
should be presumed if the statement is mailed first class by the
banking or financial organization and not returned; or
(5) acted as provided in paragraphs (1), (2), (3) and (4)
of this subsection in regard to another demand, savings or time
deposit made with the banking or financial organization.
(b) Any funds or dividends deposited or paid in this state
toward the purchase of shares or other interest in a business
association where the stock certificates or other evidence of
interest in the business have not been issued, or in a financial
organization, and any interest or dividends thereon, excluding
contracted service charges which may be deducted for a period
not to exceed one year, unless the owner has within five three
years:
(1) increased or decreased the amount of the funds or
deposit, or presented an appropriate record for the crediting of
interest or dividends; or
(2) corresponded in writing with the financial organization
concerning the funds or deposit; or
(3) otherwise indicated an interest in the funds or deposit
as evidenced by a memorandum on file with the financial
organization; or
(4) received tax reports or regular statements of the
deposit or accounting by mail from the financial organization or
business association regarding the deposit. Receipt of the
statement by the owner should be presumed if the statement is
mailed first class by the financial organization or business
association and not returned.
(c) Any sum, excluding contracted service charges which may
be deducted for a period not to exceed one year, payable on
checks certified in this state or on written instruments issued
in this state, or issued in any other state the law in which for
any reason does not apply to the abandonment of sums payable on
checks certified in that state or written instruments issued in
that state, on which a banking or financial organization or
business association is directly liable, including, by way of
illustration but not of limitation, drafts, money orders and
traveler's checks, that has been outstanding for more than five
three years from the date it was payable, or from the date of
its issuance if payable on demand, or, in the case of traveler's
checks, has been outstanding for more than 15 years from the
date of its issuance, or, in the case of money orders, has been
outstanding for more than seven years from the date of its
issuance, unless the owner has within five three years, or
within 15 years in the case of traveler's checks, or within
seven years in the case of money orders, corresponded in writing
with the banking or financial organization or business
association concerning it, or otherwise indicated an interest as
evidenced by a memorandum on file with the banking or financial
organization or business association.
(d) Any funds or other personal property, tangible or
intangible, removed from a safe deposit box or any other
safekeeping repository in this state on which the lease or
rental period has expired due to nonpayment of rental charges or
other reason, that have been unclaimed by the owner for more
than five years from the date on which the lease or rental
period expired.
(1) If the amount due for the use or rental of a safe
deposit box has remained unpaid for a period of six months, the
bank, savings bank, trust company, savings and loan, or safe
deposit company shall, within 60 days of the expiration of that
period, send by certified mail, addressed to the renter or
lessee of the safe deposit box, directed to the address standing
on its books, a written notice that, if the amount due for the
use or rental of the safe deposit box is not paid within 60 days
after the date of the mailing of the notice, it will cause the
safe deposit box to be opened and its contents placed in one of
its general safe deposit boxes.
(2) Upon the expiration of 60 days from the date of mailing
the notice, and in default of payment within the 60 days of the
amount due for the use or rental of the safe deposit box, the
bank, savings bank, trust company, savings and loan, or safe
deposit company, in the presence of its president,
vice-president, secretary, treasurer, assistant secretary,
assistant treasurer or superintendent, or such other person as
specifically designated by its board of directors, and of a
notary public not in its employ, shall cause the safe deposit
box to be opened and the contents thereof, to be removed and
sealed by the notary public in a package, in which the notary
public shall enclose a detailed description of the contents of
the safe deposit box and upon which the notary public shall mark
the name of the renter or lessee and, in the presence of one of
the bank officers listed above, the notary public shall place
the package in one of the bank's general safe deposit boxes and
set out the proceedings in a certificate under the notary
public's official seal, which shall be delivered to the bank,
savings bank, trust company, savings and loan, or safe deposit
company.
(3) The bank, savings bank, trust company, savings and
loan, or safe deposit company shall hold the contents of
abandoned safe deposit boxes until they are claimed by the owner
or the bank turns them over to the commissioner pursuant to this
chapter.
Sec. 62. Minnesota Statutes 1990, section 345.33, is
amended to read:
345.33 [UNCLAIMED FUNDS HELD BY LIFE INSURANCE
CORPORATIONS.]
(a) Unclaimed funds, as defined in this section, held and
owing by a life insurance corporation shall be presumed
abandoned if the last known address, according to the records of
the corporation, of the person entitled to the funds is within
this state. If a person other than the insured or annuitant is
entitled to the funds and no address of such person is known to
the corporation or if it is not definite and certain from the
records of the corporation what person is entitled to the funds,
it is presumed that the last known address of the person
entitled to the funds is the same as the last known address of
the insured or annuitant according to the records of the
corporation.
(b) "Unclaimed funds," as used in this section, means all
moneys held and owing by any life insurance corporation
unclaimed and unpaid for more than five three years after the
moneys became due and payable as established from the records of
the corporation under any life or endowment insurance policy or
annuity contract which has matured. A life insurance policy not
matured by actual proof of the death of the insured is deemed to
be matured and the proceeds thereof are deemed to be due and
payable if such policy was in force when the insured attained
the limiting age under the mortality table on which the reserve
is based, unless the person appearing entitled thereto has
within the preceding five three years, (1) assigned, readjusted
or paid premiums on the policy, or subjected the policy to loan,
or (2) corresponded in writing with the life insurance
corporation concerning the policy. Moneys or drafts otherwise
payable according to the records of the corporation are deemed
due and payable although the policy or contract has not been
surrendered as required.
Sec. 63. Minnesota Statutes 1990, section 345.34, is
amended to read:
345.34 [DEPOSITS HELD BY UTILITIES.]
Any deposit held or owing by any utility made by a
subscriber after January 1, 1960, to secure payment for, or any
sum paid in advance for, utility services to be furnished in
this state, excluding any charges that may lawfully be withheld,
that has remained unclaimed by the person appearing on the
records of the utility entitled thereto for more than one year
after the termination of the services for which the deposit or
advance payment was made is presumed abandoned.
Sec. 64. Minnesota Statutes 1990, section 345.35, is
amended to read:
345.35 [STOCK AND OTHER INTANGIBLE INTERESTS IN BUSINESS
ASSOCIATIONS.]
(a) Except as provided in paragraphs (b) and (e), stock or
other intangible ownership interest in a business association,
the existence of which is evidenced by records available to the
association, is presumed abandoned and, with respect to the
interest, the association is the holder, if a dividend
distribution or other sum payable as a result of the interest
has remained unclaimed by the owner for seven three years and
the owner within seven three years has not:
(1) communicated in writing with the association regarding
the interest or a dividend, distribution, or other sum payable
as a result of the interest; or
(2) otherwise communicated with the association regarding
the interest or a dividend, distribution, or other sum payable
as a result of the interest, as evidenced by a memorandum or
other record on file with the association prepared by an
employee of the association.
(b) At the expiration of a seven-year three-year period
following the failure of the owner to claim a dividend,
distribution, or other sum payable to the owner as a result of
the interest, the interest is not presumed abandoned unless
there have been at least seven three dividends, distributions,
or other sums paid during the period, none of which has been
claimed by the owner. If seven three dividends, distributions,
or other sums are paid during the seven-year three-year period,
the period leading to a presumption of abandonment commences on
the date payment of the first such unclaimed dividend,
distribution, or other sum became due and payable. If seven
three dividends, distributions, or other sums are not paid
during the presumptive period, the period continues to run until
there have been seven three dividends, distributions, or other
sums that have not been claimed by the owner.
(c) The running of the seven-year three-year period of
abandonment ceases immediately upon the occurrence of a
communication referred to in paragraph (a). If any future
dividend, distribution, or other sum payable to the owner as a
result of the interest is subsequently not claimed by the owner,
a new period of abandonment commences and relates back to the
time a subsequent dividend, distribution, or other sum became
due and payable.
(d) At the time an interest is presumed abandoned under
this section, any dividend, distribution, or other sum then held
for or owing to the owner as a result of the interest, and not
previously presumed abandoned, is presumed abandoned.
(e) This section does not apply to any stock or other
intangible ownership interest enrolled in a plan that provides
for the automatic reinvestment of dividends, distributions, or
other sums payable as a result of the interest unless the
records available to the administrator of the plan show, with
respect to any intangible ownership interest not enrolled in the
reinvestment plan, that the owner has not within seven three
years communicated in any manner described in paragraph (a).
(f) For purposes of this section, stock or other intangible
ownership interest in a business association is presumed
abandoned if:
(1) it is held or owing by a business association organized
under the laws of or created in this state; or
(2) it is held or owing by a business association doing
business in this state, but not organized under the laws of or
created in this state, and the records of the business
association indicate that the last known address of the person
entitled thereto is in this state.
Sec. 65. Minnesota Statutes 1990, section 345.36, is
amended to read:
345.36 [PROPERTY OF BUSINESS ASSOCIATIONS AND BANKING OR
FINANCIAL ORGANIZATIONS HELD IN COURSE OF DISSOLUTION.]
All intangible personal property distributable in the
course of a voluntary dissolution of a business association,
banking organization or financial organization organized under
the laws of or created in this state, that is unclaimed by the
owner within two years six months after the date for final
distribution, is presumed abandoned.
Sec. 66. Minnesota Statutes 1990, section 345.37, is
amended to read:
345.37 [PROPERTY HELD BY FIDUCIARIES.]
All intangible personal property and any income or
increment thereon, held in a fiduciary capacity for the benefit
of another person is presumed abandoned unless the owner has,
within five three years after it becomes payable or
distributable, increased or decreased the principal, accepted
payment of principal or income, corresponded in writing
concerning the property, or otherwise indicated an interest as
evidenced by a memorandum on file with the fiduciary if:
(a) the property is held by a banking organization or a
financial organization or by a business association organized
under the laws of or created in this state; or
(b) it is held by a business association, doing business in
this state, but not organized under the laws of or created in
this state, and the records of the business association indicate
that the last known address of the person entitled thereto is in
this state; or
(c) it is held in this state by any other person.
Sec. 67. Minnesota Statutes 1990, section 345.38, is
amended to read:
345.38 [PROPERTY HELD BY STATE COURTS AND PUBLIC OFFICERS
AND AGENCIES.]
Subdivision 1. All intangible personal property held for
the owner by any court, public corporation, public authority or
public officer of this state, or a political subdivision
thereof, that has remained unclaimed by the owner for more than
five three years is presumed abandoned except as provided in
section 524.3-914.
Subd. 2. This section shall not apply to property held for
persons while residing in public correctional or other
institutions. As to such persons, said property shall be
presumed abandoned if it has remained unclaimed by the owner for
more than five three years after such residence ceases.
Subd. 3. All intangible personal property held for the
owner by any government or political subdivision or agency, that
has remained unclaimed by the owner for more than five three
years is presumed abandoned and is reportable pursuant to
section 345.41, if:
(a) the last known address as shown on the records of the
holder of the apparent owner is in this state; or
(b) no address of the apparent owner appears on the records
of the holder; and
(1) the last known address of the apparent owner is in this
state; or
(2) the holder is domiciled in this state and has not
previously transferred the property to the state of the last
known address of the apparent owner.
Sec. 68. Minnesota Statutes 1990, section 345.39, is
amended to read:
345.39 [MISCELLANEOUS PERSONAL PROPERTY HELD FOR ANOTHER
PERSON.]
Subdivision 1. [PRESUMED ABANDONMENT.] All intangible
personal property, not otherwise covered by sections 345.31 to
345.60, including any income or increment thereon, but excluding
any charges that may lawfully be withheld, that is held or owing
in this state in the ordinary course of the holder's business
and has remained unclaimed by the owner for more than five three
years after it became payable or distributable is presumed
abandoned. Property covered by this section includes, but is
not limited to: (a) unclaimed wages or worker's compensation;
(b) deposits or payments for repair or purchase of goods or
services; (c) credit checks or memos, or customer overpayments;
(d) unidentified remittances, unrefunded overcharges; (e) unpaid
claims, unpaid accounts payable or unpaid commissions; (f)
unpaid mineral proceeds, royalties or vendor checks; and (g)
credit balances, accounts receivable and miscellaneous
outstanding checks. This section does not include money orders.
Subd. 2. [COOPERATIVE PROPERTY.] Notwithstanding
subdivision 1, any profit, distribution, or other sum held or
owing by a cooperative for or to a participating patron of the
cooperative is presumed abandoned only if it has remained
unclaimed by the owner for more than seven years after it became
payable or distributable.
Subd. 3. [UNPAID COMPENSATION.] Notwithstanding
subdivision 1, unpaid compensation for personal services or
wages, including wages represented by unpresented payroll
checks, owing in the ordinary course of the holder's business
that remain unclaimed by the owner for more than one year after
becoming payable are presumed abandoned.
Sec. 69. Minnesota Statutes 1990, section 345.42,
subdivision 3, is amended to read:
Subd. 3. On or before April 1 of each year, the
commissioner shall may mail a notice to each person having an
address listed therein who appears to be entitled to property of
the value of $25 or more presumed abandoned under sections
345.31 to 345.60. Said notice shall contain:
(a) a statement that, according to a report filed with the
commissioner, property is being held to which the addressee
appears entitled;
(b) the name and address of the person holding the property
and any necessary information regarding changes of name and
address of the holder; and
(c) a statement that, if satisfactory proof of claim is not
presented by the owner to the holder by the date specified in
the published notice, the property will be placed in the custody
of the commissioner to whom all further claims must be directed.
Sec. 70. Minnesota Statutes 1991 Supplement, section
349A.10, subdivision 3, is amended to read:
Subd. 3. [LOTTERY OPERATIONS.] (a) The director shall
establish a lottery operations account in the lottery fund. The
director shall pay all costs of operating the lottery, including
payroll costs or amounts transferred to the state treasury for
payroll costs, but not including lottery prizes, from the
lottery operating account. The director shall credit to the
lottery operations account amounts sufficient to pay the
operating costs of the lottery.
(b) The director may not credit in any fiscal year 1993
amounts to the lottery operations account which when totaled
exceed 15 14.5 percent of gross revenue to the lottery fund.
The director may not credit in any fiscal year thereafter
amounts to the lottery operations account which when totaled
exceed 15 percent of gross revenue to the lottery fund in that
fiscal year. In computing total amounts credited to the lottery
operations account under this paragraph the director shall
disregard amounts transferred to or retained by lottery
retailers as sales commissions or other compensation.
(c) The director of the lottery may not expend after July
1, 1991, more than 2-3/4 percent of gross revenues in a fiscal
year for contracts for the preparation, publication, and
placement of advertising.
(d) Except as the director determines, the division is not
subject to chapter 16A relating to budgeting, payroll, and the
purchase of goods and services.
Sec. 71. Minnesota Statutes 1991 Supplement, section
357.021, subdivision 2, is amended to read:
Subd. 2. [FEE AMOUNTS.] The fees to be charged and
collected by the court administrator shall be as follows:
(1) In every civil action or proceeding in said court, the
plaintiff, petitioner, or other moving party shall pay, when the
first paper is filed for that party in said action, a fee of $85.
The defendant or other adverse or intervening party, or any
one or more of several defendants or other adverse or
intervening parties appearing separately from the others, shall
pay, when the first paper is filed for that party in said
action, a fee of $85.
The party requesting a trial by jury shall pay $30.
The fees above stated shall be the full trial fee
chargeable to said parties irrespective of whether trial be to
the court alone, to the court and jury, or disposed of without
trial, and shall include the entry of judgment in the action,
but does not include copies or certified copies of any papers so
filed or proceedings under chapter 103E, except the provisions
therein as to appeals.
(2) Certified copy of any instrument from a civil or
criminal proceeding, $5, plus 25 cents per page after the first
page, and $3.50, plus 25 cents per page after the first page for
an uncertified copy.
(3) Issuing a subpoena, $3 for each name.
(4) Issuing an execution and filing the return thereof;
issuing a writ of attachment, injunction, habeas corpus,
mandamus, quo warranto, certiorari, or other writs not
specifically mentioned, $10.
(5) Issuing a transcript of judgment, or for filing and
docketing a transcript of judgment from another court, $7.50.
(6) Filing and entering a satisfaction of judgment, partial
satisfaction, or assignment of judgment, $5.
(7) Certificate as to existence or nonexistence of
judgments docketed, $5 for each name certified to.
(8) Filing and indexing trade name; or recording notary
commission; or recording basic science certificate; or recording
certificate of physicians, osteopaths, chiropractors,
veterinarians, or optometrists, $5.
(9) For the filing of each partial, final, or annual
account in all trusteeships, $10.
(10) For the deposit of a will, $5.
(11) For recording notary commission, $25, of which,
notwithstanding subdivision 1a, paragraph (b), $20 must be
forwarded to the state treasurer to be deposited in the state
treasury and credited to the general fund.
(12) All other services required by law for which no fee is
provided, such fee as compares favorably with those herein
provided, or such as may be fixed by rule or order of the court.
Sec. 72. Minnesota Statutes 1990, section 359.01,
subdivision 3, is amended to read:
Subd. 3. [FEES.] The fee for each commission shall not
exceed $10 $40.
Sec. 73. Minnesota Statutes 1990, section 514.67, is
amended to read:
514.67 [INSPECTIONS, EXAMINATIONS, OR OTHER GOVERNMENTAL
SERVICES.]
All charges and expenses for any inspection, examination,
or other governmental service of any nature now or hereafter
authorized or required by law, including services performed by a
deputy registrar of motor vehicles in handling an application
for registration of a motor vehicle under section 168.33, shall
constitute and be a first and prior lien from the date of such
inspection, examination, or service upon all property in this
state subject to taxation as the property of the person from
whom such charges and expenses are by law authorized or required
to be collected. No record of such lien shall be deemed
necessary, but the same shall be duly presented or proven in any
bankruptcy, insolvency, receivership, or other similar
proceeding, or be barred thereby.
As used in this section the following words and terms have
the following meanings:
(1) "Person" means and includes any natural person in any
individual or representative capacity, and any firm,
copartnership, corporation, or other association of any nature
or kind.
(2) The term "first and prior lien" means a lien equivalent
to, and of the same force and effect as a lien for taxes; but
any such lien or claim shall be deemed barred unless proceedings
to enforce same shall have been commenced within two years from
the date when such claim becomes due.
For purposes of this section, the charges and expenses for
services performed by a deputy registrar of motor vehicles in
handling an application for registration of a motor vehicle
includes the entire amount paid to the deputy registrar for the
registration of a motor vehicle, including all license taxes,
filing fees, and other fees, charges, and taxes required to be
paid for registration of the motor vehicle.
Sec. 74. Minnesota Statutes 1991 Supplement, section
626.861, subdivision 1, is amended to read:
Subdivision 1. [LEVY OF ASSESSMENT.] There is levied a
penalty assessment of 12 15 percent on each fine imposed and
collected by the courts of this state for traffic offenses in
violation of chapters 168 to 173 or equivalent local ordinances,
other than a fine or forfeiture for a violation of a local
ordinance or other law relating to the parking of a vehicle. In
cases where the defendant is convicted but a fine is not
imposed, or execution of the fine is stayed, the court shall
impose a penalty assessment of not less than $5 nor more than
$10 when the conviction is for a misdemeanor or petty
misdemeanor, and shall impose a penalty assessment of not less
than $10 but not more than $50 when the conviction is for a
gross misdemeanor or felony. Where multiple offenses are
involved, the penalty assessment shall be assessed separately on
each offense for which the defendant is sentenced. If
imposition or execution of sentence is stayed for all of the
multiple offenses, the penalty assessment shall be based upon
the most serious offense of which the defendant was convicted.
Where the court suspends a portion of a fine, the suspended
portion shall not be counted in determining the amount of the
penalty assessment unless the offender is ordered to pay the
suspended portion of the fine. Suspension of an entire fine
shall be treated as a stay of execution for purposes of
computing the amount of the penalty assessment.
Sec. 75. Minnesota Statutes 1990, section 626.861,
subdivision 3, is amended to read:
Subd. 3. [COLLECTION BY COURT.] After a determination by
the court of the amount of the fine or penalty assessment due,
the court administrator shall collect the appropriate penalty
assessment and transmit it to the county treasurer separately
with designation of its origin as a penalty assessment, but with
the same frequency as fines are transmitted. Amounts collected
under this subdivision shall then be transmitted to the state
treasurer for deposit in the general fund for peace officers
training, in the same manner as fines collected for the state by
a county. The state treasurer shall identify and report to the
commissioner of finance all amounts deposited in the general
fund under this section.
Sec. 76. Minnesota Statutes 1991 Supplement, section
626.861, subdivision 4, is amended to read:
Subd. 4. [PEACE OFFICERS TRAINING ACCOUNT.] Receipts from
penalty assessments must be credited to the general fund a peace
officer training account in the special revenue fund. For
fiscal years 1993 and 1994, the peace officers standards and
training board shall, and after fiscal year 1994 may, allocate
from funds appropriated funds, net of operating expenses, as
follows:
(a) Up to 30 (1) at least 25 percent may be provided for
reimbursement to board approved skills courses.; and
(b) Up to 15 (2) at least 13.5 percent may be used for the
school of law enforcement.
(c) The balance may be used to pay each local unit of
government an amount in proportion to the number of licensed
peace officers and constables employed, at a rate to be
determined by the board. The disbursed amount must be used
exclusively for reimbursement of the cost of in-service training
required under this chapter and chapter 214.
Sec. 77. [STONE ARCH BRIDGE.]
Notwithstanding any other law to the contrary, the board of
Hennepin county commissioners, in its capacity as the county
board or as the Hennepin county regional rail authority, shall
transfer legal title to the James J. Hill stone arch bridge to
the commissioner of transportation for a consideration of
$1,001. The deed of conveyance shall provide for reversion of
the property to the county in the event the county has need of
the bridge for light rail transit.
Sec. 78. [LOTTERY ADVERTISING EXPENDITURES.]
The director of the state lottery may not reduce
expenditures for advertising in fiscal year 1993 in order to
comply with the requirement in section 70 that amounts credited
to the lottery operations account in fiscal year 1993 not exceed
14.5 percent of gross revenue in that fiscal year.
Sec. 79. [REPEALER.]
Minnesota Statutes 1990, section 211A.04, subdivision 2, is
repealed. Minnesota Statutes 1991 Supplement, section 97A.485,
subdivision 1a, is repealed.
Sec. 80. [EFFECTIVE DATES.]
(a) Except as provided in paragraph (b), this article is
effective the day following final enactment.
(b) Sections 19, 24 to 29, 34 to 45, 52 to 72, and 74 to 79
are effective July 1, 1992. Section 20 is effective for taxable
years after December 31, 1989.
ARTICLE 4
STATE GOVERNMENT AFFAIRS
Section 1. [STATE GOVERNMENT AFFAIRS; APPROPRIATIONS.]
Unless otherwise indicated, all sums set forth in the
columns designated "1992 and 1993 APPROPRIATION CHANGE" are to
be added to or reduced from general fund appropriations made by
Laws 1991, chapter 345, or another named law, for the fiscal
years ending June 30, 1992, and June 30, 1993, respectively.
Amounts to be reduced are designated by parentheses.
SUMMARY BY FUND
1992 1993 TOTAL
APPROPRIATION
CHANGE $ (1,611,000)$ (806,000)$ (2,417,000)
APPROPRIATION CHANGE
1992 1993
Sec. 2. LEGISLATURE (3,564,000)
Any part of this reduction may be taken
from balances carried forward.
After the effective date of this
section, the information policy office
is responsible for the administration
of the state information systems
project. By November 1, 1992, the
information policy office will evaluate
the usefulness of continuing this
information systems directory and
report its findings to the legislature
and the commissioner of administration.
Sec. 3. SUPREME COURT 600,000
$5,000 is for alternative dispute
resolution in Anoka county.
$50,000 is for a judges workload,
updated weighted caseload time survey,
and telecommunications study.
$625,000 is to be distributed to
qualified legal services programs
according to the percentages in
Minnesota Statutes, section 480.242,
subdivision 2, paragraphs (a) and (b).
The supreme court, in consultation with
representatives of official and free
lance court reporters, shall study and
report to the legislature on the
certification of shorthand court
reporters by January 1, 1993. The
study shall consider testing,
registration, continuing education,
discipline, and fees necessary to
offset the cost of the certification
program.
By January 1, 1993, the supreme court
shall adopt rules governing vacation
leave of judges and paid judicial leave
for educational and other professional
purposes. In developing these rules,
the supreme court shall consider
employee leave plans of the legislative
and executive branches, including
graduated accrual systems.
By January 1, 1993, the supreme court
shall adopt rules governing the
acceptance of fees, honoraria, or other
compensation for work performed by
judges on time for which they are
compensated by the state or related in
any way to their official positions or
duties. In developing these rules, the
supreme court shall consider the
prohibitions in Minnesota Statutes,
section 43A.38, subdivision 2.
Sec. 4. COURT OF APPEALS (28,000)
Sec. 5. DISTRICT COURTS 180,000 (247,000)
Sec. 6. BOARD OF PUBLIC
DEFENSE 60,000
Approved complement addition:
General fund - 1
$140,000 is for an automated data
collection system and transfer of
fiscal agent functions from the
counties to the state.
$160,000 is for costs associated with
defense of persons involved in the
sting operation at Stillwater
correctional facility.
The board of public defense may forward
to the respective host counties in the
multicounty judicial districts one-half
of the individual districts' allotted
funding for fiscal year 1993 as close
to July 1, 1992, as possible. Expenses
of district public defender offices in
the multicounty districts shall be paid
from these funds through December 31,
1992. The host counties may use
interest earnings on these funds for
public defense related expenses which
occur prior to January 1, 1993, but
which may be paid after January 1,
1993. After December 31, 1992, the
board may only pay expenses which occur
on or after January 1, 1993.
Notwithstanding any law to the
contrary, district public defenders in
multicounty districts who currently
have fringe benefits provided through a
county program shall continue to be
eligible to receive these benefits
after December 31, 1992. Persons hired
in these positions after the effective
date of this section are eligible to
receive these benefits under the same
conditions as those hired before.
Participation is subject to Minnesota
Statutes, section 611.26, subdivision
9. After December 31, 1992, premiums
may be billed by the counties to the
board of public defense in a manner
prescribed by the board.
District public defenders in
multicounty districts who currently
participate in the public employee
retirement association may continue
their participation after December 31,
1992. District public defenders in
multicounty districts hired after the
effective date of this section may
participate in the public employees
retirement association under the same
conditions as those hired before.
The board may transfer funds among
appropriations and programs.
$50,000 the second year is for one
position relating to planning and
technical services.
Sec. 7. GOVERNOR AND
LIEUTENANT GOVERNOR 503,000 105,000
$503,000 in fiscal year 1992 is for
plaintiffs' fee award for attorneys'
fees and expenses in the case of Jane
Hodgson et al. vs. State of Minnesota.
$365,000 the second year is to cover
costs of employees in the governor's
office who are currently being charged
to other agencies.
On August 15 of each year the
commissioner of finance shall report to
the chairs of the economic and state
affairs division of the senate finance
committee and the state government
division of the house appropriations
committee those personnel costs
incurred by the office of the governor
and the lieutenant governor that were
supported by appropriations of other
agencies during the previous fiscal
year. The office of the governor shall
inform the chairs of the divisions
before initiating any interagency
agreements.
Sec. 8. STATE AUDITOR (30,000)
Sec. 9. STATE TREASURER (63,000)
Sec. 10. ATTORNEY GENERAL 50,000 (600,000)
$50,000 is to pay the costs of
appealing the trial court decision in
the case of Sheridan and Dianne Skeen
vs. State of Minnesota.
Sec. 11. OFFICE OF STRATEGIC
AND LONG-RANGE PLANNING (60,000)
No reductions may be made to the
environmental quality board.
$50,000 of appropriations previously
made must be used to pay for services
previously rendered by the Minneapolis
public library.
The temporary unclassified position
currently used to administer the
generic environmental impact study on
timber harvesting must be continued
with the current incumbent until the
study is completed. Upon completion of
the study, responsibility for analyzing
and implementing study recommendations
is transferred to the department of
natural resources under Minnesota
Statutes, section 15.039, at which time
the complement of the office of
strategic and long-range planning must
be reduced by one and the complement of
the department of natural resources
must be increased by one.
Sec. 12. BOARD OF INVESTMENT (20,000)
Sec. 13. ADMINISTRATION 826,000
The balance of the appropriation made
to the commissioner of administration
by Laws 1991, chapter 345, article 1,
section 17, subdivision 4, for the
development of a framework for an
integrated infrastructure management
system is available until June 30,
1993, to improve the capital budget
planning process.
$85,000 of the appropriation in fiscal
year 1993 is to be used to manage the
costs of freight for state purchases.
No reductions may be made for the
intergovernmental information systems
advisory council.
No reductions may be made to the land
management information center.
$13,781,000 of the appropriation for
costs relating to agency relocation,
consolidation, and collocation in Laws
1991, chapter 345, article 1, section
17, subdivision 4, is available until
expended. $75,000 of this amount is
for a grant to Itasca county to plan
and do other preliminary work for
construction of the Itasca Center.
Up to $50,000 of this amount is for a
grant to the city of St. Paul for the
stabilization and renovation of the
Warren Burger House, available upon
receipt of dollar-for-dollar nonstate
funds as a cash match or in-kind
contribution of materials and supplies.
The commissioner of administration is
directed to review existing general
project fund accounts for repairs,
betterments and relocation of agencies,
to cancel unobligated funding no longer
required for specific projects, and to
transfer $300,000 to the general fund
by June 30, 1992.
$240,000 is for matching grants to
public television stations.
$720,000 is for public television
equipment needs. Equipment grant
allocations shall be made after
considering the recommendations of the
Minnesota Public Television Association.
$116,000 the second year is for
equipment grants to public educational
radio stations, which must be allocated
after considering the recommendations
of the Association of Minnesota Public
Educational Radio Stations.
$278,000 the second year is for
equipment grants to affiliate stations
of Minnesota Public Radio,
Incorporated, which must be allocated
after considering the recommendations
of Minnesota Public Radio, Incorporated.
The commissioner of administration is
directed to transfer $82,000 in fiscal
year 1992 and $186,000 in fiscal year
1993 from the special revenue parking
fund to the general fund and to provide
for a reserve for replacement of
parking facilities from the proceeds of
the fee increases.
The commissioner of administration is
directed to transfer travel provider
rebates of $40,000 in fiscal year 1992
and $45,000 in fiscal year 1993 from
the motor pool to the general fund.
Future rebates will be transferred
annually.
The commissioner of administration is
directed to transfer bookstore excess
earnings of $250,000 in fiscal year
1992 and $50,000 in fiscal year 1993 to
the general fund. Future excess
earnings exceeding amounts necessary
for cash flow purposes will be
transferred annually.
The commissioner of administration
shall study the possible purchase and
staffing of a bookmobile; rental of
space in St. Paul, Minneapolis, or
other high traffic locations;
advertising, participation in book
fairs, and displays at events.
Consideration may be given to use of
future excess revenues as debt service
for a new retail location.
The matching requirements in Laws 1991,
chapter 345, article 1, section 17,
subdivision 9, need not be met in
either year of the biennium.
$200,000 is to be divided equally
between the Northeast STARS region and
the Southeast STARS region to install
and administer a regional
telecommunications network pilot
project to validate the STARS
telecommunications regions development
study findings in the regions and
continue work on the master plan for
regional telecommunications. The funds
must be matched in-kind or monetarily
dollar-for-dollar by the region.
The master plan must include a
technology assessment that compares the
function, performance, benefits, and
costs of available telecommunications
technologies, including full and
fractional DS1 narrowband
communications, DS3 wideband
communications, and AM and FM video on
fiber optics. The master plan should
review regional requirements for
telecommunications and make
recommendations on the standardization
of telecommunications architecture in
relation to the technology assessment.
The master plan must establish a policy
for participation in a communications
system.
Selection of participants shall be
based on geographical proximity and
natural connections within the general
regional areas surrounding Duluth and
Rochester. Participants shall be
selected from the following
categories: education, state and local
governments, and other public service
entities including but not limited to
libraries, courts and criminal justice
agencies, health and human services,
community and economic development
entities, and cultural and nonprofit
organizations or institutions.
Participants shall demonstrate
collaboration with one or more other
entities in making their connections to
the regional system. Participants in
the pilot project and master plan must
be represented on the regional advisory
organization and together determine the
design of the pilot and future master
plan of regional telecommunications
network systems.
If successful, this matching fund
program for pilot projects and master
planning must be considered for
replication statewide in the next
biennium.
$4,000 the second year is for the state
band.
Sec. 14. FINANCE (176,000) 2,096,000
Approved complement addition:
General fund - 1
$1,800,000 in fiscal year 1993 is for
the continuation of the statewide
systems project. This appropriation is
available until expended.
Reductions of $176,000 in fiscal year
1992 and $176,000 in fiscal year 1993
are from administrative expenditures.
The position of deputy commissioner is
reestablished in the department of
finance.
An estimated $166,000 will be
transferred to the general fund in
fiscal year 1993 through a
comprehensive review of statewide
indirect costs. $42,000 in fiscal year
1993 is for implementation of a
comprehensive review of statewide
indirect cost allocation policies and
collection methodologies to increase
recoveries to the general fund.
$1,450,000 shall be reimbursed to the
general fund in fiscal year 1993
through a six-month write-off cycle for
unclaimed warrants. $20,000 in fiscal
year 1993 is for temporary staff to
handle one-time additional workload to
process claims for warrants.
$10,000 is for a refund to the city of
Redwood Falls of the application fee
and deposit for allocation No. 378
received by the department of finance
during calendar year 1991 from the city
under Minnesota Statutes, section
474A.091.
Up to $300,000 is to support enhanced
collection activities in the
departments of finance, human services,
and revenue. Any unspent balance for
these collection activities may be
transferred to the accounts receivable
restructuring study. This
appropriation is available upon
enactment.
$100,000 is for the attorney general
and the commissioners of finance,
revenue, and human services, under the
supervision of the legislative
commission on planning and fiscal
policy, to conduct a study to identify
long-term options on restructuring the
state of Minnesota accounts receivable
process and recommend changes in
policies governing management of
receivables. The study should address
organizational changes that may improve
collections, accounting mechanisms that
would better monitor agency
performance, and incentive structures
to improve the level of performance.
The results of the study must be
reported to the legislative commission
on planning and fiscal policy.
Sec. 15. EMPLOYEE RELATIONS (269,000)
Approved complement addition:
Special revenue - 3
In order to control bureaucratic bloat,
i.e., top-heavy bureaucracies, the
department shall present an analysis of
a span of control ratio (number of
employees per manager) throughout state
government. The commissioner shall
prepare a report indicating the ratio
of managers and supervisors to other
employees in state government by agency
program. The department shall report
to the appropriate committees of the
legislature by January 1, 1993. The
report must recommend an appropriate
ratio and a plan to control
bureaucratic bloat where it exists.
$500,000 appropriated by Laws 1987,
chapter 404, section 19, subdivision 5;
$116,000 appropriated by Laws 1988,
chapter 686, article 1, section 9, item
(a); and $40,000 appropriated by Laws
1989, chapter 335, article 1, section
18, subdivision 3, to establish the
statewide fringe benefit plan must be
transferred from the employee insurance
trust fund to the general fund by
January 1, 1993.
Notwithstanding any law to the
contrary, during fiscal year 1993
$944,000 in excess police state aid
collected by the public employees
retirement association must be
transferred to the general fund.
Sec. 16. REVENUE (580,000) (580,000)
The revolving fund which is used to pay
the initial costs of local property tax
assessment ordered by the department of
revenue is abolished and the balance of
$250,000 in fiscal year 1993 is
transferred to the general fund.
The department of revenue is directed
to add collection activities and to
increase or redirect collections
initiatives as necessary to increase
revenue collections by $1,800,000 in
fiscal year 1993.
Sec. 17. TRADE AND
ECONOMIC DEVELOPMENT
Subdivision 1. Total
Appropriation Changes (1,046,000) 2,619,000
Subd. 2. Community Development
The appropriation reduction in fiscal
year 1992 includes a reduction of
$200,000 for a grant to the World Trade
Center Corporation for establishment of
an annual medical exposition, trade
fair, and health care congress to begin
in 1993. The remainder of this
appropriation does not cancel but is
available to the World Trade Center
Corporation until expended.
$50,000 of the unobligated balance in
the economic recovery grant account in
the special revenue fund shall be
transferred to the general fund by June
30, 1992.
$1,422,000 is for grants to the cities
of Minneapolis and St. Paul for debt
service payments due on bonds issued
for metropolitan area parks.
$2,356,000 the second year is for
payment of a grant to the metropolitan
council for metropolitan area regional
parks maintenance and operation.
From money previously appropriated for
economic recovery grants, the
commissioner shall make up to $500,000
available for grants of up to $50,000
to assist in the purchase of advanced
technology used in production
operations located in facilities
outside the seven-county metropolitan
area. The amount of each grant shall
not exceed 50 percent of the purchase
price of eligible equipment. Requests
for the grants must be accompanied by a
synopsis of a plan for any necessary
employee retraining. The commissioner
shall develop criteria for awarding
grants and is encouraged to coordinate
the awards with other programs such as
the job skills partnership program
under Minnesota Statutes, chapter
116L. A company may receive no more
than one grant per year. Any funds not
obligated by May 31, 1993, may be used
for economic recovery grants.
$200,000 of the unobligated balance in
the agricultural and economic
development account in the special
revenue fund shall be transferred to
the general fund by June 30, 1992.
The department of trade and economic
development shall provide $50,000 from
the economic recovery grant program to
the city of Brooklyn Center to serve as
the project coordinator of the first
stage of a four-city business retention
and local market expansion pilot
project. The city shall share all
results and written reports with the
department of trade and economic
development.
$250,000 the first year and $250,000
the second year are for transfer to the
commissioner of jobs and training for a
wage subsidy program to alleviate
summer youth unemployment under
Minnesota Statutes, section 268.552.
No more than five percent of this
appropriation may be used for
administration.
Subd. 3. Minnesota Trade Office
The appropriation for grants to
nonprofit organizations to support
international cultural and educational
exchange programs and to make grants to
and loans to qualifying Minnesota
businesses for the support of the
international partnership program is
reduced by $20,000.
Any balance in excess of $1,000,000 in
the export finance working capital
account on June 30 of each year must be
transferred by the commissioner to the
general fund. It is estimated that
$225,000 will transfer in fiscal year
1992, and $70,000 will transfer in
fiscal year 1993.
Subd. 4. Tourism
The office of tourism shall meet with
representatives from department of
natural resources-operated parks, hotel
and motel associations, Indian gaming
associations, and other organizations
to plan a unified state-based
telephone/electronic mail reservation
system. The office shall report to the
appropriate legislative committees by
January 15, 1993.
The department shall define
beneficiaries of state appropriations
for the promotion of significant
tourism-related events and attempt to
recover those appropriations. Money
recovered, and money returned under
contracts to host major events, must be
credited to a special account to be
used, when directly appropriated, to
attract and host significant
tourism-related events.
The department shall assist in the
reestablishment and promotion of the
Northern League, a baseball minor
league, which will begin operations in
the Upper Midwest in 1993.
$150,000 the second year is for a grant
to Nicollet county to establish a
tourist information and interpretive
center on the site of the treaty of
Traverse des Sioux. The grant is
available only as matched by $2 of
nonstate money for each $1 of this
appropriation.
Subd. 5. Business
Development and Analysis
$50,000 is reduced from the fiscal year
1992 appropriation for Minnesota jobs
skills partnership grants.
$125,000 is reduced from the fiscal
year 1992 appropriation for a grant to
Advantage Minnesota, Inc.
The department shall proceed with the
small business incubator pilot project
authorized in Laws 1991, chapter 345,
article 1, section 23, subdivision 5,
and need not adopt rules for the
project.
The unobligated appropriation balance
in Laws 1983, chapter 334, section 6,
for jobs skills partnership grants
shall cancel to the general fund. The
estimated cancellation is $43,000.
The unobligated appropriation balance
in Laws 1987, chapter 386, article 10,
section 9, with carry forward authority
in Laws 1989, chapter 335, article 1,
section 25, subdivision 3, for jobs
skills partnership grants shall cancel
to the general fund. The estimated
cancellation is $20,000.
No reductions may be made to the
Minnesota motion picture board.
The Minnesota motion picture board
shall investigate and promote the use
of rural Minnesota as a setting for
video, film, and television production
and location.
The Minnesota motion picture board
shall study and make recommendations
for the establishment of an annual
Asian film festival. The board shall
report and make recommendations to the
appropriate committees of the
legislature by January 15, 1993.
Sec. 18. MILITARY AFFAIRS (542,000) (842,000)
The reduction of $542,000 in fiscal
year 1992 and $542,000 in fiscal year
1993 is associated with the closing of
armories and the expenses attributed to
maintenance and operation of armories.
Except for reduction of the tuition
reimbursement for enlistment or
reenlistment, reductions totaling
$300,000 in either fiscal year 1992 or
1993 shall be allocated at the
discretion of the department.
Sec. 19. VETERANS AFFAIRS (29,000)
Sec. 20. POLICE AND FIRE AMORTIZATION
AID (2,020,000)
This reduction is due to excess
investment earnings by the Minneapolis
police and fire relief associations and
reduces the aid apportionment otherwise
payable to the city of Minneapolis on
July 15, September 15, and November 15,
1992.
Sec. 21. CONTINGENT ACCOUNTS 1,240,000
This appropriation is available with
the approval of the governor after
receiving the recommendation of the
legislative advisory commission under
Minnesota Statutes, section 3.30.
$800,000 is for expenses of the
commission on reform and efficiency.
Sec. 22. CANCELLATIONS
Subdivision 1. Freight expense
The commissioner of administration
through executive authority is directed
to improve management of freight costs
by developing an aggressive freight
management program. The commissioner
of administration shall identify
projected savings from this program and
provide a listing to the commissioner
of finance. The commissioner of
finance shall direct the agencies to
reduce allotments as these savings
occur and cancel them to the general
fund at the end of the fiscal year.
Projected saving for this program is
$1,901,000 in fiscal year 1993.
Subd. 2. Intertech
The commissioner of finance shall
direct agencies to reduce allotments to
reflect a credit in Intertech billings
of $2,000,000 which will result in
savings to the general fund by June 30,
1993. This credit is based upon extra
earnings made in the prior fiscal year
that caused certain services to exceed
their net revenue projections.
Subd. 3. Plant management retained
earnings
The commissioner of administration is
directed to refund in fiscal year 1993
$1,400,000 of excess earnings in the
plant management internal service fund
of which $1,000,000 will be savings to
the general fund. The commissioner of
administration shall furnish a list of
the general fund refunds prior to
preparation of agencies' 1993 annual
budget plans and the commissioner of
finance shall direct the agencies to
reduce their fiscal year 1993
allotments.
Subd. 4. Improve workers'
compensation case management
The commissioner of employee relations
is directed to conduct comprehensive
medical utilization reviews of state
employee workers' compensation medical
claims. Any other law to the contrary
notwithstanding, reductions to original
medical billings resulting from
utilization reviews shall be accounted
for by the commissioner and deposited
in a separate account within the
special revenue fund according to
procedures specified by the
commissioner of finance. Deposits to
this account shall be transferred to
the appropriate funds in proportion to
the claims savings attributable. The
commissioner shall provide staff to
administer a return-to-work unit within
the health, safety, and workers'
compensation program to enhance
procedures and agency personnel
practices in order to facilitate the
return of claimants to suitable state
employment. It is estimated that the
general fund savings attributable to
this program will yield a net savings
to the general fund of $222,000 in
fiscal year 1992 and $1,350,000 in
fiscal year 1993. Three new positions
are to staff and implement a
return-to-work unit which will manage
internal file review and reduce costs.
Subd. 5. Prior injuries and
illnesses
The commissioner of employee relations
is directed to develop and coordinate
implementation procedures to enhance
agency registrations of state
employees' prior injuries and
illnesses. The commissioner shall also
develop and implement procedures for
medical claim file reviews, intensive
monitoring of potential second injury
claims, and expedition of second injury
and supplemental reimbursement
applications from the special
compensation fund administered by the
commissioner of labor and industry.
Implementation of the procedures
required under this section are
expected to yield savings to the
general fund of $708,000 in fiscal year
1992 and $465,000 in fiscal year 1993.
Any other law to the contrary
notwithstanding, reimbursements in
excess of the total obtained in fiscal
year 1991 shall be deposited in a
special account within the special
revenue fund and transferred to the
appropriate funds from which associated
claims originate according to
procedures and by dates specified by
the commissioner of finance.
Subd. 6. Pretax FICA and Medicare
savings
The commissioner of employee relations,
in conjunction with the commissioner of
finance, shall develop and implement
procedures to account for the savings
accruing to agency budgets due to
reductions to federal old age,
survivors, disability, and health
insurance program and supplemental
Medicare obligations that occur as a
result of reductions to taxable gross
income for employees participating in
health, dental, and life plans
administered by the commissioner of
employee relations. The savings that
accrue to agencies' budgets shall be
accounted for, unallotted, and canceled
to the appropriate funds according to
the procedures and dates specified by
the commissioner of finance. It is
expected that savings to the general
fund resulting from the actions
required under this section will be
$576,000 in fiscal year 1993.
Subd. 7. Insurance Premiums
This reduction is to agency budgets to
account for premium holidays to be
declared by the commissioner of
employee relations. For periods deemed
appropriate by the commissioner of
employee relations to adjust balances
in the accounts of the insurance trust
fund, the commissioner shall declare
premium holidays in the basic life and
dental insurance plans in the health
and benefits program within the current
biennium. The commissioner of finance
shall reduce agency allotments and
cancel to the respective funds savings
accruing to agency budgets as a result
of premium holidays or reductions made
effective by the commissioner of
employee relations. It is estimated
that these cancellations will save the
general fund $623,000 the first year
and $4,900,000 the second year.
Subd. 8. MSRS
The commissioner of finance shall
reduce agencies' fiscal year 1993
annual spending plans by the amount of
the savings attributable to reductions
to the employer retirement contribution
rate to the state employees retirement
fund. It is estimated that the savings
to the general fund will be $1,731,000
in fiscal year 1993.
Subd. 9. Governor's office employees
$365,000, representing the cost of
employees in the governor's office who
are currently being charged to other
agencies, must be taken from allotments
to those agencies and canceled to the
general fund.
Sec. 23. BUILDING PROJECT
Effective July 1, 1992, no state agency
or department shall propose and the
legislature shall not consider building
or relocation projects without
reviewing implications of utilizing
information technology on space
utilization.
Sec. 24. [MANAGING REDUCTIONS.]
The general fund appropriation reductions to an agency in
this article may be taken by the agency in either year of the
biennium, except that an agency in the executive branch, other
than a constitutional officer, must obtain the advance approval
of the commissioner of finance before moving a reduction to a
different fiscal year. Moving a reduction out of fiscal year
1993 does not increase the agency's appropriation base for the
1994-1995 biennium.
Sec. 25. Minnesota Statutes 1990, section 3.305, is
amended to read:
3.305 [LEGISLATIVE COORDINATING COMMISSION; BUDGET REVIEW
AUTHORITY.]
Subdivision 1. [REVIEW.] The administrative budget request
of any statutory commission the majority of whose members are
members of the legislature shall be submitted to the legislative
coordinating commission for review and comment before its
submission to the finance committee of the senate and the
appropriations committee of the house of representatives. No
such commission shall employ additional personnel without first
having received the recommendation of the legislative
coordinating commission. The commission shall establish the
compensation of all employees of any statutory commission,
except classified employees of the legislative audit commission,
the majority of whose members are members of the legislature.
Subd. 2. [TRANSFERS.] The legislative coordinating
commission may transfer unobligated balances among general fund
appropriations to the legislature.
Sec. 26. Minnesota Statutes 1990, section 3.736,
subdivision 8, is amended to read:
Subd. 8. [LIABILITY INSURANCE.] A state agency, including
an entity defined as a part of the state in section 3.732,
subdivision 1, clause (1), may procure insurance against
liability of the agency and its employees for damages resulting
from the torts of the agency and its employees. Procurement of
the insurance is a waiver of the defense limits of governmental
immunity liability under subdivisions 4 and 4a only to the
extent of the liability stated in the policy but that valid and
collectible insurance, including where applicable, proceeds from
the Minnesota Guarantee Fund, exceeds those limits and covers
the claim. Purchase of insurance has no other effect on the
liability of the agency and its employees beyond the coverage
provided by the policy. Procurement of commercial insurance,
participation in the risk management fund under section 16B.85,
or provisions of an individual self-insurance plan with or
without a reserve fund or reinsurance does not constitute a
waiver of any governmental immunities or exclusions.
Sec. 27. [4A.04] [COOPERATIVE CONTRACTS.]
(a) The director may apply for, receive, and expend money
from municipal, county, regional, and other planning agencies;
apply for, accept, and disburse grants and other aids for
planning purposes from the federal government and from other
public or private sources; and may enter into contracts with
agencies of the federal government, local governmental units,
the University of Minnesota, and other educational institutions,
and private persons as necessary to perform the director's
duties. Contracts made pursuant to this section are not subject
to the provisions of chapter 16B, as they relate to competitive
bidding.
(b) The director may apply for, receive, and expend money
made available from federal sources or other sources for the
purposes of carrying out the duties and responsibilities of the
director relating to local and urban affairs.
(c) All money received by the director pursuant to this
section shall be deposited in the state treasury and is
appropriated to the director for the purposes for which the
money has been received. The money shall not cancel and is
available until expended.
Sec. 28. Minnesota Statutes 1991 Supplement, section
16A.45, subdivision 1, is amended to read:
Subdivision 1. [CANCEL; CREDIT.] Once each fiscal year the
commissioner and the treasurer shall cancel upon their books all
outstanding unpaid commissioner's warrants, except warrants
issued for federal assistance programs, that have been issued
and delivered for more than five years six months prior to that
date and credit to the general fund the respective amounts of
the canceled warrants. These warrants are presumed abandoned
under section 345.38 and are subject to the provisions of
sections 345.31 to 345.60. The commissioner and the treasurer
shall cancel upon their books all outstanding unpaid
commissioner's warrants issued for federal assistance programs
that have been issued and delivered for more than the period of
time set pursuant to the federal program and credit to the
general fund and the appropriate account in the federal fund,
the amount of the canceled warrants.
Sec. 29. Minnesota Statutes 1990, section 16A.45, is
amended by adding a subdivision to read:
Subd. 4. [LOCATING UNPAID WARRANTS.] A person may not seek
or receive from another person, or contract with a person for, a
fee or compensation for locating outstanding unpaid
commissioner's warrants before the warrants have been reported
to the commissioner of commerce under section 345.41.
Sec. 30. Minnesota Statutes 1990, section 16A.48,
subdivision 1, is amended to read:
Subdivision 1. [PROCEDURE.] A verified claim may be
submitted to the concerned agency head for refund of money in
the treasury to which the state is not entitled. The claimant
must submit with the claim a complete statement of facts and
reasons for the refund. The agency head shall consider and
approve or disapprove the claim, attach a statement of reasons,
and forward the claim to the commissioner for settlement. No
claim may be approved unless the agency head first obtains from
the attorney general written certification that the refund will
not jeopardize any rights of setoff or recoupment held by the
state and any subdivision thereof, including local governments.
Upon the exercise of any setoff or recoupment, the attorney
general shall certify the amount of the remainder, if any, that
may be appropriated and paid.
Sec. 31. Minnesota Statutes 1991 Supplement, section
16A.723, subdivision 2, is amended to read:
Subd. 2. [APPROPRIATION.] The reimbursements collected
under subdivision 1 are appropriated for payment of residence
expenses relating to, including dry cleaning, carpet cleaning,
and the repair and replacement of household equipment and
supplies used for events conducted at the governor's residence.
Sec. 32. Minnesota Statutes 1990, section 16B.85,
subdivision 5, is amended to read:
Subd. 5. [RISK MANAGEMENT FUND NOT CONSIDERED INSURANCE.]
A state agency, including an entity defined as a part of the
state in section 3.732, subdivision 1, clause (1), may procure
insurance against liability of the agency and its employees for
damages resulting from the torts of the agency and its
employees. The procurement of this insurance constitutes a
waiver of the limits or of governmental liability under section
3.736, subdivisions 4 and 4a, only to the extent of the
liability stated in the policy but that valid and collectible
insurance, including where applicable, proceeds from the
Minnesota Guarantee Fund, exceeds those limits and covers the
claim. Purchase of insurance has no other effect on the
liability of the agency and its employees beyond the coverage as
provided. Procurement of commercial insurance, participation in
the risk management fund under this section, or provisions of an
individual self-insurance plan with or without a reserve fund or
reinsurance does not constitute a waiver of any of the
governmental immunities or exclusions under section 3.736.
Sec. 33. Minnesota Statutes 1990, section 116J.9673,
subdivision 4, is amended to read:
Subd. 4. [WORKING CAPITAL ACCOUNT.] An export finance
authority working capital account is created as a special
account in the state treasury. All premiums and interest
collected under subdivision 3, clause (6), must be deposited
into this account. Fees collected must be credited to the
general fund. The balance in the account may exceed $1,000,000
through accumulated earnings. Any balance in excess of
$1,000,000 on June 30 of every year must be transferred to the
general fund. Money in the account including interest earned
and appropriations made by the legislature for the purposes of
this section, is appropriated annually to the finance authority
for the purposes of this section. The balance in the account
may decline below $1,000,000 as required to pay defaults on
guaranteed loans.
Sec. 34. Minnesota Statutes 1990, section 270.063, is
amended to read:
270.063 [COLLECTION OF DELINQUENT TAXES.]
For the purpose of collecting delinquent state tax
liabilities, there is appropriated to the commissioner of
revenue an amount representing the cost of collection, not to
exceed one-third of the amount collected by contract with
collection agencies, revenue departments of other states, or
attorneys to enable the commissioner to reimburse these
agencies, departments, or attorneys for this service, or provide
for the operating costs of collection activities of the
department of revenue. The commissioner shall report quarterly
on the status of this program to the chair of the house tax and
appropriation committees and senate tax and finance committees.
Notwithstanding section 16A.15, subdivision 3, the
commissioner of revenue may authorize the prepayment of
sheriff's fees, attorney fees, fees charged by revenue
departments of other states, or court costs to be incurred in
connection with the collection of delinquent tax liabilities
owed to the commissioner of revenue.
Sec. 35. Minnesota Statutes 1990, section 270.71, is
amended to read:
270.71 [ACQUISITION AND RESALE OF SEIZED PROPERTY.]
For the purpose of enabling the commissioner of revenue to
purchase or redeem seized property in which the state of
Minnesota has an interest arising from a lien for unpaid taxes,
or to provide for the operating costs of collection activities
of the department of revenue, there is appropriated to the
commissioner an amount representing the cost of such
purchases or, redemptions, or collection activities. Seized
property acquired by the state of Minnesota to satisfy unpaid
taxes shall be resold by the commissioner. The commissioner
shall preserve the value of seized property while controlling
it, including but not limited to the procurement of insurance.
For the purpose of refunding the proceeds from the sale of
levied or redeemed property which are in excess of the actual
tax liability plus costs of acquiring the property, there is
hereby created a levied and redeemed property refund account in
the agency fund. All amounts deposited into this account are
appropriated to the commissioner of revenue. The commissioner
shall report quarterly on the status of this program to the
chairs of the house taxes and appropriations committees and
senate taxes and tax laws and finance committees.
Sec. 36. Minnesota Statutes 1990, section 349.161,
subdivision 4, is amended to read:
Subd. 4. [FEES.] The annual fee for a distributor's
license is $2,500 $3,500.
Sec. 37. Minnesota Statutes 1990, section 349.163,
subdivision 2, is amended to read:
Subd. 2. [LICENSE; FEE.] A license under this section is
valid for one year. The annual fee for the license is
$2,500 $5,000.
Sec. 38. Minnesota Statutes 1990, section 352.04,
subdivision 2, is amended to read:
Subd. 2. [EMPLOYEE CONTRIBUTIONS.] The employee
contribution to the fund must be equal to 4.15 3.99 percent of
salary. These contributions must be made by deduction from
salary as provided in subdivision 4.
Sec. 39. Minnesota Statutes 1990, section 352.04,
subdivision 3, is amended to read:
Subd. 3. [EMPLOYER CONTRIBUTIONS.] (a) The employer
contribution to the fund must be equal to 4.29 4.12 percent of
salary.
(b) By January 1 of each year, the board of directors shall
report to the legislative commission on pensions and retirement,
the chair of the committee on appropriations of the house of
representatives, and the chair of the committee on finance of
the senate on the amount raised by the employer and employee
contribution rates in effect and whether the total amount is
less than, the same as, or more than the actuarial requirement
determined under section 356.215.
(c) If the legislative commission on pensions and
retirement, based on the most recent valuation performed by its
actuary, determines that the total amount raised by the employer
and employee contributions under subdivision 2 and paragraph (b)
is less than the actuarial requirements determined under section
356.215, the employer and employee rates must be increased by
equal amounts as necessary to meet the actuarial requirements.
The employee rate may not exceed 4.15 percent of salary and the
employer rate may not exceed 4.29 percent of salary. The
increases are effective on the next January 1 following the
determination by the commission. The executive director of the
Minnesota state retirement system shall notify employing units
of any increases under this paragraph.
Sec. 40. Minnesota Statutes 1990, section 353.27,
subdivision 13, is amended to read:
Subd. 13. [CERTAIN WARRANTS CANCELED.] A warrant payable
from the retirement fund remaining unpaid for a period of five
years six months must be canceled into the retirement fund and
not into the general fund.
Sec. 41. Minnesota Statutes 1990, section 356.65,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of this
section, unless the context clearly indicates otherwise, the
following terms shall have the meanings given to them:
(a) "Public pension fund" means any public pension plan as
defined in section 356.61 and any Minnesota volunteer
firefighters relief association which is established pursuant to
chapter 424A and governed pursuant to sections 69.771 to 69.776.
(b) "Unclaimed public pension fund amounts" means any
amounts representing accumulated member contributions, any
outstanding unpaid annuity, service pension or other retirement
benefit payments, including those made on warrants issued by the
commissioner of finance, which have been issued and delivered
for more than six years months prior to the date of the end of
the fiscal year applicable to the public pension fund, and any
applicable interest to the credit of:
(1) an inactive or former member of a public pension fund
who is not entitled to a defined retirement annuity and who has
not applied for a refund of those amounts within five years
after the last member contribution was made;
(2) a deceased inactive or former member of a public
pension fund if no survivor is entitled to a survivor benefit
and no survivor, designated beneficiary or legal representative
of the estate has applied for a refund of those amounts within
five years after the date of death of the inactive or former
member.
Sec. 42. Minnesota Statutes 1991 Supplement, section
357.021, subdivision 2, is amended to read:
Subd. 2. [FEE AMOUNTS.] The fees to be charged and
collected by the court administrator shall be as follows:
(1) In every civil action or proceeding in said court, the
plaintiff, petitioner, or other moving party shall pay, when the
first paper is filed for that party in said action, a fee of
$85 $110.
The defendant or other adverse or intervening party, or any
one or more of several defendants or other adverse or
intervening parties appearing separately from the others, shall
pay, when the first paper is filed for that party in said
action, a fee of $85 $110.
The party requesting a trial by jury shall pay $30.
The fees above stated shall be the full trial fee
chargeable to said parties irrespective of whether trial be to
the court alone, to the court and jury, or disposed of without
trial, and shall include the entry of judgment in the action,
but does not include copies or certified copies of any papers so
filed or proceedings under chapter 103E, except the provisions
therein as to appeals.
(2) Certified copy of any instrument from a civil or
criminal proceeding, $5, plus 25 cents per page after the first
page, and $3.50, plus 25 cents per page after the first page for
an uncertified copy.
(3) Issuing a subpoena, $3 for each name.
(4) Issuing an execution and filing the return thereof;
issuing a writ of attachment, injunction, habeas corpus,
mandamus, quo warranto, certiorari, or other writs not
specifically mentioned, $10.
(5) Issuing a transcript of judgment, or for filing and
docketing a transcript of judgment from another court, $7.50.
(6) Filing and entering a satisfaction of judgment, partial
satisfaction, or assignment of judgment, $5.
(7) Certificate as to existence or nonexistence of
judgments docketed, $5 for each name certified to.
(8) Filing and indexing trade name; or recording notary
commission; or recording basic science certificate; or recording
certificate of physicians, osteopaths, chiropractors,
veterinarians, or optometrists, $5.
(9) For the filing of each partial, final, or annual
account in all trusteeships, $10.
(10) For the deposit of a will, $5.
(11) All other services required by law for which no fee is
provided, such fee as compares favorably with those herein
provided, or such as may be fixed by rule or order of the court.
The fees in clauses (3) and (4) need not be paid by a
public authority or the party the public authority represents.
Sec. 43. Minnesota Statutes 1990, section 357.18, is
amended by adding a subdivision to read:
Subd. 3. [SURCHARGE.] In addition to the fees imposed in
subdivision 1, a $2 surcharge shall be collected: on each fee
charged under subdivision 1, clauses (1) and (6), and for each
abstract certificate under subdivision 1, clause (4). Forty
cents of each surcharge shall be retained by the county to cover
its administrative costs and $1.60 shall be paid to the state
treasury and credited to the general fund.
Sec. 44. Minnesota Statutes 1990, section 466.06, is
amended to read:
466.06 [LIABILITY INSURANCE.]
The governing body of any municipality may procure
insurance against liability of the municipality and its
officers, employees, and agents for damages, including punitive
damages, resulting from its torts and those of its officers,
employees, and agents, including torts specified in section
466.03 for which the municipality is immune from liability. The
insurance may provide protection in excess of the limit of
liability imposed by section 466.04. If a municipality other
than a school district has the authority to levy taxes, the
premium costs for such insurance may be levied in excess of any
per capita or local tax rate tax limitation imposed by statute
or charter. Any independent board or commission in the
municipality having authority to disburse funds for a particular
municipal function without approval of the governing body may
similarly procure liability insurance with respect to the field
of its operation. The procurement of such insurance constitutes
a waiver of the limits of governmental liability under section
466.04 only to the extent of the liability stated in the policy
but that valid and collectible insurance, including where
applicable, proceeds from the Minnesota Guarantee Fund, exceeds
those limits and covers the claim. The purchase of insurance
has no other effect on the liability of the municipality beyond
the coverage so provided or its employees. Procurement of
commercial insurance, participation in a self-insurance pool
pursuant to section 471.981, or provision for an individual
self-insurance plan with or without a reserve fund or
reinsurance shall not constitute a waiver of any of the
governmental immunities conferred under section 466.03 or
exclusions.
Sec. 45. Minnesota Statutes 1990, section 490.123, is
amended by adding a subdivision to read:
Subd. 1c. [JUDGES NOT PARTICIPATING IN POSTRETIREMENT
FUND.] For retired judges not participating in the
postretirement fund, as defined in section 11A.18, the amount
necessary to pay retirement benefits is appropriated from the
general fund to the executive director of the Minnesota state
retirement system. The executive director shall certify to the
commissioner of finance the total amount required to pay such
benefits each year on or before July 15. The certification
shall include the number of anticipated benefit recipients,
including survivors and designated beneficiaries, the total
estimated requirements for each recipient group, and the total
amount for all groups. The commissioner of finance shall, after
any necessary reconciling adjustments or corrections, transfer
the total required amount to a separate account within the
judges' retirement fund. Any unencumbered balance at the end of
the first year does not cancel, but is available for the second
year. Any unencumbered balance remaining on June 30 of the
second year of a biennium cancels and shall be credited to the
general fund.
Sec. 46. Minnesota Statutes 1991 Supplement, section
508.82, is amended to read:
508.82 [REGISTRAR'S FEES.]
The fees to be paid to the registrar shall be as follows:
(1) of the fees provided herein, five percent of the fees
collected under clauses (3), (4), (11), (13), (14), (15), (17),
(18), and (19), for filing or memorializing shall be paid to the
state treasurer and credited to the general fund; plus a $2
surcharge shall be charged and collected in addition to the
total fees charged for each transaction under clauses (2) to
(4), (6), (11), (13), (15), and (19), with 40 cents of this
surcharge to be retained by the county to cover its
administrative costs and $1.60 to be paid to the state treasury
and credited to the general fund;
(2) for registering each original certificate of title, and
issuing a duplicate of it, $30;
(3) for registering each instrument transferring the fee
simple title for which a new certificate of title is issued and
for the issuance and registration of the new certificate of
title, $30;
(4) for the entry of each memorial on a certificate and
endorsements upon duplicate certificates, $15;
(5) for issuing each mortgagee's or lessee's duplicate,
$10;
(6) for issuing each residue certificate, $20;
(7) for exchange certificates, $10 for each certificate
canceled and $10 for each new certificate issued;
(8) for each certificate showing condition of the register,
$10;
(9) for any certified copy of any instrument or writing on
file in the registrar's office, the same fees allowed by law to
county recorders for like services;
(10) for a noncertified copy of any instrument or writing
on file in the office of the registrar of titles, or any
specified page or part of it, an amount as determined by the
county board for each page or fraction of a page specified. If
computer or microfilm printers are used to reproduce the
instrument or writing, a like amount per image;
(11) for filing two copies of any plat in the office of the
registrar, $30;
(12) for any other service under this chapter, such fee as
the court shall determine;
(13) for issuing a duplicate certificate of title pursuant
to the directive of the examiner of titles in counties in which
the compensation of the examiner is paid in the same manner as
the compensation of other county employees, $50, plus $10 to
memorialize;
(14) for issuing a duplicate certificate of title pursuant
to the directive of the examiner of titles in counties in which
the compensation of the examiner is not paid by the county or
pursuant to an order of the court, $10;
(15) for filing a condominium plat or an amendment to it in
accordance with chapter 515, $30;
(16) for a copy of a condominium plat filed pursuant to
chapters 515 and 515A, the fee shall be $1 for each page of the
condominium plat with a minimum fee of $10;
(17) for filing a condominium declaration and plat or an
amendment to it in accordance with chapter 515A, $10 for each
certificate upon which the document is registered and $30 for
the filing of the condominium plat or an amendment thereto;
(18) for the filing of a certified copy of a plat of the
survey pursuant to section 508.23 or 508.671, $10;
(19) for filing a registered land survey in triplicate in
accordance with section 508.47, subdivision 4, $30;
(20) for furnishing a certified copy of a registered land
survey in accordance with section 508.47, subdivision 4, $10.
Sec. 47. Minnesota Statutes 1991 Supplement, section
508A.82, is amended to read:
508A.82 [REGISTRAR'S FEES.]
The fees to be paid to the registrar shall be as follows:
(1) of the fees provided herein, five percent of the fees
collected under clauses (3), (4), (11), (13), (14), (15), (17),
and (19), for filing or memorializing shall be paid to the state
treasurer and credited to the general fund; plus a $2 surcharge
shall be charged and collected in addition to the total fees
charged for each transaction under clauses (2) to (4), (6),
(11), (13), (15), and (19), with 40 cents of this surcharge to
be retained by the county to cover its administrative costs and
$1.60 to be paid to the state treasury and credited to the
general fund;
(2) for registering each original CPT, and issuing a
duplicate of it, $30;
(3) for registering each instrument transferring the fee
simple title for which a new CPT is issued and for the issuance
and registration of the new CPT, $30;
(4) for the entry of each memorial on a certificate and
endorsements upon duplicate CPTs, $15;
(5) for issuing each mortgagee's or lessee's duplicate,
$10;
(6) for issuing each residue CPT, $20;
(7) for exchange CPTs, $10 for each CPT canceled and $10
for each new CPT issued;
(8) for each certificate showing condition of the register,
$10;
(9) for any certified copy of any instrument or writing on
file in the registrar's office, the same fees allowed by law to
county recorders for like services;
(10) for a noncertified copy of any instrument or writing
on file in the office of the registrar of titles, or any
specified page or part of it, an amount as determined by the
county board for each page or fraction of a page specified. If
computer or microfilm printers are used to reproduce the
instrument or writing, a like amount per image;
(11) for filing two copies of any plat in the office of the
registrar, $30;
(12) for any other service under sections 508A.01 to
508A.85, the fee the court shall determine;
(13) for issuing a duplicate CPT pursuant to the directive
of the examiner of titles in counties in which the compensation
of the examiner is paid in the same manner as the compensation
of other county employees, $50, plus $10 to memorialize;
(14) for issuing a duplicate CPT pursuant to the directive
of the examiner of titles in counties in which the compensation
of the examiner is not paid by the county or pursuant to an
order of the court, $10;
(15) for filing a condominium plat or an amendment to it in
accordance with chapter 515, $30;
(16) for a copy of a condominium plat filed pursuant to
chapters 515 and 515A, the fee shall be $1 for each page of the
plat with a minimum fee of $10;
(17) for filing a condominium declaration and condominium
plat or an amendment to it in accordance with chapter 515A, $10
for each certificate upon which the document is registered and
$30 for the filing of the condominium plat or an amendment to
it;
(18) in counties in which the compensation of the examiner
of titles is paid in the same manner as the compensation of
other county employees, for each parcel of land contained in the
application for a CPT, as the number of parcels is determined by
the examiner, a fee which is reasonable and which reflects the
actual cost to the county, established by the board of county
commissioners of the county in which the land is located;
(19) for filing a registered land survey in triplicate in
accordance with section 508A.47, subdivision 4, $30;
(20) for furnishing a certified copy of a registered land
survey in accordance with section 508A.47, subdivision 4, $10.
Sec. 48. Minnesota Statutes 1990, section 609.131, is
amended by adding a subdivision to read:
Subd. 1a. [PETTY MISDEMEANOR SCHEDULE.] Prior to August 1,
1992, the conference of chief judges shall establish a schedule
of misdemeanors that shall be treated as petty misdemeanors. A
person charged with a violation that is on the schedule is not
eligible for court-appointed counsel.
Sec. 49. Minnesota Statutes 1990, section 609.5315, is
amended by adding a subdivision to read:
Subd. 6. [REPORTING REQUIREMENT.] The appropriate agency
shall provide a written record of each forfeiture incident to
the state auditor. The record shall include the amount
forfeited, date, and a brief description of the circumstances
involved. Reports shall be made on a monthly basis in a manner
prescribed by the state auditor. The state auditor shall report
annually to the legislature on the nature and extent of
forfeitures.
Sec. 50. Minnesota Statutes 1991 Supplement, section
611.27, subdivision 7, is amended to read:
Subd. 7. [PUBLIC DEFENDER SERVICES; RESPONSIBILITY.]
Notwithstanding subdivision 4, the state's obligation for the
costs of the public defender services is limited to the
appropriations made to the board of public defense. Services
and expenses beyond those appropriated for in cases where
adequate representation cannot be provided by the district
public defender shall be the responsibility of the counties
within a judicial district. Expenses shall be distributed among
the counties in proportion to their populations state board of
public defense.
Sec. 51. Minnesota Statutes 1990, section 611.27, is
amended by adding a subdivision to read:
Subd. 8. [PUBLIC DEFENDER SERVICES; STATE PUBLIC DEFENDER
REVIEW.] In a case where the chief district public defender does
not believe that the office can provide adequate representation
the chief public defender of the district shall immediately
notify the state public defender.
Sec. 52. Minnesota Statutes 1990, section 611.27, is
amended by adding a subdivision to read:
Subd. 9. [PUBLIC DEFENDER SERVICES; REQUEST TO THE COURT.]
The chief district public defender with the approval of the
state public defender may request that the chief judge of the
district court, or a district court judge designated by the
chief judge, authorize appointment of counsel other than the
district public defender in such cases.
Sec. 53. Minnesota Statutes 1990, section 611.27, is
amended by adding a subdivision to read:
Subd. 10. [PUBLIC DEFENDER SERVICES; NO PERMANENT STAFF.]
The chief public defender may not request the court nor may the
court order the addition of permanent staff under subdivision 7.
Sec. 54. Minnesota Statutes 1990, section 611.27, is
amended by adding a subdivision to read:
Subd. 11. [PUBLIC DEFENDER SERVICES; APPOINTMENT OF
COUNSEL.] If the court finds that the provision of adequate
legal representation, including associated services, is beyond
the ability of the district public defender to provide, the
court shall order counsel to be appointed, with compensation and
expenses to be paid under the provisions of this subdivision and
subdivision 7. Counsel in such cases shall be appointed by the
chief district public defender. If the court issues an order
denying the request, the court shall make written findings of
fact and conclusions of law. Upon denial, the chief district
public defender may immediately appeal the order denying the
request to the court of appeals and may request an expedited
hearing.
Sec. 55. Minnesota Statutes 1990, section 611.27, is
amended by adding a subdivision to read:
Subd. 12. [PUBLIC DEFENDER SERVICES; COMPENSATION AND
EXPENSES.] Counsel appointed under this subdivision shall
document the time worked and expenses incurred in a manner
prescribed by the chief district public defender.
Sec. 56. Minnesota Statutes 1990, section 611.27, is
amended by adding a subdivision to read:
Subd. 13. [PUBLIC DEFENSE SERVICES; CORRECTIONAL FACILITY
INMATES.] All billings for services rendered and ordered under
subdivision 7 shall require the approval of the chief district
public defender before being forwarded on a monthly basis to the
state public defender. In cases where adequate representation
cannot be provided by the district public defender and where
counsel has been appointed under a court order, the state public
defender shall forward to the commissioner of finance all
billings for services rendered under the court order. The
commissioner shall pay for services from county criminal justice
aid retained by the commissioner of revenue for that purpose
under section 477A.0121, subdivision 4.
The costs of appointed counsel and associated services in
cases arising from new criminal charges brought against indigent
inmates who are incarcerated in a Minnesota state correctional
facility are the responsibility of the state board of public
defense. In such cases the state public defender may follow the
procedures outlined in this section for obtaining court-ordered
counsel.
Sec. 57. Minnesota Statutes 1990, section 611.27, is
amended by adding a subdivision to read:
Subd. 14. [PUBLIC DEFENDER SERVICES; REPORT.] The state
public defender shall report to the legislature in the
supplemental budget or the biennial budget document the number
and costs of all successful petitions during the previous fiscal
year.
Sec. 58. [FINDINGS.]
The legislature finds that the state of Minnesota faces
immediate and serious financial problems. As a result, public
employers may have insufficient resources to maintain their work
forces at the current level. The legislature determines that
the public interest is best served if public employers' budgets
can be balanced without layoffs of public employees. This
section and section 59 are enacted as a temporary measure to
help solve the financial crisis facing units of state and local
government, while minimizing layoffs of public employees.
Sec. 59. [EMPLOYER-PAID HEALTH INSURANCE.]
Subdivision 1. [STATE EMPLOYEES.] A state employee, as
defined in Minnesota Statutes, section 43A.02, subdivision 21,
or an employee of the state university system, community college
system, higher education board, Minnesota state retirement
system, the teachers retirement association, or the public
employees retirement association, is eligible for state-paid
hospital, medical, and dental benefits if the person:
(1) is eligible for state-paid insurance under Minnesota
Statutes, section 43A.18, or other law;
(2) (i) has at least 25 years of service in the state civil
service as defined in Minnesota Statutes, section 43A.02,
subdivision 10; or (ii) has at least 25 years of service as an
employee of the Minnesota state retirement system, the teachers
retirement association, or the public employees retirement
association; or (iii) has at least 25 years of service credit in
the public pension plan that the person is a member of on the
day before retirement;
(3) upon retirement is immediately eligible for a
retirement annuity;
(4) is at least 55 and not yet 65 years of age; and
(5) retires on or after July 1, 1992, and before October 1,
1992.
During the biennium ending June 30, 1993, an executive
branch state agency may not hire a replacement for a person who
retires under this subdivision, except under conditions
specified by the commissioners of finance and employee relations.
Subd. 2. [OTHER PUBLIC EMPLOYEES.] The University of
Minnesota or the governing body of a city, county, school
district, joint vocational technical district formed under
Minnesota Statutes, sections 136C.60 to 136C.69, or other
political subdivision of the state may provide employer-paid
hospital, medical, and dental benefits to a person who:
(1) is eligible for employer-paid insurance under
collective bargaining agreements or personnel plans in effect on
the day before the effective date of this section;
(2) has at least 25 years of service credit in the public
pension plan that the person is a member of on the day before
retirement; or in the case of a teacher has a total of at least
25 years of service credit in the teachers retirement
association, a first-class city teacher retirement fund, or any
combination of these groups;
(3) upon retirement is immediately eligible for a
retirement annuity;
(4) is at least 55 and not yet 65 years of age; and
(5) in the case of a school district employee, retires on
or after May 15, 1992, and before July 21, 1992; and in the case
of an employee of another employer in this subdivision, retires
on or after July 1, 1992, and before October 1, 1992.
An employer that pays for insurance under this subdivision
may not exclude any eligible employees.
Subd. 3. [CONDITIONS; COVERAGE.] An employee who is
eligible both for the health insurance benefit under this
section and for an early retirement incentive under a collective
bargaining agreement or personnel plan established by the
employer must select either the early retirement incentive in
the collective bargaining agreement, personnel plan, or the
incentive provided under this section, but may not receive
both. For purposes of this section, a person retires when the
person terminates active employment and applies for retirement
benefits. The retired employee is eligible for single and
dependent coverages and employer payments to which the person
was entitled immediately before retirement, subject to any
changes in coverage and employer and employee payments through
collective bargaining or personnel plans, for employees in
positions equivalent to the position from which the employee
retired. The retired employee is not eligible for employer-paid
life insurance. Eligibility ceases when the retired employee
attains the age of 65, or when the employee chooses not to
receive the retirement benefits for which the employee has
applied, or when the employee is eligible for employer-paid
health insurance from a new employer. Coverages must be
coordinated with relevant health insurance benefits provided
through the federally sponsored Medicare program. Nothing in
this section obligates, limits, or otherwise affects the right
of the University of Minnesota to provide employer-paid
hospital, medical, dental benefits, and life insurance to any
person.
Subd. 4. [RULE OF 90.] An employee who retires under this
section using the rule of 90 must not be included in the
calculations required by Minnesota Statutes, section 356.85.
Subd. 5. [APPLICATION OF OTHER LAWS.] Unilateral
implementation of this section by a public employer is not an
unfair labor practice for purposes of Minnesota Statutes,
chapter 179A. The authority provided in this section for an
employer to pay health insurance costs for certain retired
employees is not subject to the limits in Minnesota Statutes,
section 179A.20, subdivision 2a.
Sec. 60. [REPEALER.]
Minnesota Statutes 1990, section 41A.051, is repealed.
Minnesota Statutes 1990, section 270.185, is repealed effective
January 1, 1993. On that date, any balance in the reassessment
account of the special revenue fund is transferred to the
general fund. The repeal of Minnesota Statutes 1991 Supplement,
section 326.991, provided for in Laws 1991, chapter 306, section
26, is postponed until July 31, 1994.
Sec. 61. [LAYOFFS.]
It is the policy of the legislature to maximize the
delivery of services to the public. If layoffs of state
employees as defined in Minnesota Statutes, chapter 43A, are
necessary in an agency with 50 or more employees, the agency
shall make an effort to reduce at least the same percentage of
management and supervisory personnel as line and support
personnel for the biennium ending June 30, 1993. This section
does not modify any employee rights contained in any other law
or collective bargaining agreement under Minnesota Statutes,
chapter 179A.
Sec. 62. [LEGISLATIVE INTENT.]
The amendments in this article to Minnesota Statutes,
sections 3.736, 16B.85, and 466.06, are intended to clarify,
rather than to change, the original intent of the statutes
amended.
Sec. 63. [EFFECTIVE DATE.]
This article is effective the day following final
enactment, except that sections 36, 37, 42, 43, 46, and 47, are
effective July 1, 1992.
Sections 26, 32, and 44 apply to cases pending or brought
on or after their effective date.
ARTICLE 5
HUMAN DEVELOPMENT
Section 1. [HUMAN DEVELOPMENT; APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another fund named, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "1992" and "1993," where used in this article, mean that
the appropriation or appropriations listed under them are
available for the year ending June 30, 1992, or June 30, 1993,
respectively. Where a dollar amount appears in parenthesis, it
means a reduction of an appropriation.
SUMMARY BY FUND
1992 1993 TOTAL
APPROPRIATION CHANGE
General ($1,799,000) $3,802,000 $2,003,000
Special Revenue 63,000 755,000 818,000
APPROPRIATIONS
Available for the Year
Ending June 30
1992 1993
Sec. 2. HUMAN SERVICES
Subdivision 1. Total General Fund
Appropriation 1,639,000 (2,497,000)
This appropriation is added to the
appropriation in Laws 1991, chapter
292, article 1, section 2.
For the fiscal year ending June 30,
1993, total state spending is offset by
$65,000,000 in provider payments
deposited in the general fund under the
broad-based health care provider tax
program.
The commissioner of finance shall
prepare a biennial budget for fiscal
years 1994-1995 that does not include
revenues from the provider surcharge
that exceed the estimated cost
associated with the Healthright
program. The commissioner of finance
shall also prepare a plan to phase out
the non-Healthright provider surcharges
by June 30, 1995.
Subd. 2. Human Services
Administration (2,150,000) (3,939,000)
Up to $500,000 may be transferred
within the department as the
commissioner considers necessary, with
the advance approval of the
commissioner of finance.
$75,000 is appropriated to the
commissioner for a cooperative project
with Alexandria technical college
regarding MAXIS data. If the
commissioner and the college jointly
develop a feasible project, the
commissioner may transfer the $75,000
to the college and may transfer summary
data from the MAXIS data system to the
college for the purpose of developing
graphic representation of the data for
legislative and executive branch use,
as requested, utilizing geographic
information systems. For purposes of
this section, summary data has the
meaning given it in Minnesota Statutes,
section 13.02, subdivision 19.
Subd. 3. Finance and Management
Administration -0- (180,000)
Subd. 4. Economic Support and
Services to the Elderly -0- (32,000)
Because nine percent or more of the
total preadmission screenings done for
a SAIL county under Minnesota Statutes,
section 256B.0917, subdivision 4, in
fiscal year 1991 were not listed in the
October 17, 1991, printing of OD-8043
(State of Minnesota, Department of
Human Services Long Term Care
Management Division, Preadmission
Screening Records for MA and Private
Pay Persons Reconciliation List) due to
computer error, the commissioner shall
make a one-time adjustment on May 1,
1992, to that county's fiscal year 1992
estimated number of preadmission
screenings by the actual number of
county-verified unlisted names.
Subd. 5. Services to Special
Needs Adults (2,803,000) (2,227,000)
Subd. 6. Economic Support and
Transition Services for Families
and Individuals (12,989,000) (11,611,000)
Unexpended fiscal year 1991 start work
grant funds may be used to pay fiscal
year 1991 work readiness services
obligations.
For the biennium ending June 30, 1993,
general assistance grant funds are
appropriated to the commissioner of
human services to cover the costs of
the refugee cash assistance and refugee
medical assistance programs that exceed
the federal fiscal year 1992
appropriation for those programs.
Federal funds received on or after
September 30, 1992, as reimbursement
for the federal fiscal year 1992
refugee cash assistance and refugee
medical assistance costs must be
deposited in the general assistance
grant account and are appropriated for
general assistance grants.
The commissioner shall transfer up to
$2,800,000 of state funds from the
basic sliding fee program to the AFDC
child care program to establish the
base for the non-STRIDE AFDC child care
program. The department shall make the
transfer over the biennium ending June
30, 1993. The amount of federal child
care and development block grant funds
committed to the basic sliding fee
program must be increased by an amount
equivalent to the transfer. The state
funds transferred to the AFDC child
care program will provide state
matching funds for additional federal
funds earned by the department pursuant
to Public Law Number 100-485.
Money appropriated for fiscal year 1992
for paying contract institutions fees
for cashing public assistance warrants
under Laws 1991, chapter 292, article
1, section 2, subdivision 4, does not
cancel, but is available for that
purpose in fiscal year 1993.
Any unexpended balance of the $50,000
appropriation in Laws 1991, chapter
292, article 1, section 2, subdivision
5, in fiscal year 1992 for
modifications to adult foster care
homes under provisions of Minnesota
Statutes 1991 Supplement, section
256B.0917, does not cancel and is
available for these purposes for fiscal
year 1993.
Subd. 7. Health Care for Families
and Individuals 23,026,000 24,108,000
A nursing facility downsized under
Minnesota Statutes, section 256B.431,
subdivision 2m, and ineligible for the
OBRA adjustments in Minnesota Statutes,
section 256B.431, subdivision 7, shall
receive a one-time state grant of
$50,600 to cover the up-front costs of
meeting OBRA requirements.
The commissioner of human services
shall submit a plan to the legislature
to downsize an existing 48 bed
intermediate care facility for persons
with mental retardation or related
conditions located in Dakota county.
The plan must include the projected
costs of the facility's rate adjustment
and the alternative services for the
residents being relocated, and the
impact of the downsizing of the
facility on the quality of care for
clients.
For fiscal year 1993, the commissioner
may transfer up to $250,000 from the
Minnesota supplemental aid grants
account to the medical assistance
grants account to reimburse the medical
assistance account for nursing facility
receivership costs incurred by
counties. These transfers must be made
from the account of the county of
financial responsibility for particular
receivership costs and in the amount of
individual county cost.
For the fiscal year ending June 30,
1993, $390,000 is transferred from
Minnesota supplemental aid group
residential housing grants to Rule 14
supported housing grants. This amount
represents Minnesota supplemental aid
payments for 170 unlicensed supported
housing beds which are permanently
removed from the group residential
housing census. These beds must not be
replaced by other group residential
housing agreements.
Up to $30,000 of the appropriation for
preadmission screening alternative care
for fiscal year 1992 contained in Laws
1991, chapter 292, article 1, section
2, subdivision 6, may be transferred to
the health care administration account
to pay the state's share of county
claims for conducting nursing home
assessments for persons with mental
illness or mental retardation as
required by Public Law Number 100-203.
For the fiscal year ending June 30,
1993, a newly constructed or newly
established intermediate care facility
for the mentally retarded that is
developed and financed during that
period shall not be subject to the
equity requirements in Minnesota
Statutes, section 256B.501, subdivision
11, paragraph (d), or Minnesota Rules,
part 9553.0060, subpart 3, item F,
provided that the provider's interest
rate does not exceed the interest rate
available through state agency tax
exempt financing.
The paragraph in Laws 1991, chapter
292, article 1, section 2, subdivision
9, providing for the implementation of
a reduced reimbursement rate for
therapy services provided by a physical
or occupational therapy assistant is
repealed. Services provided by a
physical therapy assistant shall be
reimbursed at the same rate as services
performed by a physical therapist when
the services of the physical therapy
assistant are provided under the
direction of a physical therapist who
is on the premises. Services provided
by a physical therapy assistant that
are provided under the direction of a
physical therapist who is not on the
premises shall be reimbursed at 65
percent of the physical therapist
rate. Services provided by an
occupational therapy assistant shall be
reimbursed at the same rate as services
performed by an occupational therapist
when the services of the occupational
therapy assistant are provided under
the direction of the occupational
therapist who is on the premises.
Services provided by an occupational
therapy assistant that are not provided
under the direction of an occupational
therapist who is not on the premises
shall be reimbursed at 65 percent of
the occupational therapist rate.
During the biennium ending June 30,
1993, the commissioner shall identify
long-term care providers with high
mortgage rates on existing debt and
work with them and their mortgagees or
other lenders to negotiate debt
refinancing at lower interest rates
that produce annual interest expense
savings under existing laws.
Effective for the biennium beginning
July 1, 1993, the commissioner shall
allocate sufficient home- and
community-based waivered service
openings and money to serve persons who
are being relocated from existing
intermediate care facilities for the
mentally retarded that are projected to
close and who otherwise would have been
required to be relocated into newly
developed intermediate care facilities
for the mentally retarded.
In the event that a large
community-based facility licensed under
Minnesota Rules, parts 9525.0215 to
9525.0355, for more than 16 beds but
not certified as an intermediate care
facility for persons with mental
retardation or related conditions
closes and alternative services for the
residents are necessary, the
commissioner may transfer on a
quarterly basis to the medical
assistance state account from each
affected county's community social
service allocation an amount equal to
the state share of medical assistance
reimbursement for residential and day
habilitation services funded by medical
assistance and provided to clients for
whom the county is financially
responsible.
For the fiscal year ending June 30,
1993, if a facility which is in
receivership under Minnesota Statutes,
section 245A.12 or 245A.13, is sold to
an unrelated organization: (a) the
facility shall be considered a newly
established facility for rate setting
purposes notwithstanding any provisions
to the contrary in Minnesota Statutes,
section 256B.501, subdivision 11; and
(b) the facility's historical basis for
the physical plant, land, and land
improvements for each facility must not
exceed the prior owner's aggregate
historical basis for these same assets
for each facility. The allocation of
the purchase price between land, land
improvements, and physical plant shall
be based on the real estate appraisal
using the depreciated replacement cost
method.
The number of home- and community-based
waiver openings used for persons with
mental retardation or related
conditions who are being discharged
from nursing homes shall not exceed 50
openings in fiscal year 1992 and 80
openings in fiscal year 1993.
The commissioner shall not spend money
to study and shall not implement a
system to pay hospitals under the
medical assistance and general
assistance medical care programs on a
peer grouping basis during the biennium
ending June 30, 1993.
The money appropriated to health care
management to increase federal medical
assistance reimbursement may not be
included in the base for the biennium
beginning July 1, 1993. The
commissioner shall request continued
funding based upon the results of the
increased effort to maximize federal
funding and shall include an evaluation
of those results when requesting
additional funding.
Before implementing the managed care
initiatives for people with
developmental disabilities or mental
illness, the commissioner shall report
to the chair of the house of
representatives human resources
division of the appropriations
committee and the chair of the senate
human resources division of the finance
committee regarding the proposed
program. The report should include the
number of people likely to be affected
by the program and the effects of the
proposal on the services they receive.
Fiscal information should be provided,
including the projected costs and
savings under the proposal for the
biennium ending June 30, 1995.
Effective January 1, 1993, and
contingent upon federal approval of
adding preplacement case management
activities for persons with mental
retardation or a related condition to
the state Medicaid plan under title XIX
of the Social Security Act, the
commissioner shall transfer $600,000 of
Community Social Services Act funds,
appropriated for grants for case
management established under Minnesota
Statutes, section 256E.14, to the state
medical assistance account. This
transfer is for the purpose of
providing funding through June 30,
1993, for the state match necessary for
preplacement activity.
The commissioner of human services may
implement demonstration projects
designed to create alternative delivery
systems for acute and long-term care
services to elderly and disabled
persons which provide increased
coordination, improve access to quality
services, and mitigate future cost
increases. Before implementing the
projects, the commissioner must provide
to the legislature information
regarding the projects, as part of the
department's fiscal year 1994-1995
biennial budget request. Demonstrations
affecting elderly persons must be
integrated with the provisions of
Minnesota Statutes 1991 Supplement,
section 256B.0917. The report must
address the feasibility of and time
lines for expansion of the projects or
similar projects as part of a
long-range strategy for reforming the
long-term care delivery system.
Subd. 8. State Operated Residential
Care for Special Needs Populations (3,445,000) (8,616,000)
For the fiscal year 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
cancel and is available until expended.
Notwithstanding Laws 1991, chapter 292,
article 1, section 2, subdivision 8,
the language contained in that
subdivision providing that receipts
received for the state-operated
community services program are
appropriated to the commissioner for
that purpose is of no effect. These
receipts are deposited and appropriated
to the commissioner as provided under
Minnesota Statutes, section 246.18.
Of the $700,000 reduction in regional
treatment center salary accounts,
$600,000 must be taken from the
regional treatment center appropriation
for central office administrative costs.
Notwithstanding Laws 1991, chapter 292,
article 1, section 2, subdivision 8,
regarding the transfer of facilities at
Faribault regional treatment center,
the commissioner of human services may
transfer the Birch facility to the
commissioner of corrections on July 1,
1992, the Willow facility on December
1, 1992, and the hospital facility upon
completion of the 34 skilled nursing
and ten infirmary bed annex at Rice
County District 1 Hospital.
The commissioner shall continue
utilizing the Brainerd regional laundry
to provide laundry services for the
regional treatment centers at Brainerd,
Cambridge, Fergus Falls, and Moose Lake
and the state nursing home at
Ah-Gwah-Ching unless an alternative
method is specifically authorized by
law. The commissioner shall not
contract with a private entity for
laundry services for any of these
facilities unless specifically
authorized by the legislature.
The commissioners of human services and
corrections and the veterans nursing
homes board shall continue utilizing
the Faribault regional laundry to
provide laundry services for the
Faribault regional treatment center,
the Anoka-metro regional treatment
center, the Minnesota correctional
facility at Faribault, and the veterans
homes at Minneapolis and Hastings
unless an alternative option is
specifically authorized by law. Any
other state agencies utilizing the
Faribault laundry shall also continue
to do so unless an alternative option
is authorized by law. The state
agencies named or referred to in this
paragraph shall not contract with a
private entity for laundry services for
any of these facilities unless
specifically authorized by the
legislature.
The commissioner of human services may
not limit admissions to any regional
treatment center or state-operated
nursing home, except as provided by law.
The commissioner shall use the fiscal
year 1993 appropriation for regional
treatment center programs to offset any
regional treatment center operating
deficit and to assure maintenance of
regional treatment center chemical
dependency programs, including
specialized chemical dependency
programs.
For the fiscal year ending June 30,
1992, the commissioner of finance is
authorized to transfer $4,100,000 from
the regional treatment centers chemical
dependency treatment enterprise fund
account to the general fund. Any
remaining unspent money in the account
does not cancel but is available for
the fiscal year ending June 30, 1993.
There shall be at least one complement
position in the department of human
services to provide staff support to
the state advisory council on mental
health in order to coordinate
activities with and provide technical
assistance to the local advisory
councils on mental health.
The commissioner of finance shall
transfer up to $1,750,000 annually from
the general fund to the enterprise fund
for the specific purpose of providing
for the cash flow requirements of the
chemical dependency programs operated
by the regional treatment centers. All
transfers are subject to the
commissioner's assessment of the amount
of funding needed for cash flow needs,
equivalent to two months of account
receivables and the ability of the
programs to repay the advances from
earnings. The chemical dependency
programs at the regional treatment
centers must repay any advances from
the general fund. The commissioner
shall report to the legislature by
January 1, 1993, regarding the
financial status of the chemical
dependency programs operated by the
regional treatment centers.
Subd. 9. Total Special Revenue Fund
Appropriation -0- 134,000
Sec. 3. MR/MH OMBUDSMAN -0- (50,000)
Sec. 4. VETERANS NURSING
HOMES BOARD
Total General
Fund Appropriation (116,000) (265,000)
The $300,000 reduction for the Luverne
veterans nursing home in fiscal year
1993 is a one-time reduction and does
not reduce the base for the 1994-1995
biennium.
Sec. 5. COMMISSIONER OF JOBS AND
TRAINING
Total General Fund
Appropriation -0- 1,325,000
This appropriation is added to the
appropriation in Laws 1991, chapter
292, article 1, section 5.
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 the money will be
matched by federal funds.
The commissioners of jobs and training,
human services, and finance in
consultation with extended employment
providers and day training and
habilitation providers shall develop a
plan for the programs of extended
employment and day training and
habilitation which will serve the
greatest number of individuals at an
appropriate level within the current
state appropriation. Staff of the
governor and the legislature must be
consulted in developing this plan.
This plan must be delivered to the
governor by December 1, 1992.
Recommendations from the plan may be
used in setting the 1994-1995 biennial
budget.
The additional funding for the head
start program must be distributed as
provided in Minnesota Statutes, section
268.914, subdivision 1, paragraph (a),
and must not be used for innovative
programs under Minnesota Statutes,
section 268.914, subdivision 1,
paragraph (b), or service expansion
grants under Minnesota Statutes,
section 268.914, subdivision 2.
The appropriation for the head start
program in Laws 1991, chapter 292,
article 1, section 5, subdivision 3,
for fiscal year 1993 must be used to
fund center-based head start programs
that received service expansion grants
in fiscal year 1992 at the same level
as fiscal year 1992 plus any additional
amounts based upon formula allocations
of state and federal funds. The
additional funds provided to a grantee
under Minnesota Statutes, section
268.914, subdivision 2, in fiscal year
1992 must be considered part of the
grantee's funding base for future
formula allocations of state and
federal funds.
Sec. 6. CORRECTIONS
Total General Fund Appropriation (1,500,000) 4,450,000
This appropriation is added to the
appropriation in Laws 1991, chapter
292, article 1, section 6.
$1,500,000 in the community correction
act account shall not carry forward but
shall cancel to the general fund. Any
remaining balance in the account that
does not cancel to the general fund and
is not held for counties is
appropriated to the commissioner.
Of this appropriation, $3,450,000 is
for operating costs at the correctional
facility at Faribault to meet expanding
capacity and population requirements.
This appropriation is contingent on
authorization by the legislature and
the governor for the commissioner of
finance to issue general obligation
bonds in fiscal year 1993 to remodel
and renovate two additional living
units to house up to 160 inmates, and
the transfer of administrative
authority for the same space from the
commissioner of human services to the
commissioner of corrections.
Sec. 7. HEALTH
Subdivision 1. Total General
Fund Appropriation (1,072,000) 871,000
This appropriation is added to the
appropriation in Laws 1991, chapter
292, article 1, section 9.
The commissioner shall postpone
administration of the Minnesota
department of health residential care
home rule until fiscal year 1995.
The commissioner must report to the
legislature by February 15, 1993, on
options for home care licensure fees
and their impact on home care providers.
Notwithstanding Laws 1985, First
Special Session chapter 14, article 19,
section 19, subdivision 8, of the
unobligated balance in the Maternal and
Child Health account, $400,000 shall
cancel to the general fund.
The commissioner of health shall
contract with a nonprofit organization
in the area of urinary incontinence
assessment and management to conduct a
demonstration relating to the potential
for improving the quality of life of
nursing home residents and for cost
savings through improved assessment and
management of urinary incontinence in
nursing homes. The demonstration shall
include the development of a treatment
protocol by medical professionals, the
evaluation and assessment of volunteer
patients in nursing homes who are
incontinent, the application of
appropriate treatment and management
practices as prescribed by the
treatment protocol, and analysis of the
quality of life and economic and
medical benefits of the demonstration.
The commissioner shall report results
of the demonstration to the legislature
not later than February 1, 1994.
$50,000 is appropriated to the
commissioner for purposes of the
demonstration. This money shall be
available only upon the showing by the
contract recipient that it has $250,000
of matching private funds and in-kind
services for purposes of the
demonstration.
The unobligated balance of the $45,000
appropriated from the state government
special revenue fund in Laws 1991,
chapter 292, article 1, section 9,
subdivision 3, for the physician
assistant registration rules shall not
cancel, but shall be available until
June 30, 1993.
Notwithstanding the provisions of
Minnesota Statutes, sections 144.122
and 144.53, the commissioner of health
shall increase the annual licensure fee
charged to a hospital accredited by the
joint commission on accreditation of
health care organizations by $520 and
shall increase the annual licensure fee
charged to nonaccredited hospitals by
$225.
In determining base adjustments for the
volunteer ambulance training
reimbursement, the commissioner of
finance shall carry forward as a
permanent reduction only $20,000.
$40,000 is appropriated from the
general fund for the fiscal year ending
June 30, 1993, to the commissioner of
health for local deliverers of the WIC
program to purchase federally
authorized nutritional supplements
requiring no refrigeration or cooking
to be distributed to eligible women and
children who are homeless or living in
temporary or emergency shelter.
$5,000 is appropriated to the
commissioner of health. The
commissioner shall use this money to
prepare and distribute materials
designed to provide information to
retail business on the requirements of
Minnesota Statutes, sections 145.385 to
145.40.
The health department will closely
monitor the water testing program and
report on the actual funds expended.
The department shall work with affected
local units of government to determine
the most cost-effective manner for
financing the program. The
commissioner shall report to the
legislature by January 15, 1993, on
these matters.
The legislative commission on water
shall investigate and recommend
alternative future funding sources for
the water testing program. They shall
include, but not be limited to,
volume-based fees, expansion of fees to
nonmunicipal water systems, a statewide
water testing fund, caps on total fees
for municipalities, and use of general
fund sources.
The health department shall work with
the legislative water commission to
investigate ways to incorporate
technical colleges, agricultural
extension agents, and others to develop
an alternative approach to testing.
They shall also look at approaches used
in other states.
Subd. 2. Total Special Revenue
Fund Appropriation 10,000 201,000
Of this appropriation, $70,000 is for
two positions and support costs to
develop a licensing and certifying
program described below. The
commissioner shall apply for federal
grants for the purpose of lead
abatement and report annually to the
legislature the level of such grants to
Minnesota and the expected receipt of
such grants the next year.
To perform abatement as defined in
Minnesota Statutes, section 144.871,
subdivision 2, abatement contractors
must be licensed and their employees
must be certified by the commissioner.
The commissioner must adopt rules that
establish criteria for issuing,
suspending, and revoking for cause
licenses and certificates. The
commissioner must establish, collect,
and deposit into the state government
special revenue fund fees to pay for
the cost of administering lead
abatement licensing and certifying.
Sec. 8. HEALTH RELATED BOARDS
Subdivision 1. Total Special
Revenue Fund Appropriation 53,000 420,000
The boards of medical practice,
dentistry, nursing, and podiatric
medicine shall increase fees to recover
the cost of the appropriations for the
reporting and monitoring of health care
workers infected with the human
immunodeficiency virus (HIV) or
hepatitis B virus.
Subd. 2. Board of Social Work
16,000 28,000
Subd. 3. Board of Psychology
37,000 185,000
Subd. 4. Board of Chiropractic
Examiners
-0- 14,000
Subd. 5. Board of Dentistry
-0- 11,000
Subd. 6. Board of Medical Practice
-0- 94,000
Subd. 7. Board of Nursing
-0- 86,000
Subd. 8. Board of Podiatric
Medicine
-0- 2,000
Sec. 9. COMMISSIONER OF
HOUSING FINANCE AGENCY (750,000) -0-
Notwithstanding Laws 1991, chapter 292,
article 1, section 17, for the biennium
ending June 30, 1993, $225,000 is
available each year for the urban
Indian housing program and $187,000
each year for the urban and rural
homesteading program.
$750,000 the second year is for a
demonstration project to remove
blighted residential property under
Minnesota Statutes, section 462A.05,
subdivision 37, that is multiple-unit
rental property. The agency shall
report to the legislature by January
15, 1993, on the results of the
demonstration project.
Sec. 10. HUMAN RIGHTS -0- (32,000)
Sec. 11. Minnesota Statutes 1990, section 237.701,
subdivision 1, is amended to read:
Subdivision 1. [TELEPHONE ASSISTANCE FUND.] The telephone
assistance fund is created as a separate account in the state
treasury to consist of amounts received by the department of
administration representing the surcharge authorized by section
237.70, subdivision 6, and amounts earned on the fund assets.
Money in the fund may be used only for:
(1) reimbursement to telephone companies for expenses and
credits allowed in section 237.70, subdivision 7, paragraph (d),
clause (5);
(2) reimbursement of the administrative expenses of the
department of human services to implement sections 237.69 to
237.71, not to exceed $180,000 $314,000 annually; and
(3) reimbursement of the administrative expenses of the
commission not to exceed $25,000 annually.
Sec. 12. [EFFECTIVE DATE.]
This article is effective the day following final enactment.
ARTICLE 6
HEALTH DEPARTMENT
Section 1. Minnesota Statutes 1990, section 144.122, is
amended to read:
144.122 [LICENSE AND PERMIT FEES.]
(a) The state commissioner of health, by rule, may
prescribe reasonable procedures and fees for filing with the
commissioner as prescribed by statute and for the issuance of
original and renewal permits, licenses, registrations, and
certifications issued under authority of the commissioner. The
expiration dates of the various licenses, permits,
registrations, and certifications as prescribed by the rules
shall be plainly marked thereon. Fees may include application
and examination fees and a penalty fee for renewal applications
submitted after the expiration date of the previously issued
permit, license, registration, and certification. The
commissioner may also prescribe, by rule, reduced fees for
permits, licenses, registrations, and certifications when the
application therefor is submitted during the last three months
of the permit, license, registration, or certification period.
Fees proposed to be prescribed in the rules shall be first
approved by the department of finance. All fees proposed to be
prescribed in rules shall be reasonable. The fees shall be in
an amount so that the total fees collected by the commissioner
will, where practical, approximate the cost to the commissioner
in administering the program. All fees collected shall be
deposited in the state treasury and credited to the general fund
unless otherwise specifically appropriated by law for specific
purposes.
(b) The commissioner may charge a fee for voluntary
certification of medical laboratories and environmental
laboratories, and for environmental and medical laboratory
services provided by the department, without complying with
paragraph (a) or chapter 14. Fees charged for environment and
medical laboratory services provided by the department must be
approximately equal to the costs of providing the services.
(c) The commissioner may develop a schedule of fees for
diagnostic evaluations conducted at clinics held by the services
for children with handicaps program. All receipts generated by
the program are annually appropriated to the commissioner for
use in the maternal and child health program.
(d) The commissioner, for fiscal years 1993 and beyond,
shall set license fees for hospitals and nursing homes that are
not boarding care homes at a level sufficient to recover, over a
two-year period, the deficit associated with the collection of
license fees from these facilities. The license fees for these
facilities shall be set at the following levels:
Joint Commission on Accreditation of Healthcare
Organizations (JCAHO hospitals) $2,142
Non-JCAHO hospitals $2,228 plus $138 per bed
Nursing home $324 plus $76 per bed
For fiscal years 1993 and beyond, the commissioner shall
set license fees for outpatient surgical centers, boarding care
homes, and supervised living facilities at a level sufficient to
recover, over a four-year period, the deficit associated with
the collection of license fees from these facilities. The
license fees for these facilities shall be set at the following
levels:
Outpatient surgical centers $1,645
Boarding care homes $249 plus $58 per bed
Supervised living facilities $249 plus $58 per bed.
Sec. 2. Minnesota Statutes 1990, section 144.123,
subdivision 2, is amended to read:
Subd. 2. [RULES FOR FEE AMOUNTS.] The commissioner of
health shall promulgate rules, in accordance with chapter 14,
which shall specify the amount of the handling fee prescribed in
subdivision 1. The fee shall approximate the costs to the
department of handling specimens including reporting, postage,
specimen kit preparation, and overhead costs. The fee
prescribed in subdivision 1 shall be $5 $15 per specimen until
the commissioner promulgates rules pursuant to this subdivision.
Sec. 3. [144.3831] [FEES.]
Subdivision 1. [FEE SETTING.] The commissioner of health
may assess an annual fee of $5.21 for every service connection
to a public water supply that is owned or operated by a home
rule or charter city, a statutory city, a city of the first
class, or a town. The commissioner of health may also assess an
annual fee for every service connection served by a water user
district defined in section 110A.02.
Subd. 2. [COLLECTION AND PAYMENT OF FEE.] The public water
supply described in subdivision 1 shall:
(1) collect the fees assessed on its service connections;
(2) pay the department of revenue an amount equivalent to
the fees based on the total number of service connections. The
service connections for each public water supply described in
subdivision 1 shall be verified every four years by the
department of health; and
(3) pay one-fourth of the total yearly fee to the
department of revenue each calendar quarter. The first
quarterly payment is due on or before September 30, 1992. In
lieu of quarterly payments, a public water supply described in
subdivision 1 with fewer than 50 service connections may make a
single annual payment by June 30 each year, starting in 1993.
The fees payable to the department of revenue shall be deposited
in the state treasury as nondedicated general fund revenues.
Subd. 3. [LATE FEE.] The public water supply described in
subdivision 1 shall pay a late fee in the amount of five percent
of the amount of the fees due from the public water supply if
the fees due from the public water supply are not paid within 30
days of the payment dates in subdivision 2, clause (3). The
late fee that the public water supply shall pay shall be
assessed only on the actual amount collected by the public water
supply through fees on service connections.
Sec. 4. Minnesota Statutes 1991 Supplement, section
144.50, subdivision 6, is amended to read:
Subd. 6. [SUPERVISED LIVING FACILITY LICENSES.] (a) The
commissioner may license as a supervised living facility a
facility seeking medical assistance certification as an
intermediate care facility for persons with mental retardation
or related conditions for four or more persons as authorized
under section 252.291.
(b) Class B supervised living facilities seeking medical
assistance certification as an intermediate care facility for
persons with mental retardation or related conditions shall be
classified as follows for purposes of the state building code:
(1) Class B supervised living facilities for six or less
persons must meet Group R, Division 3, occupancy requirements;
and
(2) Class B supervised living facilities for seven to 16
persons must meet Group R, Division 1, occupancy requirements.
(c) Class B facilities classified under paragraph (b),
clauses (1) and (2), must meet the fire protection provisions of
chapter 21 of the 1985 life safety code, NFPA 101, for
facilities housing persons with impractical evacuation
capabilities, except that Class B facilities licensed prior to
July 1, 1990, need only continue to meet institutional fire
safety provisions. Class B supervised living facilities shall
provide the necessary physical plant accommodations to meet the
needs and functional disabilities of the residents. For Class B
supervised living facilities licensed after July 1, 1990, and
housing nonambulatory or nonmobile persons, the corridor access
to bedrooms, common spaces, and other resident use spaces must
be at least five feet in clear width, except that a waiver may
be requested in accordance with Minnesota Rules, part 4665.0600.
(d) The commissioner may license as a Class A supervised
living facility a residential program for chemically dependent
individuals that allows children to reside with the parent
receiving treatment in the facility. The licensee of the
program shall be responsible for the health, safety, and welfare
of the children residing in the facility. The facility in which
the program is located must be provided with a sprinkler system
approved by the state fire marshal. The licensee shall also
provide additional space and physical plant accommodations
appropriate for the number and age of children residing in the
facility. For purposes of license capacity, each child residing
in the facility shall be considered to be a resident.
Sec. 5. Minnesota Statutes 1990, section 144A.43,
subdivision 3, is amended to read:
Subd. 3. [HOME CARE SERVICE.] "Home care service" means
any of the following services when delivered in a place of
residence to a person whose illness, disability, or physical
condition creates a need for the service:
(1) nursing services, including the services of a home
health aide;
(2) personal care services not included under sections
148.171 to 148.285;
(3) physical therapy;
(4) speech therapy;
(5) respiratory therapy;
(6) occupational therapy;
(7) nutritional services;
(8) home management services when provided to a person who
is unable to perform these activities due to illness,
disability, or physical condition. Home management services
include at least two of the following services: housekeeping,
meal preparation, laundry, and shopping, and other similar
services;
(9) medical social services;
(10) the provision of medical supplies and equipment when
accompanied by the provision of a home care service;
(11) the provision of a hospice program as specified in
section 144A.48; and
(12) other similar medical services and health-related
support services identified by the commissioner in rule.
Sec. 6. Minnesota Statutes 1990, section 144A.43,
subdivision 4, is amended to read:
Subd. 4. [HOME CARE PROVIDER.] "Home care provider" means
an individual, organization, association, corporation, unit of
government, or other entity that is regularly engaged in the
delivery, directly or by contractual arrangement, of home care
services for a fee. At least one home care service must be
provided directly, although additional home care services may be
provided by contractual arrangements. "Home care provider"
includes a hospice program defined in section 144A.48. "Home
care provider" does not include:
(1) any home care or nursing services conducted by and for
the adherents of any recognized church or religious denomination
for the purpose of providing care and services for those who
depend upon spiritual means, through prayer alone, for healing;
(2) an individual who only provides services to a relative;
(3) an individual not connected with a home care provider
who provides assistance with home management services or
personal care needs if the assistance is provided primarily as a
contribution and not as a business;
(4) an individual not connected with a home care provider
who shares housing with and provides primarily housekeeping or
homemaking services to an elderly or disabled person in return
for free or reduced-cost housing;
(5) an individual or agency providing home-delivered meal
services;
(6) an agency providing senior companion services and other
older American volunteer programs established under the Domestic
Volunteer Service Act of 1973, Public Law Number 98-288;
(7) an individual or agency that only provides chore,
housekeeping, or child care services which do not involve the
provision of home care services;
(8) an employee of a nursing home licensed under this
chapter who provides emergency services to individuals residing
in an apartment unit attached to the nursing home;
(9) (8) a member of a professional corporation organized
under sections 319A.01 to 319A.22 that does not regularly offer
or provide home care services as defined in subdivision 3;
(10) (9) the following organizations established to provide
medical or surgical services that do not regularly offer or
provide home care services as defined in subdivision 3: a
business trust organized under sections 318.01 to 318.04, a
nonprofit corporation organized under chapter 317A, a
partnership organized under chapter 323, or any other entity
determined by the commissioner;
(11) (10) an individual or agency that provides medical
supplies or durable medical equipment, except when the provision
of supplies or equipment is accompanied by a home care
service; or
(12) (11) an individual licensed under chapter 147; or
(12) an individual who provides home care services to a
person with a developmental disability who lives in a place of
residence with a family, foster family, or primary caregiver.
Sec. 7. Minnesota Statutes 1991 Supplement, 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. 8. Minnesota Statutes 1991 Supplement, section
144A.46, subdivision 2, is amended to read:
Subd. 2. [EXEMPTIONS.] The following individuals or
organizations are exempt from the requirement to obtain a home
care provider license:
(1) a person who is licensed as a registered nurse under
sections 148.171 to 148.285 and who independently provides
nursing services in the home without any contractual or
employment relationship to a home care provider or other
organization;
(2) a personal care assistant who provides services under
the medical assistance program as authorized under sections
256B.0625, subdivision 19, and 256B.04, subdivision 16;
(3) a person or organization that exclusively offers,
provides, or arranges for personal care assistant services under
the medical assistance program as authorized under sections
256B.0625, subdivision 19, and 256B.04, subdivision 16;
(4) a person who is registered under sections 148.65 to
148.78 and who independently provides physical therapy services
in the home without any contractual or employment relationship
to a home care provider or other organization;
(5) a person who provides services to a person with mental
retardation under a program of a provider that is licensed by
the commissioner of human services to provide semi-independent
living services regulated by under Minnesota Rules, parts
9525.0500 to 9525.0660 when providing home care services to a
person with a developmental disability; or
(6) a person who provides services to a person with mental
retardation under contract with a county provider that is
licensed by the commissioner of human services to provide home
home- and community-based services that are reimbursed under the
medical assistance program, chapter 256B, and regulated by
Minnesota Rules, parts 9525.1800 9525.2000 to 9525.1930
9525.2140 when providing home care services to a person with a
developmental disability; or
(7) a person or organization that provides only home
management services, if the person or organization is registered
under section 5.
An exemption under this subdivision does not excuse the
individual from complying with applicable provisions of the home
care bill of rights.
Sec. 9. Minnesota Statutes 1990, section 144A.46,
subdivision 5, is amended to read:
Subd. 5. [PRIOR CRIMINAL CONVICTIONS.] An applicant for a
home care provider license shall disclose to the commissioner
all criminal convictions of persons involved in the management,
operation, or control of the provider. A home care provider
shall require employees of the provider and applicants for
employment in positions that involve contact with recipients of
home care services to disclose all criminal convictions. (a) All
persons who have or will have direct contact with clients,
including the home care provider, employees of the provider, and
applicants for employment shall be required to disclose all
criminal convictions. The commissioner may adopt rules that may
require a person who must disclose criminal convictions under
this subdivision to provide fingerprints and releases that
authorize law enforcement agencies, including the bureau of
criminal apprehension and the federal bureau of investigation,
to release information about the person's criminal convictions
to the commissioner and home care providers. The bureau of
criminal apprehension, county sheriffs, and local chiefs of
police shall, if requested, provide the commissioner with
criminal conviction data available from local, state, and
national criminal record repositories, including the criminal
justice data communications network. No person may be employed
by a home care provider in a position that involves contact with
recipients of home care services nor may any person be involved
in the management, operation, or control of a provider, if the
person has been convicted of a crime that relates to the
provision of home care services or to the position, duties, or
responsibilities undertaken by that person in the operation of
the home care provider, unless the person can provide sufficient
evidence of rehabilitation. The commissioner shall adopt rules
for determining what types of employment positions, including
volunteer positions, involve contact with recipients of home
care services, and whether a crime relates to home care services
and what constitutes sufficient evidence of rehabilitation. The
rules must require consideration of the nature and seriousness
of the crime; the relationship of the crime to the purposes of
home care licensure and regulation; the relationship of the
crime to the ability, capacity, and fitness required to perform
the duties and discharge the responsibilities of the person's
position; mitigating circumstances or social conditions
surrounding the commission of the crime; the length of time
elapsed since the crime was committed; the seriousness of the
risk to the home care client's person or property; and other
factors the commissioner considers appropriate. Data collected
under this subdivision shall be classified as private data under
section 13.02, subdivision 12.
(b) Termination of an employee in good faith reliance on
information or records obtained under paragraph (a) regarding a
confirmed conviction does not subject the home care provider to
civil liability or liability for unemployment compensation
benefits.
Sec. 10. [144A.461] [REGISTRATION.]
A person or organization that provides only home management
services defined as home care services under section 144A.43,
subdivision 3, clause (8), may not operate in the state without
a current certificate of registration issued by the commissioner
of health. To obtain a certificate of registration, the person
or organization must annually submit to the commissioner the
name, address, and telephone number of the person or
organization and a signed statement declaring that the person or
organization is aware that the home care bill of rights applies
to their clients and that the person or organization will comply
with the bill of rights provisions contained in section
144A.44. A person who provides home management services under
this section must, within 120 days after beginning to provide
services, attend an orientation session approved by the
commissioner that provides training on the bill of rights and an
orientation on the aging process and the needs and concerns of
elderly and disabled persons. An organization applying for a
certificate must also provide the name, business address, and
telephone number of each of the individuals responsible for the
management or direction of the organization. The commissioner
shall charge an annual registration fee of $20 for individuals
and $50 for organizations. A home care provider that provides
home management services and other home care services must be
licensed, but licensure requirements other than the home care
bill of rights do not apply to those employees or volunteers who
provide only home management services to clients who do not
receive any other home care services from the provider. A
licensed home care provider need not be registered as a home
management service provider, but must provide an orientation on
the home care bill of rights to its employees or volunteers who
provide home management services. The commissioner may suspend
or revoke a provider's certificate of registration or assess
fines for violation of the home care bill of rights. Any fine
assessed for a violation of the bill of rights by a provider
registered under this section shall be in the amount established
in the licensure rules for home care providers. As a condition
of registration, a provider must cooperate fully with any
investigation conducted by the commissioner, including providing
specific information requested by the commissioner on clients
served and the employees and volunteers who provide services.
The commissioner may use any of the powers granted in sections
144A.43 to 144A.49 to administer the registration system and
enforce the home care bill of rights under this section.
Sec. 11. Minnesota Statutes 1991 Supplement, 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 4, is amended to read:
Subd. 4. "Health care provider" means any professional
licensed by the state to provide medical or health care services
who does provide the services to a resident of a health facility
or a residential care home.
Sec. 13. Minnesota Statutes 1991 Supplement, 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. 14. Minnesota Statutes 1990, section 144A.51,
subdivision 6, is amended to read:
Subd. 6. "Resident" means any resident or patient of a
health facility or a residential care home, or a consumer of
services provided by a home care provider, or the guardian or
conservator of the resident, patient, or consumer, if one has
been appointed.
Sec. 15. Minnesota Statutes 1990, section 144A.52,
subdivision 3, is amended to read:
Subd. 3. The director may delegate to members of the staff
any of the authority or duties of the director except the duty
of formally making recommendations to the legislature,
administrative agencies, health facilities, residential care
homes, health care providers, home care providers, and the state
commissioner of health.
Sec. 16. Minnesota Statutes 1990, section 144A.52,
subdivision 4, is amended to read:
Subd. 4. The director shall attempt to include staff
persons with expertise in areas such as law, health care, social
work, dietary needs, sanitation, financial audits, health-safety
requirements as they apply to health facilities, residential
care homes, and any other relevant fields. To the extent
possible, employees of the office shall meet federal training
requirements for health facility surveyors.
Sec. 17. Minnesota Statutes 1991 Supplement, 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 residential care homes, 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, residential care home, 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, a residential care home, 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 or
residential care home 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 home or the activities of a patient or resident
unless the patient or resident consents.
(f) Issue correction orders and assess civil fines pursuant
to section 144.653 or any other law which provides for the
issuance of correction orders to health facilities or home care
provider, or under section 144A.45. A facility's or home'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 or
residential care homes in the enforcement of their rights under
Minnesota law.
(i) Work with administrative agencies, health facilities,
home care providers, residential care homes, 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. 18. Minnesota Statutes 1990, section 144A.53,
subdivision 2, is amended to read:
Subd. 2. [COMPLAINTS.] The director may receive a
complaint from any source concerning an action of an
administrative agency, a health care provider, a home care
provider, a residential care home, or a health facility. The
director may require a complainant to pursue other remedies or
channels of complaint open to the complainant before accepting
or investigating the complaint.
The director shall keep written records of all complaints
and any action upon them. After completing an investigation of
a complaint, the director shall inform the complainant, the
administrative agency having jurisdiction over the subject
matter, the health care provider, the home care provider, the
residential care home, and the health facility of the action
taken.
Sec. 19. Minnesota Statutes 1990, section 144A.53,
subdivision 3, is amended to read:
Subd. 3. [RECOMMENDATIONS.] If, after duly considering a
complaint and whatever material the director deems pertinent,
the director determines that the complaint is valid, the
director may recommend that an administrative agency, a health
care provider, a home care provider, a residential care home, or
a health facility should:
(a) Modify or cancel the actions which gave rise to the
complaint;
(b) Alter the practice, rule or decision which gave rise to
the complaint;
(c) Provide more information about the action under
investigation; or
(d) Take any other step which the director considers
appropriate.
If the director requests, the administrative agency, a
health care provider, a home care provider, residential care
home, or health facility shall, within the time specified,
inform the director about the action taken on a recommendation.
Sec. 20. Minnesota Statutes 1990, section 144A.53,
subdivision 4, is amended to read:
Subd. 4. [REFERRAL OF COMPLAINTS.] If a complaint received
by the director relates to a matter more properly within the
jurisdiction of an occupational licensing board or other
governmental agency, the director shall forward the complaint to
that agency and shall inform the complaining party of the
forwarding. The agency shall promptly act in respect to the
complaint, and shall inform the complaining party and the
director of its disposition. If a governmental agency receives
a complaint which is more properly within the jurisdiction of
the director, it shall promptly forward the complaint to the
director, and shall inform the complaining party of the
forwarding. If the director has reason to believe that an
official or employee of an administrative agency, a home care
provider, residential care home, or health facility has acted in
a manner warranting criminal or disciplinary proceedings, the
director shall refer the matter to the state commissioner of
health, the commissioner of human services, an appropriate
prosecuting authority, or other appropriate agency.
Sec. 21. Minnesota Statutes 1990, section 144A.54,
subdivision 1, is amended to read:
Subdivision 1. Except as otherwise provided by this
section, the director may determine the form, frequency, and
distribution of the conclusions and recommendations. The
director shall transmit the conclusions and recommendations to
the state commissioner of health and the legislature. Before
announcing a conclusion or recommendation that expressly or by
implication criticizes an administrative agency, a health care
provider, a home care provider, a residential care home, or a
health facility, the director shall consult with that agency,
health care provider, home care provider, home, or facility.
When publishing an opinion adverse to an administrative agency,
a health care provider, a home care provider, a residential care
home, or a health facility, the director shall include in the
publication any statement of reasonable length made to the
director by that agency, health care provider, home care
provider, residential care home, or health facility in defense
or explanation of the action.
Sec. 22. Minnesota Statutes 1991 Supplement, section
144A.61, subdivision 3a, is amended to read:
Subd. 3a. [COMPETENCY EVALUATION PROGRAM.] The
commissioner of health shall approve the competency evaluation
program. A competency evaluation must be administered to
nursing assistants who desire to be listed in the nursing
assistant registry and who have done one of the following: (1)
completed an approved training program; (2) been listed on the
nursing assistant registry maintained by another state; or (3)
completed a training program in nursing assistant skills other
than the approved course. The tests may only be administered by
technical colleges, community colleges, or other organizations
approved by the department of health. After January 1, 1992, A
competency evaluation for a person, other than an individual
enrolled in a licensed nurse education program, who has not
completed an approved nursing assistant training program, must
include an evaluation of all clinical skills.
Sec. 23. Minnesota Statutes 1991 Supplement, section
144A.61, subdivision 6a, is amended to read:
Subd. 6a. [NURSING ASSISTANTS HIRED IN 1990 AND AFTER.]
Each nursing assistant hired to work in a nursing home or in a
certified boarding care home on or after January 1, 1990, must
have successfully completed an approved competency
evaluation prior to employment or an approved nursing assistant
training program and competency evaluation within four months
from the date of employment.
Sec. 24. Minnesota Statutes 1991 Supplement, section
144B.01, subdivision 5, is amended to read:
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 three or more meals per day and where at
least two or more supportive services or at least one
health-related service are provided or offered to all residents
by the facility home. A residential care home is not required
to offer every supportive or health-related service. 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 the provisions of Minnesota Rules,
parts 9530.4100 to 9530.4450;
(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; and
(5) a board or lodging establishment which serves as a
shelter for battered women or other similar purpose.
Sec. 25. Minnesota Statutes 1991 Supplement, section
144B.01, subdivision 6, is amended to read:
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 handling personal funds of
residents, 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. 26. Minnesota Statutes 1991 Supplement, section
144B.01, is amended by adding a subdivision to read:
Subd. 7. [HEALTH-RELATED SERVICES.] "Health-related
services" include provision of or arrangement, if needed, of
assistance with walking, grooming, dressing, eating, bathing,
toileting, storing medications, providing reminders to take
medications, administering medications, and other services
identified by the commissioner in rule.
Sec. 27. Minnesota Statutes 1991 Supplement, section
144B.10, subdivision 2, is amended to read:
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 three years.
Sec. 28. Minnesota Statutes 1991 Supplement, section
147.03, is amended to read:
147.03 [LICENSURE BY ENDORSEMENT; RECIPROCITY; TEMPORARY
PERMIT.]
Subdivision 1. [ENDORSEMENT; RECIPROCITY.] (a) The board,
with the consent of six of its members, may issue a license to
practice medicine to any person who satisfies the following
requirements: in paragraphs (b) to (f).
(a) (b) The applicant shall satisfy all the requirements
established in section 147.02, subdivision 1, paragraphs (a),
(b), (d), (e), and (f).
(b) (c) The applicant shall:
(1) within ten years prior to application have passed an
examination prepared and graded by the Federation of State
Medical Boards, the National Board of Medical Examiners, the
National Board of Osteopathic Examiners, or the Medical Council
of Canada; or
(2) have a current license from the equivalent licensing
agency in another state or Canada; and either:
(i) pass the Special Purpose Examination of the Federation
of State Medical Boards with a score of 75 or better within
three attempts; or
(ii) have a current certification by a specialty board of
the American Board of Medical Specialties or of the Royal
College of Physicians and Surgeons of Canada.
(c) (d) The applicant shall pay a fee established by the
board by rule. The fee may not be refunded.
(d) (e) The applicant must not be under license suspension
or revocation by the licensing board of the state in which the
conduct that caused the suspension or revocation occurred.
(f) The applicant must not have engaged in conduct
warranting disciplinary action against a licensee, or have been
subject to disciplinary action in another state other than as
specified in paragraph (e). If an applicant does not satisfy
the requirements stated in this clause paragraph, the board
may refuse to issue a license unless it determines only on the
applicant's showing that the public will be protected through
issuance of a license with conditions or limitations the board
considers appropriate.
Subd. 2. [TEMPORARY PERMIT.] The board may issue a
temporary permit to practice medicine to a physician eligible
for licensure under this section upon payment of a fee set by
the board. The permit remains valid only until the next meeting
of the board.
Sec. 29. Minnesota Statutes 1991 Supplement, section
148.91, subdivision 3, is amended to read:
Subd. 3. [FEE; TERM OF LICENSE.] An applicant shall pay a
nonrefundable application fee set by the board. The licenses
granted by the board shall be for a period of three years and
shall be renewed on a three-year basis. The fee and term for a
license and for renewal shall be set by the board.
Sec. 30. Minnesota Statutes 1991 Supplement, section
148.921, subdivision 2, is amended to read:
Subd. 2. [PERSONS PREVIOUSLY QUALIFIED.] The board shall
grant a license for a licensed psychologist without further
examination to a person who:
(1) before November 1, 1991, entered a graduate program
granting a master's degree with a major in psychology at an
educational institution meeting the standards the board has
established by rule and earned a master's degree or a master's
equivalent in a doctoral program;
(2) before November 1, 1992, filed with the board a written
declaration of intent to seek licensure under this subdivision;
(3) complied with all requirements of section 148.91,
subdivisions 2 to 4, before December 31, 1997; and
(4) completed at least two full years or their equivalent
of post-master's supervised psychological employment before
December 31, 1998.
Sec. 31. Minnesota Statutes 1991 Supplement, section
148.925, subdivision 1, is amended to read:
Subdivision 1. [PERSONS QUALIFIED TO PROVIDE SUPERVISION.]
(a) Only the following persons are qualified to provide
supervision for master's degree level applicants for licensure
as a licensed psychologist:
(1) a licensed psychologist with a competency in
supervision in professional psychology and in the area of
practice being supervised; and
(2) a person who either is eligible for licensure as a
licensed psychologist under section 148.91 or is eligible for
licensure by reciprocity, and who, in the judgment of the board,
is competent or experienced in supervising professional
psychology and in the area of practice being supervised.
(b) Professional supervision of a doctoral level applicant
for licensure as a licensed psychologist must be provided by a
person:
(1) who meets the requirements of paragraph (a), clause (1)
or (2), and
(2)(i) who has a doctorate degree with a major in
psychology, or
(ii) who was licensed by the board as a psychologist before
August 1, 1991, and is certified by the board as competent in
supervision of applicants for licensure in accord with section
148.905, subdivision 1, clause (10), by August 1, 1993.
Sec. 32. Minnesota Statutes 1991 Supplement, section
148.925, subdivision 2, is amended to read:
Subd. 2. [SUPERVISORY CONSULTATION.] (a) Supervisory
consultation between a supervising licensed psychologist and a
supervised psychological practitioner must occur on a one-to-one
basis at a ratio of at least one hour of supervision for the
initial 20 or fewer hours of psychological services delivered
per month and no less than one hour a month. The consultation
must be at least one hour in duration. For each additional 20
hours of psychological services delivered per month, an
additional hour of supervision must occur. However, if more
than 20 hours of psychological services are provided in a week,
no time period of supervision beyond one hour per week is
required, but supervision must be adequate to assure the quality
and competence of the services. Supervisory consultation must
include discussions on the nature and content of the practice of
the psychological practitioner, including but not limited to a
review of a representative sample of psychological services in
the supervisee's practice.
(b) Supervision of an applicant for licensure as a licensed
psychologist must include at least two hours of regularly
scheduled face-to-face consultations a week for full-time
employment, one hour of which must be with the supervisor on a
one-to-one basis. The remaining hour may be with other mental
health professionals designated by the supervisor. The board
may approve an exception to the weekly supervision requirement
for a week when the supervisor was ill or otherwise unable to
provide supervision. The board may prorate the two hours per
week of supervision for persons preparing for licensure on a
part-time basis.
Sec. 33. Minnesota Statutes 1991 Supplement, section
148.925, is amended by adding a subdivision to read:
Subd. 3. [WAIVER.] An applicant for licensure as a
licensed psychologist who entered supervised employment before
August 1, 1991, may request a waiver from the board of the
supervision requirements in this section.
Sec. 34. [CONSOLIDATION OF REGULATION OF HOME CARE
SERVICES AND RESIDENTIAL CARE HOMES.]
The commissioner of health, in consultation with the
commissioner of human services, shall submit a report to the
legislature by November 1, 1992, on the advisability and
feasibility of consolidating licensure and regulation of home
care services and residential care homes into one activity with
the goal of avoiding contradictory or duplicative regulation and
allowing flexibility for creative service development by
regulating services rather than institutions. If the
commissioner determines that consolidation of the two systems is
feasible and desirable, the commissioner shall submit
recommendations for changes in laws and regulations that are
necessary to consolidate the systems. In developing the report
and recommendations, the commissioner shall consider methods of
enforcing physical plant and fire safety standards that are
appropriate to congregate living settings and that reflect the
needs and characteristics of different populations served in
residential care homes. The commissioner shall also consider
the need to modify home care rules to allow a social model for
providing services as an alternative to a medical model for
certain supportive services provided in residential care homes
and home care settings. The commissioner of health shall
consult with the commissioner of human services regarding the
impact of changes on costs and payment mechanisms.
Sec. 35. [EFFECTIVE DATES.]
Sections 1, 2, and 3 are effective July 1, 1993. The
remaining sections are effective the day following final
enactment.
ARTICLE 7
MEDICAL PROGRAMS
Section 1. [144.0505] [COOPERATION WITH COMMISSIONER OF
HUMAN SERVICES.]
The commissioner shall promptly provide to the commissioner
of human services upon request information on hospital revenues,
nursing home licensure, and health maintenance organization
revenues specifically required by the commissioner of human
services to operate the provider surcharge program.
Sec. 2. Minnesota Statutes 1990, section 144A.071,
subdivision 2, is amended to read:
Subd. 2. [MORATORIUM.] The commissioner of health, in
coordination with the commissioner of human services, shall deny
each request by a nursing home or boarding care home, except an
intermediate care facility for the mentally retarded, for
addition of new certified beds or for a change or changes in the
certification status of existing beds except as provided in
subdivision 3. The total number of certified beds in the state
shall remain at or decrease from the number of beds certified on
May 23, 1983, except as allowed under subdivision 3. "Certified
bed" means a nursing home bed or a boarding care bed certified
by the commissioner of health for the purposes of the medical
assistance program, under United States Code, title 42, sections
1396 et seq.
The commissioner of human services, in coordination with
the commissioner of health, shall deny any request to issue a
license under sections 245A.01 to 245A.16 and 252.28 to a
nursing home or boarding care home, if that license would result
in an increase in the medical assistance reimbursement amount.
The commissioner of health shall deny each request for licensure
of nursing home beds except as provided in subdivision 3.
In addition, the commissioner of health must not approve
any construction project whose cost exceeds $500,000, or 25
percent of the facility's appraised value, whichever is less,
unless the project:
(1) has been approved through the process described in
section 144A.073;
(2) meets an exception in subdivision 3;
(3) is necessary to correct violations of state or federal
law issued by the commissioner of health;
(4) is necessary to repair or replace a portion of the
facility that was destroyed by fire, lightning, or other hazards
provided that the provisions of subdivision 3, clause (g), are
met; or
(5) as of May 1, 1992, the facility has submitted to the
commissioner of health written documentation evidencing that the
facility meets the "commenced construction" definition as
specified in subdivision 3, clause (b), or that substantial
steps have been taken prior to April 1, 1992, relating to the
construction project. "Substantial steps" require that the
facility has made arrangements with outside parties relating to
the construction project and include the hiring of an architect
or construction firm, submission of preliminary plans to the
department of health or documentation from a financial
institution that financing arrangements for the construction
project have been made.
Prior to the approval of any construction project, the
commissioner of health shall be provided with an itemized cost
estimate for the construction project. If a construction
project is anticipated to be completed in phases, the total
estimated cost of all phases of the project shall be submitted
to the commissioner and shall be considered as one construction
project. Once the construction project is completed and prior
to the final clearance by the commissioner, the total actual
costs for the construction project shall be submitted to the
commissioner. If the final construction cost exceeds the
threshold in this subdivision, the commissioner of human
services shall not recognize any of the construction costs or
the related financing costs in excess of this threshold in
establishing the facility's property-related payment rate.
The commissioner of health shall adopt emergency or
permanent rules to implement this section or to amend the
emergency rules for granting exceptions to the moratorium on
nursing homes under section 144A.073. The authority to adopt
emergency rules continues to December 30, 1992.
Sec. 3. Minnesota Statutes 1991 Supplement, 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 25 percent of the
appraised value of the facility or $200,000 $500,000, whichever
is less, or to license or certify beds in a facility for which
the total costs of remodeling or renovation exceed ten 25
percent of the appraised value of the facility
or $200,000 $500,000, 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, or in a facility that
was granted an exception to the moratorium under section
144A.073, and if the cost of any remodeling of the facility does
not exceed ten 25 percent of the appraised value of the facility
or $200,000 $500,000, whichever is less; or to license as
nursing home beds boarding care beds in a facility with an
addendum to its provider agreement effective beginning July 1,
1983, if the boarding care beds to be upgraded meet the
standards for nursing home licensure. 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;
(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;
(u) to certify, after September 30, 1992, and prior to July
1, 1993, existing nursing home beds in a facility that was
licensed and in operation prior to January 1, 1992;
(v) to license and certify new nursing home beds to replace
beds in a facility condemned as part of an economic
redevelopment plan in a city of the first class, provided the
new facility is located within one mile of the site of the old
facility. Operating and property costs for the new facility
must be determined and allowed under existing reimbursement
rules; or
(w) to license and certify up to 20 new nursing home beds
in a community-operated hospital and attached convalescent and
nursing care facility with 40 beds on April 21, 1991, that
suspended operation of the hospital in April 1986. The
commissioner of human services shall provide the facility with
the same per diem property-related payment rate for each
additional licensed and certified bed as it will receive for its
existing 40 beds.
Sec. 4. Minnesota Statutes 1990, section 144A.073,
subdivision 3, is amended to read:
Subd. 3. [REVIEW AND APPROVAL OF PROPOSALS.] Within the
limits of money specifically appropriated to the medical
assistance program for this purpose, the interagency board for
quality assurance may recommend that the commissioner of health
grant exceptions to the nursing home licensure or certification
moratorium for proposals that satisfy the requirements of this
section. The interagency board shall appoint an advisory review
panel composed of representatives of consumers and providers to
review proposals and provide comments and recommendations to the
board. The commissioners of human services and health shall
provide staff and technical assistance to the board for the
review and analysis of proposals. The interagency board shall
hold a public hearing before submitting recommendations to the
commissioner of health on project requests. The board shall
submit recommendations within 150 days of the date of the
publication of the notice, based on a comparison and ranking of
proposals using the criteria in subdivision 4. The commissioner
of health shall approve or disapprove a project within 30 days
after receiving the board's recommendations. The cost to the
medical assistance program of the proposals approved must be
within the limits of the appropriations specifically made for
this purpose. Approval of a proposal expires 12 18 months after
approval by the commissioner of health unless the facility has
commenced construction as defined in section 144A.071,
subdivision 3, paragraph (b). The board's report to the
legislature, as required under section 144A.31, must include the
projects approved, the criteria used to recommend proposals for
approval, and the estimated costs of the projects, including the
costs of initial construction and remodeling, and the estimated
operating costs during the first two years after the project is
completed.
Sec. 5. Minnesota Statutes 1990, section 144A.073,
subdivision 3a, is amended to read:
Subd. 3a. [EXTENSION OF APPROVAL OF A PROJECT REQUIRING AN
EXCEPTION TO THE NURSING HOME MORATORIUM.] Notwithstanding
subdivision 3, a construction project that was approved by the
commissioner under the moratorium exception approval process in
this section prior to February 1, 1990 July 1, 1992, may be
commenced more than 12 18 months after the date of the
commissioner's approval but no later than July 1, 1992 1994, or
12 months after the effective date of a nursing home
property-related payment system enacted to replace the current
rate freeze in section 256B.431, subdivision 12, whichever is
later.
Sec. 6. Minnesota Statutes 1990, section 144A.073,
subdivision 5, is amended to read:
Subd. 5. [REPLACEMENT RESTRICTIONS.] (a) Proposals
submitted or approved under this section involving replacement
must provide for replacement of the facility on the existing
site except as allowed in this subdivision.
(b) Facilities located in a metropolitan statistical area
other than the Minneapolis-St. Paul seven-county metropolitan
area may relocate to a site within the same census tract or a
contiguous census tract.
(c) Facilities located in the Minneapolis-St. Paul
seven-county metropolitan area may relocate to a site within the
same or contiguous health planning area as adopted in March 1982
by the metropolitan council.
(d) Facilities located outside a metropolitan statistical
area may relocate to a site within the same city or township, or
within a contiguous township.
(e) A facility relocated to a different site under
paragraph (b), (c), or (d) must not be relocated to a site more
than six miles from the existing site.
(f) The relocation of part of an existing first facility to
a second location, under paragraphs (d) and (e), may include the
relocation to the second location of up to four beds from part
of an existing third facility located in a township contiguous
to the location of the first facility. The six-mile limit in
paragraph (e) does not apply to this relocation from the third
facility.
Sec. 7. [144A.154] [RATE RECOMMENDATION.]
The commissioner may recommend to the commissioner of human
services a review of the rates for a nursing home or boarding
care home that participates in the medical assistance program
that is in voluntary or involuntary receivership, and that has
needs or deficiencies documented by the department of health.
If the commissioner of health determines that a review of the
rate under section 256B.495 is needed, the commissioner shall
provide the commissioner of human services with:
(1) a copy of the order or determination that cites the
deficiency or need; and
(2) the commissioner's recommendation for additional staff
and additional annual hours by type of employee and additional
consultants, services, supplies, equipment, or repairs necessary
to satisfy the need or deficiency.
Sec. 8. Minnesota Statutes 1991 Supplement, section
144A.31, subdivision 2a, is amended to read:
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; and
(5) develop and implement strategies for advocating,
promoting, and developing long-term care insurance and encourage
insurance companies to offer long-term care insurance policies
that are affordable and offer a wide range of benefits.
Sec. 9. Minnesota Statutes 1990, section 147.01, is
amended by adding a subdivision to read:
Subd. 6. [LICENSE SURCHARGE.] In addition to any fee
established under section 214.06, the board shall assess an
annual license surcharge of $400 against each physician licensed
under this chapter as follows:
(1) a physician whose license is issued or renewed between
April 1 and September 30 shall be billed on or before November
15, and the physician must pay the surcharge by December 15; and
(2) a physician whose license is issued or renewed between
October 1 and March 31 shall be billed on or before May 15, and
the physician must pay the surcharge by June 15.
The board shall provide that the surcharge payment must be
remitted to the commissioner of human services to be deposited
in the general fund under section 256.9656. The board shall not
renew the license of a physician who has not paid the surcharge
required under this section. The board shall promptly provide
to the commissioner of human services upon request information
available to the board and specifically required by the
commissioner to operate the provider surcharge program. The
board shall limit the surcharge to physicians residing in
Minnesota and the states contiguous to Minnesota upon
notification from the commissioner of human services that the
federal government has approved a waiver to allow the surcharge
to be applied in that manner.
Sec. 10. Minnesota Statutes 1990, section 151.06,
subdivision 1, is amended to read:
Subdivision 1. (a) [POWERS AND DUTIES.] The board of
pharmacy shall have the power and it shall be its duty:
(1) to regulate the practice of pharmacy;
(2) to regulate the manufacture, wholesale, and retail sale
of drugs within this state;
(3) to regulate the identity, labeling, purity, and quality
of all drugs and medicines dispensed in this state, using the
United States Pharmacopeia and the National Formulary, or any
revisions thereof, or standards adopted under the federal act as
the standard;
(4) to enter and inspect by its authorized representative
any and all places where drugs, medicines, medical gases, or
veterinary drugs or devices are sold, vended, given away,
compounded, dispensed, manufactured, wholesaled, or held; it may
secure samples or specimens of any drugs, medicines, medical
gases, or veterinary drugs or devices after paying or offering
to pay for such sample; it shall be entitled to inspect and make
copies of any and all records of shipment, purchase,
manufacture, quality control, and sale of these items provided,
however, that such inspection shall not extend to financial
data, sales data, or pricing data;
(5) to examine and license as pharmacists all applicants
whom it shall deem qualified to be such;
(6) to license wholesale drug distributors;
(7) to deny, suspend, revoke, or refuse to renew any
registration or license required under this chapter, to any
applicant or registrant or licensee upon any of the following
grounds:
(i) fraud or deception in connection with the securing of
such license or registration;
(ii) in the case of a pharmacist, conviction in any court
of a felony;
(iii) in the case of a pharmacist, conviction in any court
of an offense involving moral turpitude;
(iv) habitual indulgence in the use of narcotics,
stimulants, or depressant drugs; or habitual indulgence in
intoxicating liquors in a manner which could cause conduct
endangering public health;
(v) unprofessional conduct or conduct endangering public
health;
(vi) gross immorality;
(vii) employing, assisting, or enabling in any manner an
unlicensed person to practice pharmacy;
(viii) conviction of theft of drugs, or the unauthorized
use, possession, or sale thereof;
(ix) violation of any of the provisions of this chapter or
any of the rules of the state board of pharmacy;
(x) in the case of a pharmacy license, operation of such
pharmacy without a pharmacist present and on duty;
(xi) in the case of a pharmacist, physical or mental
disability which could cause incompetency in the practice of
pharmacy; or
(xii) in the case of a pharmacist, the suspension or
revocation of a license to practice pharmacy in another state;
(8) to employ necessary assistants and make rules for the
conduct of its business; and
(9) to perform such other duties and exercise such other
powers as the provisions of the act may require.
(b) [TEMPORARY SUSPENSION.] In addition to any other
remedy provided by law, the board may, without a hearing,
temporarily suspend a license for not more than 60 days if the
board finds that a pharmacist has violated a statute or rule
that the board is empowered to enforce and continued practice by
the pharmacist would create an imminent risk of harm to others.
The suspension shall take effect upon written notice to the
pharmacist, specifying the statute or rule violated. At the
time it issues the suspension notice, the board shall schedule a
disciplinary hearing to be held under the administrative
procedure act. The pharmacist shall be provided with at least
20 days notice of any hearing held under this subdivision.
(c) [RULES.] For the purposes aforesaid, it shall be the
duty of the board to make and publish uniform rules not
inconsistent herewith for carrying out and enforcing the
provisions of this chapter. The board shall adopt rules
regarding prospective drug utilization review and patient
counseling by pharmacists. A pharmacist in the exercise of the
pharmacist's professional judgment, upon the presentation of a
new prescription by a patient or the patient's caregiver or
agent, shall perform the prospective drug utilization review
required by rules issued under this subdivision.
Sec. 11. Minnesota Statutes 1990, section 151.06, is
amended by adding a subdivision to read:
Subd. 1a. [DISCIPLINARY ACTION.] It shall be grounds for
disciplinary action by the board of pharmacy against the
registration of the pharmacy if the board of pharmacy determines
that any person with supervisory responsibilities at the
pharmacy sets policies that prevent a licensed pharmacist from
providing drug utilization review and patient counseling as
required by rules adopted under subdivision 1. The board of
pharmacy shall follow the requirements of chapter 14 in any
disciplinary actions taken under this section.
Sec. 12. Minnesota Statutes 1991 Supplement, 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
commissioner of finance shall include as a budget change request
in each biennial detailed expenditure budget submitted to the
legislature under section 16A.11 annual inflation adjustments in
reimbursement rates for each vendor, based upon 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. 13. Minnesota Statutes 1990, section 254B.06,
subdivision 3, is amended to read:
Subd. 3. [PAYMENT; DENIAL.] The commissioner shall pay
eligible vendors for placements made by local agencies under
section 254B.03, subdivision 1, and placements by tribal
designated agencies according to section 254B.09. The
commissioner may reduce or deny payment of the state share when
services are not provided according to the placement criteria
established by the commissioner. The commissioner may pay for
all or a portion of improper county chemical dependency
placements and bill the county for the entire payment made when
the placement did not comply with criteria established by the
commissioner. The commissioner shall not pay vendors until
private insurance company claims have been settled.
Sec. 14. Minnesota Statutes 1990, section 256.9655, is
amended to read:
256.9655 [PAYMENTS TO MEDICAL PROVIDERS.]
Subdivision 1. [DUTIES OF COMMISSIONER.] The commissioner
shall establish procedures to analyze and correct problems
associated with medical care claims preparation and processing
under the medical assistance, general assistance medical care,
and children's health plan programs. At a minimum, the
commissioner shall:
(1) designate a full-time position as a liaison between the
department of human services and providers;
(2) analyze impediments to timely processing of claims,
provide information and consultation to providers, and develop
methods to resolve or reduce problems;
(3) provide to each acute care hospital a quarterly listing
of claims received and identify claims that have been suspended
and the reason the claims were suspended;
(4) provide education and information on reasons for
rejecting and suspending claims and identify methods that would
avoid multiple submissions of claims; and
(5) for each acute care hospital, identify and prioritize
claims that are in jeopardy of exceeding time factors that
eliminate payment.
Subd. 2. [ELECTRONIC CLAIM SUBMISSION.] Medical providers
designated by the commissioner of human services are permitted
to purchase authorized materials through commodity contracts
administered by the commissioner of administration for the
purpose of submitting electronic claims to the medical programs
designated in subdivision 1. Providers so designated must be
actively enrolled and participating in the medical programs and
must sign a hardware purchase and electronic biller agreement
with the commissioner of human services prior to purchase from
the contract.
Sec. 15. Minnesota Statutes 1991 Supplement, section
256.9656, is amended to read:
256.9656 [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. 16. Minnesota Statutes 1991 Supplement, section
256.9657, subdivision 1, is amended to read:
Subdivision 1. [NURSING FACILITY HOME LICENSE SURCHARGE.]
Effective July October 1, 1991 1992, each non-state-operated
nursing facility subject to the reimbursement principles in
Minnesota Rules, parts 9549.0010 to 9549.0080, home licensed
under chapter 144A shall pay to the commissioner an annual
surcharge according to the schedule in subdivision 4. The
surcharge shall be calculated as $500 $535 per bed licensed on
the previous April July 1, except that if the number of licensed
beds is reduced after July 1 but prior to August 1, the
surcharge shall be based on the number of remaining licensed
beds. A nursing home entitled to a reduction in the number of
beds subject to the surcharge under this provision must
demonstrate to the satisfaction of the commissioner by August 5
that the number of beds has been reduced.
Sec. 17. Minnesota Statutes 1991 Supplement, section
256.9657, is amended by adding a subdivision to read:
Subd. 1a. [WAIVER REQUEST.] The commissioner shall request
a waiver from the secretary of health and human services to: (1)
exclude from the surcharge under subdivision 1 a nursing home
that provides all services free of charge; (2) make a pro rata
reduction in the surcharge paid by a nursing home that provides
a portion of its services free of charge; (3) limit the hospital
surcharge to acute care hospitals only; and (4) limit the
physician license surcharge under section 147.01, subdivision 6,
to physicians licensed in Minnesota and residing in Minnesota or
a state contiguous to Minnesota. If a waiver is approved under
this subdivision, the commissioner shall adjust the nursing home
surcharge accordingly or shall direct the board of medical
practice to adjust the physician license surcharge under section
147.01, subdivision 6, accordingly. Any waivers granted by the
federal government shall be effective on or after October 1,
1992.
Sec. 18. Minnesota Statutes 1991 Supplement, section
256.9657, subdivision 2, is amended to read:
Subd. 2. [HOSPITAL SURCHARGE.] (a) Effective July 1,
1991 October 1, 1992, 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 1.4 percent of
medical assistance payments issued to net patient revenues
excluding net Medicare revenues reported by that provider for
inpatient services to the health care cost information system
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.
Sec. 19. Minnesota Statutes 1991 Supplement, section
256.9657, subdivision 3, is amended to read:
Subd. 3. [HEALTH PLAN MAINTENANCE ORGANIZATION SURCHARGE.]
Effective July 1, 1991 October 1, 1992, each health plan under
contract with maintenance organization with a certificate of
authority issued by the commissioner of health under chapter 62D
shall pay to the commissioner of human services a surcharge
equal to the equivalent value of the surcharges described in
subdivision 2 for each medical assistance rate cell
payment six-tenths of one percent of the total premium revenues
of the health maintenance organization as reported to the
commissioner of health 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.
Sec. 20. Minnesota Statutes 1991 Supplement, section
256.9657, subdivision 4, is amended to read:
Subd. 4. [PAYMENTS INTO THE ACCOUNT.] Payments to the
commissioner under subdivision subdivisions 1 to 3 must be paid
in monthly installments due on the 15th of the month
beginning August 15, 1991 October 15, 1992. The monthly payment
must be equal to the annual surcharge divided by 12. Payments
to the commissioner under subdivisions 2 and 3 for fiscal year
1993 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
based on calendar year 1990 revenues. Effective July 1 of each
year, beginning in 1993, payments under subdivisions 2 and 3
must be based on revenues earned in the second previous calendar
year.
Sec. 21. Minnesota Statutes 1991 Supplement, section
256.9657, subdivision 7, is amended to read:
Subd. 7. [ENFORCEMENT COLLECTION; CIVIL PENALTIES.] 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. The provisions of sections 289A.35 to
289A.50 relating to the authority to audit, assess, collect, and
pay refunds of other state taxes may be implemented by the
commissioner of human services with respect to the tax, penalty,
and interest imposed by this section and section 147.01,
subdivision 6. The commissioner of human services shall impose
civil penalties for violation of this section or section 147.01,
subdivision 6, as provided in section 289A.60, and the tax and
penalties are subject to interest at the rate provided in
section 270.75.
Sec. 22. Minnesota Statutes 1991 Supplement, 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 except the commissioner may establish
exemptions to specific requirements based on diagnosis,
procedure, or service after notice in the State Register and a
30-day comment period. The commissioner may establish an
administrative reconsideration process for appeals of inpatient
hospital services determined to be medically unnecessary. The
reconsideration process shall take place prior to the contested
case procedures of chapter 14 and shall be conducted by
physicians that are independent of the case under
reconsideration. A majority decision by the physicians is
necessary to make a determination that the services were not
medically necessary. Notwithstanding section 256B.72, the
commissioner may recover inpatient hospital payments for
services that have been determined to be medically unnecessary
under the reconsideration process.
Sec. 23. Minnesota Statutes 1991 Supplement, section
256.969, subdivision 1, is amended to read:
Subdivision 1. [HOSPITAL COST INDEX.] (a) 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 may 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, and the hospital cost index under medical assistance,
excluding general assistance medical care, shall be increased by
one percentage point to reflect changes in technology for
admissions occurring after September 30, 1992.
(b) For fiscal years beginning on or after July 1, 1993,
the commissioner of human services shall not provide automatic
annual inflation adjustments for hospital payment rates under
medical assistance, excluding the technology factor under
paragraph (a), nor under general assistance medical care. The
commissioner of finance shall include as a budget change request
in each biennial detailed expenditure budget submitted to the
legislature under section 16A.11 annual adjustments in hospital
payment rates under medical assistance and general assistance
medical care, based upon the hospital cost index.
Sec. 24. Minnesota Statutes 1991 Supplement, 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. 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 on admissions that are paid a per day transfer rate under
subdivision 13 14. 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. 25. Minnesota Statutes 1991 Supplement, section
256.969, subdivision 9, is amended to read:
Subd. 9. [DISPROPORTIONATE NUMBERS OF LOW-INCOME PATIENTS
SERVED.] For admissions occurring on or after July 1,
1989 October 1, 1992, the medical assistance disproportionate
population adjustment shall comply with federal law at fully
implemented rates and shall be paid to a hospital, excluding
regional treatment centers and facilities of the federal Indian
Health Service, with a medical assistance inpatient utilization
rate in excess of the arithmetic mean. The adjustment must be
determined as follows:
(1) for a hospital with a medical assistance inpatient
utilization rate above the arithmetic mean for all hospitals
excluding regional treatment centers and facilities of the
federal Indian Health Service but less than or equal to one
standard deviation above the mean, the adjustment must be
determined by multiplying the total of the operating and
property payment rates by the difference between the hospital's
actual medical assistance inpatient utilization rate and the
arithmetic mean for all hospitals excluding regional treatment
centers and facilities of the federal Indian Health Service; and
(2) for a hospital with a medical assistance inpatient
utilization rate above one standard deviation above the mean,
the adjustment must be determined by multiplying the adjustment
that would be determined under clause (1) for that hospital by
1.1. If federal matching funds are not available for all
adjustments under this subdivision, the commissioner shall
reduce payments on a pro rata basis so that all adjustments
qualify for federal match. The commissioner may establish a
separate disproportionate population operating payment rate
adjustment under the general assistance medical care
program. For purposes of this subdivision medical assistance
does not include general assistance medical care. The
commissioner shall report annually on the number of hospitals
likely to receive the adjustment authorized by this section.
The commissioner shall specifically report on the adjustments
received by public hospitals and public hospital corporations
located in cities of the first class.
Sec. 26. Minnesota Statutes 1991 Supplement, section
256.969, subdivision 20, is amended to read:
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.
(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.
(c) Medical assistance inpatient payment rates shall
increase 20 percent for inpatient hospital originally paid
admissions, excluding Medicare crossovers, that occur on or
after October 1, 1992, 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 a hospital that qualifies for an adjustment under
this paragraph and under subdivision 9, the hospital must be
paid the adjustment under subdivision 9 plus any amount by which
the adjustment under this paragraph exceeds the adjustment under
subdivision 9. For this paragraph, medical assistance does not
include general assistance medical care.
(d) Medical assistance inpatient payments shall increase 15
percent for inpatient hospital originally paid admissions,
excluding Medicare crossovers, that occur after September 30,
1992, 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 a hospital that qualifies for an adjustment under
this paragraph and under subdivision 9, the hospital must be
paid the adjustment under subdivision 9 plus any amount by which
the adjustment under this paragraph exceeds the adjustment under
subdivision 9. For this paragraph, medical assistance does not
include general assistance medical care.
Sec. 27. Minnesota Statutes 1991 Supplement, section
256.969, subdivision 21, is amended to read:
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 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 Mental health
and chemical dependency inpatient hospital services for a hold
or commitment ordered by the court 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. 28. Minnesota Statutes 1990, section 256.9695,
subdivision 3, is amended to read:
Subd. 3. [TRANSITION.] Except as provided in section
256.969, subdivision 6a, paragraph (a), clause (3), the
commissioner shall establish a transition period for the
calculation of payment rates from July 1, 1989, to the
implementation date of the upgrade to the Medicaid management
information system or July 1, 1992, whichever is earlier.
During the transition period:
(a) Changes resulting from section 256.969, subdivision 6a,
paragraph (a), clauses (1), (2), (4), (5), (6), and (8), shall
not be implemented, except as provided in section 256.969,
subdivision 6a, paragraph (a), clause (7), and paragraph (i).
(b) The beginning of the 1991 rate year shall be delayed
and the rates notification requirement shall not be applicable.
(c) Operating payment rates shall be indexed from the
hospital's most recent fiscal year ending prior to January 1,
1991, by prorating the hospital cost index methodology in effect
on January 1, 1989. For payments made for admissions occurring
on or after June 1, 1990, shall not be adjusted by the one
percent technology factor included in the hospital cost index
and until the implementation date of the upgrade to the Medicaid
management information system the hospital cost index excluding
the technology factor shall not exceed five percent. This
hospital cost index limitation shall not apply to hospitals that
meet the requirements of section 256.969, subdivision 6a 20,
paragraphs (g) (a) and (h) (b).
(d) Property and pass-through payment rates shall be
maintained at the most recent payment rate effective for June 1,
1990. However, all hospitals are subject to the hospital cost
index limitation of subdivision 2c, for two complete fiscal
years. Property and pass-through costs shall be retroactively
settled through the transition period. The laws in effect on
the day before July 1, 1989, apply to the retroactive settlement.
(e) If the upgrade to the Medicaid management information
system has not been completed by July 1, 1992, the commissioner
shall make adjustments for admissions occurring on or after that
date as follows:
(1) provide a ten percent increase to hospitals that meet
the requirements of section 256.969, subdivision 20, or, upon
written request from the hospital to the commissioner, 50
percent of the rate change that the commissioner estimates will
occur after the upgrade to the Medicaid management information
system; and
(2) adjust the rebased payment rates that are established
after the upgrade to the Medicaid management information system
to compensate for a rebasing effective date of July 1, 1992.
The adjustment shall be based on the change in rates from July
1, 1992, to the rebased rates in effect under the systems
upgrade. The adjustment shall reflect payments under clause
(1), differences in the hospital cost index and dissimilar rate
establishment procedures such as the variable outlier and the
treatment of births and rehabilitation units of hospitals. The
adjustment shall be in effect for a period not to exceed the
amount of time from July 1, 1992, to the systems upgrade.
Sec. 29. Minnesota Statutes 1991 Supplement, section
256.9751, subdivision 1, is amended to read:
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 assuring the availability of
one meal per day, seven days a week, for each elderly
participant, seven days a week in need.
(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.
Sec. 30. Minnesota Statutes 1991 Supplement, section
256.9751, subdivision 6, is amended to read:
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 plan assures
the availability of one meal a day, seven days a week, for
participants each elderly participant 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.
Sec. 31. Minnesota Statutes 1990, section 256B.02, is
amended by adding a subdivision to read:
Subd. 14. [GROUP HEALTH PLAN.] "Group health plan" means
any plan of, or contributed to by, an employer, including a
self-insured plan, to provide health care directly or otherwise
to the employer's employees, former employees, or the families
of the employees or former employees, and includes continuation
coverage pursuant to title XXII of the Public Health Service
Act, section 4980B of the Internal Revenue Code of 1986, or
title VI of the Employee Retirement Income Security Act of 1974.
Sec. 32. Minnesota Statutes 1990, section 256B.02, is
amended by adding a subdivision to read:
Subd. 15. [COST-EFFECTIVE.] "Cost-effective" means that
the amount paid by the state for premiums, coinsurance,
deductibles, other cost sharing obligations under a health
insurance plan, and other administrative costs is likely to be
less than the amount paid for an equivalent set of services paid
by medical assistance.
Sec. 33. Minnesota Statutes 1990, section 256B.035, is
amended to read:
256B.035 [MANAGED CARE.]
The commissioner of human services may contract with public
or private entities for health care services for or operate a
preferred provider program to deliver health care services to
medical assistance and, general assistance medical care, and
children's health plan recipients identified by the commissioner
as inappropriately using health care services. The commissioner
may enter into risk-based and non-risk-based contracts.
Contracts may be for the full range of health services, or a
portion thereof, for medical assistance and general assistance
medical care populations to determine the effectiveness of
various provider reimbursement and care delivery mechanisms.
The commissioner may seek necessary federal waivers and
implement projects when approval of the waivers is obtained from
the Health Care Financing Administration of the United States
Department of Health and Human Services.
Sec. 34. Minnesota Statutes 1990, section 256B.056,
subdivision 1a, is amended to read:
Subd. 1a. [INCOME AND ASSETS GENERALLY.] Unless
specifically required by state law or rule or federal law or
regulation, the methodologies used in counting income and assets
to determine eligibility for medical assistance shall be as
follows: (a) for persons whose eligibility category is based on
blindness, disability, or age of 65 or more years, the
methodologies for the supplemental security income program shall
be used; and (b) for families and children, which includes all
other eligibility categories, the methodologies for the aid to
families with dependent children program under section 256.73
shall be used. For these purposes, a "methodology" does not
include an asset or income standard, budgeting or accounting
method, or method of determining effective dates.
Sec. 35. Minnesota Statutes 1990, section 256B.056,
subdivision 2, is amended to read:
Subd. 2. [HOMESTEAD; EXCLUSION FOR INSTITUTIONALIZED
PERSONS.] To be eligible for medical assistance, a person must
not own, individually or together with the person's spouse, real
property other than the homestead. For the purposes of this
section, "homestead" means the house owned and occupied by the
applicant or recipient as a primary place of residence, together
with the contiguous land upon which it is situated. The
homestead shall be excluded for the first six calendar months of
a person's stay in a long-term care facility and shall continue
to be excluded for as long as the recipient can be reasonably
expected to return, as provided under the methodologies for the
supplemental security income program. The homestead shall
continue to be excluded for persons residing in a long-term care
facility if it is used as a primary residence by one of the
following individuals:
(a) the spouse;
(b) a child under age 21;
(c) a child of any age who is blind or permanently and
totally disabled as defined in the supplemental security income
program;
(d) a sibling who has equity interest in the home and who
resided in the home for at least one year immediately before the
date of the person's admission to the facility; or
(e) a child of any age, or, subject to federal approval, a
grandchild of any age, who resided in the home for at least two
years immediately before the date of the person's admission to
the facility, and who provided care to the person that permitted
the person to reside at home rather than in an institution.
The homestead is also excluded for the first six calendar
months of the person's stay in the long-term care facility. The
person's equity in the homestead must be reduced to an amount
within limits or excluded on another basis if the person remains
in the long-term care facility for a period longer than six
months. Real estate not used as a home may not be retained
unless the property is not salable, the equity is $6,000 or less
and the income produced by the property is at least six percent
of the equity, or the excess real property is exempted for a
period of nine months if there is a good faith effort to sell
the property and a legally binding agreement is signed to repay
the amount of assistance issued during that nine months.
Sec. 36. Minnesota Statutes 1990, section 256B.056,
subdivision 3, is amended to read:
Subd. 3. [ASSET LIMITATIONS.] To be eligible for medical
assistance, a person must not individually own more than $3,000
in assets, or if a member of a household with two family members
(husband and wife, or parent and child), the household must not
own more than $6,000 in assets, plus $200 for each additional
legal dependent. In addition to these maximum amounts, an
eligible individual or family may accrue interest on these
amounts, but they must be reduced to the maximum at the time of
an eligibility redetermination. For residents of long-term care
facilities, the accumulation of the clothing and personal needs
allowance pursuant to section 256B.35 must also be reduced to
the maximum at the time of the eligibility redetermination. The
value of the items in paragraphs (a) to (i) are not considered
in determining medical assistance eligibility. The accumulation
of the clothing and personal needs allowance pursuant to section
256B.35 must also be reduced to the maximum at the time of the
eligibility redetermination. The value of assets that are not
considered in determining eligibility for medical assistance is
the value of those assets that are excluded by the aid to
families with dependent children program for families and
children, and the supplemental security income program for aged,
blind, and disabled persons, with the following exceptions:
(a) The homestead is not considered.
(b) Household goods and personal effects are not considered.
(c) Personal property used as a regular abode by the
applicant or recipient is not considered.
(d) A lot in a burial plot for each member of the household
is not considered.
(e) (b) Capital and operating assets of a trade or business
that the local agency determines are necessary to the person's
ability to earn an income are not considered.
(f) Insurance settlements to repair or replace damaged,
destroyed, or stolen property are considered to the same extent
as in the related cash assistance programs.
(g) One motor vehicle that is licensed pursuant to chapter
168 and defined as: (1) passenger automobile, (2) station
wagon, (3) motorcycle, (4) motorized bicycle or (5) truck of the
weight found in categories A to E, of section 168.013,
subdivision 1e, and that is used primarily for the person's
benefit is not considered.
To be excluded, the vehicle must have a market value of
less than $4,500; be necessary to obtain medically necessary
health services; be necessary for employment; be modified for
operation by or transportation of a handicapped person; or be
necessary to perform essential daily tasks because of climate,
terrain, distance, or similar factors. The equity value of
other motor vehicles is counted against the asset limit.
(h) Life insurance policies and assets designated as burial
expenses, according to the standards and restrictions of the
supplemental security income (SSI) program.
(i) Other items excluded by federal law are not considered.
(c) Motor vehicles are excluded to the same extent excluded
by the supplemental security income program.
(d) Assets designated as burial expenses are excluded to
the same extent excluded by the supplemental security income
program.
Sec. 37. Minnesota Statutes 1990, section 256B.056,
subdivision 5, is amended to read:
Subd. 5. [EXCESS INCOME.] A person who has excess income
is eligible for medical assistance if the person has expenses
for medical care that are more than the amount of the person's
excess income, computed by deducting incurred medical expenses
from the excess income to reduce the excess to the income
standard specified in subdivision 4. The person shall elect to
have the medical expenses deducted at the beginning of a
one-month budget period or at the beginning of a six-month
budget period. Until June 30, 1993, or the date the Medicaid
Management Information System (MMIS) upgrade is implemented,
whichever occurs last, the commissioner shall seek applicable
waivers from the Secretary of Health and Human Services to allow
persons eligible for assistance on a one-month spend-down basis
under this subdivision to elect to pay the monthly spend-down
amount in advance of the month of eligibility to the local
agency in order to maintain eligibility on a continuous
basis for medical assistance and to simplify payment to health
care providers. If the local agency has not received payment of
the spend-down amount by the 15th day of the month recipient
does not pay the spend-down amount on or before the 20th of the
month, the recipient is ineligible for this option for the
following month. The commissioner may seek a waiver of the
requirement of the Social Security Act that all requirements be
uniform statewide, to phase in this option over a six-month
period. The local agency must deposit spend-down payments into
its treasury and issue a monthly payment to the state agency
with the necessary individual account information. The local
agency shall code the client eligibility system to indicate that
the spend-down obligation has been satisfied for the month paid.
The state agency shall convey this information to providers
through eligibility cards which list no remaining spend-down
obligation. After the implementation of the MMIS upgrade, the
recipient may elect to pay the state agency the monthly
spend-down amount. The recipient must make the payment on or
before the 20th of the month in order to be eligible for this
option in the following month.
Sec. 38. Minnesota Statutes 1990, section 256B.056, is
amended by adding a subdivision to read:
Subd. 8. [COOPERATION.] To be eligible for medical
assistance, applicants and recipients must cooperate with the
state and local agency to identify potentially liable
third-party payers and assist the state in obtaining third party
payments, unless good cause for noncooperation is determined
according to Code of Federal Regulations, title 42, part
433.147. "Cooperation" includes identifying any third party who
may be liable for care and services provided under this chapter
to the applicant, recipient, or any other family member for whom
application is made and providing relevant information to assist
the state in pursuing a potentially liable third party.
Cooperation also includes providing information about a group
health plan for which the person may be eligible and if the plan
is determined cost-effective by the state agency and premiums
are paid by the local agency or there is no cost to the
recipient, they must enroll or remain enrolled with the group.
Cost-effective insurance premiums approved for payment by the
state agency and paid by the local agency are eligible for
reimbursement according to section 256B.19.
Sec. 39. Minnesota Statutes 1990, section 256B.057, is
amended by adding a subdivision to read:
Subd. 3a. [ELIGIBILITY FOR PAYMENT OF MEDICARE PART B
PREMIUMS.] A person who would otherwise be eligible as a
qualified Medicare beneficiary under subdivision 3, except the
person's income is in excess of the limit, is eligible for
medical assistance reimbursement of Medicare part B premiums if
the person's income is less than 110 percent of the official
federal poverty guidelines for the applicable family size. The
income limit shall increase to 120 percent of the official
federal poverty guidelines for the applicable family size on
January 1, 1995.
Sec. 40. Minnesota Statutes 1990, section 256B.059,
subdivision 2, is amended to read:
Subd. 2. [ASSESSMENT OF SPOUSAL SHARE.] At the beginning
of a continuous period of institutionalization of a person, at
the request of either the institutionalized spouse or the
community spouse, or upon application for medical assistance,
the total value of assets in which either the institutionalized
spouse or the community spouse had an interest at the time
of the first period of institutionalization of 30 days or more
shall be assessed and documented and the spousal share shall be
assessed and documented.
Sec. 41. Minnesota Statutes 1990, section 256B.059,
subdivision 5, is amended to read:
Subd. 5. [ASSET AVAILABILITY.] (a) At the time of
application for medical assistance benefits, assets considered
available to the institutionalized spouse shall be the total
value of all assets in which either spouse has an ownership
interest, reduced by the greater of:
(1) $12,000; or
(2) the lesser of the spousal share or $60,000; or
(3) the amount required by court order to be paid to the
community spouse. If the community spouse asset allowance has
been increased under subdivision 4, then the assets considered
available to the institutionalized spouse under this subdivision
shall be further reduced by the value of additional amounts
allowed under subdivision 4.
(b) An institutionalized spouse may be found eligible for
medical assistance even though assets in excess of the allowable
amount are found to be available under paragraph (a) if the
assets are owned jointly or individually by the community
spouse, and the institutionalized spouse cannot use those assets
to pay for the cost of care without the consent of the community
spouse, and if: (i) the institutionalized spouse assigns to the
commissioner the right to support from the community spouse
under section 256B.14, subdivision 2; (ii) the institutionalized
spouse lacks the ability to execute an assignment due to a
physical or mental impairment; or (iii) the denial of
eligibility would cause an imminent threat to the
institutionalized spouse's health and well-being.
(c) After the month in which the institutionalized spouse
is determined eligible for medical assistance, during the
continuous period of institutionalization, no assets of the
community spouse are considered available to the
institutionalized spouse, unless the institutionalized spouse
has been found eligible under clause (b).
(d) Assets determined to be available to the
institutionalized spouse under this section must be used for the
health care or personal needs of the institutionalized spouse.
(e) For purposes of this section, assets do not include
assets excluded under section 256B.056, without regard to the
limitations on total value in that section.
Sec. 42. Minnesota Statutes 1990, section 256B.0595,
subdivision 1, is amended to read:
Subdivision 1. [PROHIBITED TRANSFERS.] (a) If a person or
the person's spouse has given away, sold, or disposed of, for
less than fair market value, any asset or interest therein,
except assets other than the homestead that are excluded under
section 256B.056, subdivision 3, within 30 months before or any
time after the date of institutionalization if the person has
been determined eligible for medical assistance, or within 30
months before or any time after the date of the first approved
application for medical assistance if the person has not yet
been determined eligible for medical assistance, the person is
ineligible for long-term care services for the period of time
determined under subdivision 2.
(b) This section applies to transfers, for less than fair
market value, of income or assets that are considered income in
the month received, such as inheritances, court settlements, and
retroactive benefit payments.
(c) This section applies to payments for care or personal
services provided by a relative, unless the compensation was
stipulated in a notarized, written agreement which was in
existence when the service was performed, the care or services
directly benefited the person, and the payments made represented
reasonable compensation for the care or services provided. A
notarized written agreement is not required if payment for the
services was made within 60 days after the service was provided.
(d) This section applies to the portion of any asset or
interest that a person or a person's spouse transfers to an
irrevocable trust, annuity, or other instrument, that exceeds
the value of the benefit likely to be returned to the person or
spouse during his or her lifetime, based on his or her estimated
life expectancy using the life expectancy tables employed by the
supplemental security income program to determine the value of
an agreement for services for life. The commissioner may adopt
rules reducing life expectancies based on the need for long-term
care.
(e) For purposes of this section, long-term care services
include nursing facility services, and home home- and
community-based services provided pursuant to section 256B.491.
For purposes of this subdivision and subdivisions 2, 3, and 4,
"institutionalized person" includes a person who is an inpatient
in a nursing facility, or who is receiving home home- and
community-based services under section 256B.491.
Sec. 43. Minnesota Statutes 1991 Supplement, 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 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. Medical
assistance also covers up to ten days of nursing care provided
to a patient in a swing bed if: (1) the patient's physician
certifies that the patient has a terminal illness or condition
that is likely to result in death within 30 days and that moving
the patient would not be in the best interests of the patient
and patient's family; (2) no open nursing home beds are
available within 25 miles of the facility; and (3) no open beds
are available in any Medicare hospice program within 50 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. 44. Minnesota Statutes 1991 Supplement, 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,
after receiving recommendations from the Minnesota medical
association and the Minnesota pharmacists association, 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 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. The
formulary committee may recommend drugs for prior authorization
directly to the commissioner, as long as opportunity for public
input is provided. Prior authorization may be requested by the
commissioner based on medical and clinical criteria before
certain drugs are eligible for payment. Before a drug may be
considered for prior authorization at the request of the
commissioner:
(1) the drug formulary committee must develop criteria to
be used for identifying drugs; the development of these criteria
is not subject to the requirements of chapter 14, but the
formulary committee shall provide opportunity for public input
in developing criteria;
(2) the drug formulary committee must hold a public forum
and receive public comment for an additional 15 days; and
(3) the commissioner must provide information to the
formulary committee on the impact that placing the drug on prior
authorization will have on the quality of patient care and
information regarding whether the drug is subject to clinical
abuse or misuse. Prior authorization may be required by the
commissioner 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 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. Nutritional
products needed for the treatment of a combined allergy to human
milk, cow's milk, and soy formula require prior authorization.
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.
(c) Until January 4, 1993, or the date the Medicaid
Management Information System (MMIS) upgrade is implemented,
whichever occurs last, a pharmacy provider may require
individuals who seek to become eligible for medical assistance
under a one-month spend-down, as provided in section 256B.056,
subdivision 5, to pay for services to the extent of the
spend-down amount at the time the services are provided. A
pharmacy provider choosing this option shall file a medical
assistance claim for the pharmacy services provided. If medical
assistance reimbursement is received for this claim, the
pharmacy provider shall return to the individual the total
amount paid by the individual for the pharmacy services
reimbursed by the medical assistance program. If the claim is
not eligible for medical assistance reimbursement because of the
provider's failure to comply with the provisions of the medical
assistance program, the pharmacy provider shall refund to the
individual the total amount paid by the individual. Pharmacy
providers may choose this option only if they apply similar
credit restrictions to private pay or privately insured
individuals. A pharmacy provider choosing this option must
inform individuals who seek to become eligible for medical
assistance under a one-month spend-down of (1) their right to
appeal the denial of services on the grounds that they have
satisfied the spend-down requirement, and (2) their potential
eligibility for the health right program or the children's
health plan.
Sec. 45. Minnesota Statutes 1990, section 256B.0625, is
amended by adding a subdivision to read:
Subd. 13a. [DRUG UTILIZATION REVIEW BOARD.] A 12-member
drug utilization review board is established. The board is
comprised of six licensed physicians actively engaged in the
practice of medicine in Minnesota; five licensed pharmacists
actively engaged in the practice of pharmacy in Minnesota; and
one consumer representative. The board shall be staffed by an
employee of the department who shall serve as an ex officio
nonvoting member of the board. The members of the board shall
be appointed by the commissioner and shall serve three-year
terms. The physician members shall be selected from a list
submitted by the Minnesota medical association. The pharmacist
members shall be selected from a list submitted by the Minnesota
pharmacist association. The commissioner shall appoint the
initial members of the board for terms expiring as follows:
four members for terms expiring June 30, 1995; four members for
terms expiring June 30, 1994; and four members for terms
expiring June 30, 1993. Members may be reappointed once. The
board shall annually elect a chair from among the members.
The commissioner shall, with the advice of the board:
(1) implement a medical assistance retrospective and
prospective drug utilization review program as required by
United States Code, title 42, section 1396r-8(g)(3);
(2) develop and implement the predetermined criteria and
practice parameters for appropriate prescribing to be used in
retrospective and prospective drug utilization review;
(3) develop, select, implement, and assess interventions
for physicians, pharmacists, and patients that are educational
and not punitive in nature;
(4) establish a grievance and appeals process for
physicians and pharmacists under this section;
(5) publish and disseminate educational information to
physicians and pharmacists regarding the board and the review
program;
(6) adopt and implement procedures designed to ensure the
confidentiality of any information collected, stored, retrieved,
assessed, or analyzed by the board, staff to the board, or
contractors to the review program that identifies individual
physicians, pharmacists, or recipients;
(7) establish and implement an ongoing process to (i)
receive public comment regarding drug utilization review
criteria and standards, and (ii) consider the comments along
with other scientific and clinical information in order to
revise criteria and standards on a timely basis; and
(8) adopt any rules necessary to carry out this section.
The board may establish advisory committees. The
commissioner may contract with appropriate organizations to
assist the board in carrying out the board's duties. The
commissioner may enter into contracts for services to develop
and implement a retrospective and prospective review program.
The board shall report to the commissioner annually on
December 1. The commissioner shall make the report available to
the public upon request. The report must include information on
the activities of the board and the program; the effectiveness
of implemented interventions; administrative costs; and any
fiscal impact resulting from the program.
Sec. 46. Minnesota Statutes 1991 Supplement, 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 $13 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. 47. Minnesota Statutes 1990, section 256B.0625, is
amended by adding a subdivision to read:
Subd. 19b. [NO AUTOMATIC ADJUSTMENT.] For fiscal years
beginning on or after July 1, 1993, the commissioner of human
services shall not provide automatic annual inflation
adjustments for home care services. The commissioner of finance
shall include as a budget change request in each biennial
detailed expenditure budget submitted to the legislature under
section 16A.11 annual adjustments in reimbursement rates for
home care services.
Sec. 48. Minnesota Statutes 1990, section 256B.0625, is
amended by adding a subdivision to read:
Subd. 19c. [PERSONAL CARE.] Medical assistance covers
personal care services provided by an individual who is
qualified to provide the services according to subdivision 19a
and section 256B.0627, where the services are prescribed by a
physician in accordance with a plan of treatment and are
supervised by a registered nurse.
Sec. 49. Minnesota Statutes 1990, section 256B.0625, is
amended by adding a subdivision to read:
Subd. 31. [MEDICAL SUPPLIES AND EQUIPMENT.] Medical
assistance covers medical supplies and equipment. Separate
payment outside of the facility's payment rate shall be made for
wheelchairs and wheelchair accessories for recipients who are
residents of intermediate care facilities for the mentally
retarded. Reimbursement for wheelchairs and wheelchair
accessories for ICF/MR recipients shall be subject to the same
conditions and limitations as coverage for recipients who do not
reside in institutions. A wheelchair purchased outside of the
facility's payment rate is the property of the recipient.
Sec. 50. Minnesota Statutes 1991 Supplement, section
256B.0627, subdivision 5, as amended by Laws 1992, chapter 391,
section 5, is amended to read:
Subd. 5. [LIMITATION ON PAYMENTS.] Medical assistance
payments for home care services shall be limited according to
this subdivision.
(a) [EXEMPTION FROM PAYMENT LIMITATIONS.] The level, or
the number of hours or visits of a specific service, of home
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) [LIMITS ON SERVICES WITHOUT PRIOR AUTHORIZATION.] A
recipient may receive the following amounts of home care
services during a calendar year:
(1) a total of 40 home health aide visits, or 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.
(e) [ASSESSMENT AND CARE PLAN.] 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.
(f) [PRIOR AUTHORIZATION.] The 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 complete
request for prior authorization, assessment, and care plan,
authorize home care services as follows:
(1) [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 comparable
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
calculated and incorporated into the home care limits on July 1
each year. These limits shall be calculated to the nearest
quarter hour.
(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 in quarter-hour units 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 cooperatively applying for home care services
under the community alternative care program developed under
section 256B.49, or until it is determined by the appropriate
regulatory agency that a health benefit plan is or is not
required to pay for appropriate medically necessary
nursing health care services. Recipients or their
representatives must cooperatively assist the commissioner in
obtaining this determination. 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.
(4) [VENTILATOR-DEPENDENT RECIPIENTS.] If the recipient is
ventilator-dependent, the monthly medical assistance
authorization for home care services shall not exceed 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.
(g) [PRIOR AUTHORIZATION; TIME LIMITS.] The commissioner
or the commissioner's designee shall determine the time period
for which a prior authorization shall remain valid. If the
recipient continues to require home care services beyond the
duration of the prior authorization, the home care provider must
request a new prior authorization through the process described
above. Under no circumstances shall a prior authorization be
valid for more than 12 months.
(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.
(i) [PRIOR AUTHORIZATION REQUESTS; TEMPORARY SERVICES.]
The department has 30 days from receipt of the request to
complete the prior authorization, during which time it may
approve 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.
(j) [PRIOR AUTHORIZATION REQUIRED IN FOSTER CARE SETTING.]
Home care services provided in an adult or child foster care
setting must receive prior 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.
Sec. 51. Minnesota Statutes 1990, section 256B.064, is
amended by adding a subdivision to read:
Subd. 1d. [INVESTIGATIVE COSTS.] The commissioner may seek
recovery of investigative costs from any vendor of medical care
or services who willfully submits a claim for reimbursement for
services the vendor knows, or reasonably should have known, is a
false representation and which results in the payment of public
funds for which the vendor is ineligible. Billing errors deemed
to be unintentional, but which result in overcharges, shall not
be considered for investigative cost recoupment.
Sec. 52. Minnesota Statutes 1991 Supplement, 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. Except in
the case of a conviction for conduct described in 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. 53. Minnesota Statutes 1991 Supplement, section
256B.0911, subdivision 3, is amended to read:
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. If a county
does not have a public health nurse available, it may request
approval from the commissioner to assign a county registered
nurse with at least one year experience in home care to
participate on the team. 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 and individuals
who are admitted to a certified nursing facility on an emergency
basis 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.
Sec. 54. Minnesota Statutes 1991 Supplement, section
256B.0911, is amended by adding a subdivision to read:
Subd. 9. [CASE MIX ASSESSMENTS.] The nursing facility is
authorized to conduct all case mix assessments for persons who
have been admitted to the facility prior to a preadmission
screening. The county shall conduct the case mix assessment for
all persons screened within ten working days prior to
admission. The county retains the responsibility of
distributing appropriate case mix forms to the nursing facility.
Sec. 55. Minnesota Statutes 1991 Supplement, section
256B.0911, subdivision 8, is amended to read:
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 22 people appointed by the commissioner and must be
comprised of representatives from public agencies, public and
private service providers, two representatives of nursing home
associations, and consumers from all areas of the state.
Members of the advisory committee must not be compensated for
service.
Sec. 56. Minnesota Statutes 1991 Supplement, section
256B.0913, subdivision 4, is amended to read:
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. The commissioner may authorize alternative care
money to be used to meet a portion of a medical assistance
income spend-down for persons residing in adult foster care who
would otherwise be served under the alternative care program.
The alternative care payment is limited to the difference
between the recipient's negotiated foster care room and board
rate and the medical assistance income standard for one elderly
person plus the medical assistance personal needs allowance for
a person residing in a long-term care facility. A person whose
application for medical assistance is being processed may be
served under the alternative care program for a period up to 60
days. If the individual is found to be eligible for medical
assistance, the county must bill medical assistance retroactive
to the date of eligibility for the services provided that are
reimbursable under the elderly waiver program.
(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.
Sec. 57. Minnesota Statutes 1991 Supplement, section
256B.0913, subdivision 5, is amended to read:
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. The adult foster care daily rate shall be negotiated
between the county agency and the foster care provider. The
rate established under this section shall not exceed 75 percent
of the state average monthly nursing home payment for the case
mix classification to which the individual receiving foster care
is assigned, and it must allow for other alternative care
services to be authorized by the case manager.
(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. A county may use alternative care funds to
purchase supplies and equipment from a non-Medicaid certified
vendor if the cost for the items is less than that of a Medicaid
vendor.
(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 greater of either the statewide or any of the
geographic groups' weighted 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.
Sec. 58. Minnesota Statutes 1991 Supplement, section
256B.0913, subdivision 8, is amended to read:
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.
The case manager must give the individual a ten-day written
notice of any decrease in or termination of alternative care
services.
Sec. 59. Minnesota Statutes 1991 Supplement, section
256B.0913, subdivision 11, is amended to read:
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.
Sec. 60. Minnesota Statutes 1991 Supplement, section
256B.0913, subdivision 12, is amended to read:
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. The amount of the premium for the
alternative care client shall be determined as follows:
(1) when the alternative care client's gross income is
greater than the medical assistance income standard but less
than 150 percent of the federal poverty guideline, and total
assets are less than $6,000, the fee is zero;
(2) when the alternative care client's gross income is
greater than 150 percent of the federal poverty guideline and
total assets are less than $6,000, the fee is 25 percent of the
cost of alternative care services or the difference between 150
percent of the federal poverty guideline and the client's gross
income, whichever is less; and
(3) when the alternative care client's total assets are
greater than $6,000, the fee is 25 percent of the cost of
alternative care services.
For married persons, total assets are defined as the total
marital assets less the estimated community spouse asset
allowance, under section 256B.059, if applicable.
All alternative care services except case management shall
be included in the estimated costs for the purpose of
determining 25 percent of the costs.
The monthly premium shall be calculated and be payable in
the month in which the alternative care services begin and shall
continue unaltered for six months until the semiannual
reassessment unless the actual cost of services falls below the
fee.
(b) The fee shall be waived by the commissioner when:
(1) a person who is residing in a nursing facility is
receiving case management only;
(2) a person is applying for medical assistance;
(3) a married couple is requesting an asset assessment
under the spousal impoverishment provisions;
(4) a person is a medical assistance recipient, but has
been approved for alternative care-funded assisted living
services;
(5) a person is found eligible for alternative care, but is
not yet receiving alternative care services;
(6) a person is an adult foster care resident for whom
alternative care funds are being used to meet a portion of the
person's medical assistance spend-down, as authorized in
subdivision 4; and
(7) a person's fee under paragraph (a) is less than $25.
(c) 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. (d) The commissioner shall
begin to adopt emergency or permanent rules governing client
premiums within 30 days after July 1, 1991, 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.
Sec. 61. Minnesota Statutes 1991 Supplement, section
256B.0913, subdivision 14, is amended to read:
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 For fiscal years
beginning on or after July 1, 1993, the commissioner of human
services shall not provide automatic annual inflation
adjustments for alternative care services. The commissioner of
finance shall include as a budget change request in each
biennial detailed expenditure budget submitted to the
legislature under section 16A.11 annual adjustments in
reimbursement rates for alternative care services based on 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. 62. Minnesota Statutes 1991 Supplement, section
256B.0915, subdivision 3, is amended to read:
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 for both the elderly
waiver and the disabled waiver must have the commissioner's
prior approval.
(e) Annually on July 1, the commissioner must adjust the
rates allowed for services by For the fiscal year beginning on
July 1, 1993, and for subsequent fiscal years, the commissioner
of human services shall not provide automatic annual inflation
adjustments for home- and community-based waivered services.
The commissioner of finance shall include as a budget change
request in each biennial detailed expenditure budget submitted
to the legislature under section 16A.11 annual adjustments in
reimbursement rates for home- and community-based waivered
services, based on 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. The adult
foster care rate shall be considered a difficulty of care
payment and shall not include room and board.
The adult foster care daily rate for the elderly and
disabled waivers shall be negotiated between the county agency
and the foster care provider. The rate established under this
section shall not exceed the state average monthly nursing home
payment for the case mix classification to which the individual
receiving foster care is assigned, and it must allow for other
waiver and medical assistance home care services to be
authorized by the case manager.
(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. 63. Minnesota Statutes 1991 Supplement, section
256B.0915, is amended by adding a subdivision to read:
Subd. 4. [TERMINATION NOTICE.] The case manager must give
the individual a ten-day written notice of any decrease in or
termination of waivered services.
Sec. 64. Minnesota Statutes 1991 Supplement, section
256B.0915, is amended by adding a subdivision to read:
Subd. 5. [REASSESSMENTS FOR WAIVER CLIENTS.] A
reassessment of a client served under the elderly or disabled
waiver must be conducted at least every six months and at other
times when the case manager determines that there has been
significant change in the client's functioning. This may
include instances where the client is discharged from the
hospital.
Sec. 65. Minnesota Statutes 1991 Supplement, section
256B.0917, subdivision 2, is amended to read:
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.
(6) If more than one county applies for a specific project
under this subdivision, all participating county boards must
indicate intent to work cooperatively through individual board
resolutions or a joint powers agreement.
Sec. 66. Minnesota Statutes 1991 Supplement, section
256B.0917, subdivision 3, is amended to read:
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; and
(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.
Sec. 67. Minnesota Statutes 1991 Supplement, section
256B.0917, subdivision 4, is amended to read:
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. If a county does not have a public health nurse
available, it may request approval from the commissioner to
assign a county registered nurse with at least one year of
experience in home care to conduct 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.
Sec. 68. Minnesota Statutes 1991 Supplement, section
256B.0917, subdivision 5, is amended to read:
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. Targeted
alternative care funds received through the SAIL project
approval process may be transferred from one SAIL county to
another within a designated SAIL project area during a fiscal
year as authorized by the local long-term care coordinating team
and approved by the commissioner. The base allocation used for
a future year shall reflect the final transfer. 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.
Sec. 69. Minnesota Statutes 1991 Supplement, section
256B.0917, subdivision 6, is amended to read:
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) (b) 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) (c) 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 within
a designated SAIL project area 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) (d) 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) (e) 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) (f) 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.
Sec. 70. Minnesota Statutes 1991 Supplement, section
256B.0917, subdivision 7, is amended to read:
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.
Sec. 71. Minnesota Statutes 1991 Supplement, section
256B.0917, subdivision 8, is amended to read:
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 or expand up to 15
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 At least 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.
Sec. 72. Minnesota Statutes 1991 Supplement, section
256B.0917, subdivision 11, is amended to read:
Subd. 11. [SAIL EVALUATION AND EXPANSION.] The
commissioner shall evaluate the success of the SAIL 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.
Sec. 73. Minnesota Statutes 1991 Supplement, section
256B.0919, subdivision 1, is amended to read:
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.
Sec. 74. Minnesota Statutes 1991 Supplement, section
256B.092, subdivision 4, is amended to read:
Subd. 4. [HOME- AND COMMUNITY-BASED SERVICES FOR PERSONS
WITH MENTAL RETARDATION OR RELATED CONDITIONS.] The commissioner
shall make payments to approved vendors participating in the
medical assistance program to pay costs of providing 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. Federal
requirements include those services and limitations included in
the federally approved application for home- and community-based
services for persons with mental retardation or related
conditions and subsequent amendments. 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.
Sec. 75. [256B.0928] [STATEWIDE CAREGIVER SUPPORT AND
RESPITE CARE PROJECT.]
(a) The commissioner shall establish and maintain a
statewide caregiver support and respite care project. The
project 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
resource center;
(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) An advisory committee shall be appointed to advise the
caregiver support project on all aspects of the project
including 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 section 256B.0917 and others
established for caregivers.
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.
Sec. 76. Minnesota Statutes 1991 Supplement, section
256B.093, subdivision 1, is amended to read:
Subdivision 1. [STATE COORDINATOR TRAUMATIC BRAIN INJURY
CASE MANAGEMENT.] 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:
(1) establish and maintain statewide traumatic brain injury
case management;
(2) designate a full-time position to supervise and
coordinate services for persons with traumatic brain injuries;
(3) contract with qualified agencies or employ staff to
provide statewide administrative case management; and
(4) establish an advisory committee to provide
recommendations in a report to the department regarding program
and service needs of persons with traumatic brain injuries.
Sec. 77. Minnesota Statutes 1991 Supplement, section
256B.093, subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY.] The commissioner may contract with
qualified agencies or employ staff to provide statewide case
management services to medical assistance recipients who are at
risk of institutionalization and who Persons eligible for
traumatic brain injury administrative case management must be
eligible medical assistance recipients who have traumatic brain
injury and:
(1) are at risk of institutionalization; or
(2) exceed limits established by the commissioner in
section 256B.0627, subdivision 5, paragraph (b).
Sec. 78. Minnesota Statutes 1991 Supplement, section
256B.093, subdivision 3, is amended to read:
Subd. 3. [CASE MANAGEMENT DUTIES.] The department shall
fund case management under this subdivision using medical
assistance administrative funds. Case management duties include:
(1) assessing the person's individual needs for services
required to prevent institutionalization;
(2) ensuring that a care plan that addresses the person's
needs is developed, implemented, and monitored on an ongoing
basis by the appropriate agency or individual;
(3) assisting the person in obtaining services necessary to
allow the person to remain in the community;
(4) coordinating home care services with other medical
assistance services under section 256B.0625;
(5) ensuring appropriate, accessible, and cost-effective
medical assistance services;
(6) recommending 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 section 256B.0627;
(7) assisting the person with problems related to the
provision of home care services;
(8) ensuring the quality of home care services;
(9) 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 to pay for out-of-state
placements for traumatic brain injury services and in-state
traumatic brain injury services provided by designated Medicare
long-term care hospitals.
Sec. 79. Minnesota Statutes 1990, section 256B.14,
subdivision 2, is amended to read:
Subd. 2. [ACTIONS TO OBTAIN PAYMENT.] The state agency
shall promulgate rules to determine the ability of responsible
relatives to contribute partial or complete payment or repayment
of medical assistance furnished to recipients for whom they are
responsible. These rules shall not require payment or repayment
when payment would cause undue hardship to the responsible
relative or that relative's immediate family. These rules shall
be consistent with the requirements of section 252.27 for
parents of children whose eligibility for medical assistance was
determined without deeming of the parents' resources and
income. For parents of children receiving services under a
federal medical assistance waiver or under section 134 of the
Tax Equity and Fiscal Responsibility Act of 1982, United States
Code, title 42, section 1396a(e)(3), while living in their
natural home, including in-home family support services, respite
care, homemaker services, and minor adaptations to the home, the
state agency shall take into account the room, board, and
services provided by the parents in determining the parental
contribution to the cost of care. The county agency shall give
the responsible relative notice of the amount of the payment or
repayment. If the state agency or county agency finds that
notice of the payment obligation was given to the responsible
relative, but that the relative failed or refused to pay, a
cause of action exists against the responsible relative for that
portion of medical assistance granted after notice was given to
the responsible relative, which the relative was determined to
be able to pay.
The action may be brought by the state agency or the county
agency in the county where assistance was granted, for the
assistance, together with the costs of disbursements incurred
due to the action.
In addition to granting the county or state agency a money
judgment, the court may, upon a motion or order to show cause,
order continuing contributions by a responsible relative found
able to repay the county or state agency. The order shall be
effective only for the period of time during which the recipient
receives medical assistance from the county or state agency.
Sec. 80. Minnesota Statutes 1990, section 256B.15,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] For purposes of this section,
"medical assistance" includes the medical assistance program
under chapter 256B and the general assistance medical care
program under chapter 256D, but does not include the alternative
care program under chapter 256B.
Subd. 1a. [ESTATES SUBJECT TO CLAIMS.] If a person
receives any medical assistance hereunder, on the person's
death, if single, or on the death of the survivor of a married
couple, either or both of whom received medical assistance, the
total amount paid for medical assistance rendered for the person
and spouse shall be filed as a claim against the estate of the
person or the estate of the surviving spouse in the court having
jurisdiction to probate the estate.
A claim shall be filed if medical assistance was rendered
for either or both persons under one of the following
circumstances:
(a) the person was over 65 years of age, and received
services under chapter 256B, excluding alternative care; or
(b) the person resided in a medical institution for six
months or longer, received services under chapter 256B excluding
alternative care, and, at the time of institutionalization or
application for medical assistance, whichever is later, the
person could not have reasonably been expected to be discharged
and returned home, as certified in writing by the person's
treating physician. For purposes of this section only, a
"medical institution" means a skilled nursing facility,
intermediate care facility, intermediate care facility for
persons with mental retardation, nursing facility, or inpatient
hospital; or
(c) the person received general assistance medical care
services under chapter 256D.
The claim shall be considered an expense of the last
illness of the decedent for the purpose of section 524.3-805.
Any statute of limitations that purports to limit any county
agency or the state agency, or both, to recover for medical
assistance granted hereunder shall not apply to any claim made
hereunder for reimbursement for any medical assistance granted
hereunder. Counties are entitled to one-half of the nonfederal
share of medical assistance collections from estates that are
directly attributable to county effort.
Sec. 81. Minnesota Statutes 1990, section 256B.15,
subdivision 2, is amended to read:
Subd. 2. [LIMITATIONS ON CLAIMS.] The claim shall include
only the total amount of medical assistance rendered after age
65 or during a period of institutionalization described in
subdivision 1, clause (b), and the total amount of general
assistance medical care rendered, and shall not include
interest. Claims that have been allowed but not paid shall bear
interest according to section 524.3-806, paragraph (d). A claim
against the estate of a surviving spouse who did not receive
medical assistance, for medical assistance rendered for the
predeceased spouse, is limited to the value of the assets of the
estate that were marital property or jointly owned property at
any time during the marriage.
Sec. 82. Minnesota Statutes 1990, section 256B.19, is
amended by adding a subdivision to read:
Subd. 1b. [PORTION OF NONFEDERAL SHARE TO BE PAID BY
GOVERNMENT HOSPITALS.] In addition to the percentage
contribution paid by a county under subdivision 1, the
governmental units designated in this subdivision shall be
responsible for an additional portion of the nonfederal share of
medical assistance costs attributable to them. For purposes of
this subdivision, "designated governmental unit" means Hennepin
county, and the public corporation known as Ramsey Health Care,
Inc. which is operated under the authority of chapter 246A. For
purposes of this subdivision, "public hospital" means the
Hennepin County Medical Center, and the St. Paul-Ramsey Medical
Center.
Each of the governmental units designated in this
subdivision shall on a monthly basis transfer an amount equal to
two percent of the public hospital's net patient revenues,
excluding net Medicare revenue to the state Medicaid agency.
These sums shall be part of the local governmental unit's
portion of the nonfederal share of medical assistance costs, but
shall not be subject to payback provisions of section 256.025.
Sec. 83. Minnesota Statutes 1990, section 256B.36, is
amended to read:
256B.36 [PERSONAL ALLOWANCE FOR CERTAIN RECIPIENTS OF
MEDICAL ASSISTANCE.]
In addition to the personal allowance established in
section 256B.35, any disabled recipient of medical assistance
with a handicap, mental retardation, or a related condition,
confined in a skilled nursing home or intermediate care facility
who is a resident of a nursing facility or intermediate care
facility for the mentally retarded, shall also be permitted a
special personal allowance drawn solely from earnings from
any productive employment under an individual plan of
rehabilitation. This special personal allowance shall not
exceed (1) the limits set therefor by the commissioner, or (2)
the amount of disregarded income the individual would have
retained as a recipient of aid to the disabled benefits in
December, 1973, whichever amount is lower consist of the sum of
the following amounts, deducted from earnings in the following
order:
(1) $80 for the costs of meals and miscellaneous work
expenses;
(2) federal insurance contributions act payments withheld
from the person's earned income;
(3) actual employment related transportation expenses;
(4) other actual employment related expenses; and
(5) state and federal income taxes withheld from the
person's earned income, if the person cannot be claimed as
exempt from federal income tax withholding.
The maximum special personal allowance from earnings is the
sum of items (1) to (5).
Sec. 84. Minnesota Statutes 1990, section 256B.41,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY.] The commissioner shall
establish, by rule, procedures for determining rates for care of
residents of nursing homes which qualify as vendors of medical
assistance, and for implementing the provisions of this section
and sections 256B.421, 256B.431, 256B.432, 256B.433, 256B.47,
256B.48, 256B.50, and 256B.502. The procedures shall be based
on methods and standards that the commissioner finds are
adequate to provide for the costs that must be incurred for the
care of residents in efficiently and economically operated
nursing homes and shall specify the costs that are allowable for
establishing payment rates through medical assistance.
Sec. 85. Minnesota Statutes 1990, section 256B.41,
subdivision 2, is amended to read:
Subd. 2. [FEDERAL REQUIREMENTS.] If any provision of this
section and sections 256B.421, 256B.431, 256B.432, 256B.433,
256B.47, 256B.48, 256B.50, and 256B.502, is determined by the
United States government to be in conflict with existing or
future requirements of the United States government with respect
to federal participation in medical assistance, the federal
requirements shall prevail.
Sec. 86. Minnesota Statutes 1990, section 256B.421,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] For the purposes of this section
and sections 256B.41, 256B.411, 256B.431, 256B.432, 256B.433,
256B.47, 256B.48, 256B.50, and 256B.502, the following terms and
phrases shall have the meaning given to them.
Sec. 87. Minnesota Statutes 1990, section 256B.421, is
amended by adding a subdivision to read:
Subd. 16. [CAPITAL ASSETS.] "Capital assets," for purposes
of section 256B.431, subdivisions 13 to 21, means a nursing
facility's buildings, attached fixtures, land improvements,
leasehold improvements, and all additions to or replacements of
those assets used directly for resident care.
Sec. 88. Minnesota Statutes 1990, section 256B.431,
subdivision 2i, is amended to read:
Subd. 2i. [OPERATING COSTS AFTER JULY 1, 1988.] (a)
[OTHER OPERATING COST LIMITS.] For the rate year beginning July
1, 1988, the commissioner shall increase the other operating
cost limits established in Minnesota Rules, part 9549.0055,
subpart 2, item E, to 110 percent of the median of the array of
allowable historical other operating cost per diems and index
these limits as in Minnesota Rules, part 9549.0056, subparts 3
and 4. The limits must be established in accordance with
subdivision 2b, paragraph (d). For rate years beginning on or
after July 1, 1989, the adjusted other operating cost limits
must be indexed as in Minnesota Rules, part 9549.0056, subparts
3 and 4. For the rate period beginning October 1, 1992, and for
rate years beginning after June 30, 1993, the amount of the
surcharge under section 256.9657, subdivision 1, shall be
included in the plant operations and maintenance operating cost
category. The surcharge shall be an allowable cost for the
purpose of establishing the payment rate.
(b) [CARE-RELATED OPERATING COST LIMITS.] For the rate
year beginning July 1, 1988, the commissioner shall increase the
care-related operating cost limits established in Minnesota
Rules, part 9549.0055, subpart 2, items A and B, to 125 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 and index
those limits as in Minnesota Rules, part 9549.0056, subparts 1
and 2. The limits must be established in accordance with
subdivision 2b, paragraph (d). For rate years beginning on or
after July 1, 1989, the adjusted care-related limits must be
indexed as in Minnesota Rules, part 9549.0056, subparts 1 and 2.
(c) [SALARY ADJUSTMENT PER DIEM.] For the rate period
October 1, 1988, to June 30, 1990, the commissioner shall add
the appropriate salary adjustment per diem calculated in clause
(1) or (2) to the total operating cost payment rate of each
nursing home. The salary adjustment per diem for each nursing
home must be determined as follows:
(1) for each nursing home that reports salaries for
registered nurses, licensed practical nurses, and aides,
orderlies and attendants separately, the commissioner shall
determine the salary adjustment per diem by multiplying the
total salaries, payroll taxes, and fringe benefits allowed in
each operating cost category, except management fees and
administrator and central office salaries and the related
payroll taxes and fringe benefits, by 3.5 percent and then
dividing the resulting amount by the nursing home's actual
resident days; and
(2) for each nursing home that does not report salaries for
registered nurses, licensed practical nurses, aides, orderlies,
and attendants separately, the salary adjustment per diem is the
weighted average salary adjustment per diem increase determined
under clause (1).
Each nursing home that receives a salary adjustment per
diem pursuant to this subdivision shall adjust nursing home
employee salaries by a minimum of the amount determined in
clause (1) or (2). The commissioner shall review allowable
salary costs, including payroll taxes and fringe benefits, for
the reporting year ending September 30, 1989, to determine
whether or not each nursing home complied with this
requirement. The commissioner shall report the extent to which
each nursing home complied with the legislative commission on
long-term care by August 1, 1990.
(d) [NEW BASE YEAR.] The commissioner shall establish new
base years for both the reporting year ending September 30,
1989, and the reporting year ending September 30, 1990. In
establishing new base years, the commissioner must take into
account:
(1) statutory changes made in geographic groups;
(2) redefinitions of cost categories; and
(3) reclassification, pass-through, or exemption of certain
costs such as public employee retirement act contributions.
(e) [NEW BASE YEAR.] The commissioner shall establish a
new base year for the reporting years ending September 30, 1991,
and September 30, 1992. In establishing a new base year, the
commissioner must take into account:
(1) statutory changes made in geographic groups;
(2) redefinitions of cost categories; and
(3) reclassification, pass-through, or exemption of certain
costs.
Sec. 89. Minnesota Statutes 1991 Supplement, 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.
(c) For rate years beginning on or after July 1, 1993, the
commissioner shall not provide automatic annual inflation
adjustments for nursing homes. The commissioner of finance
shall include annual adjustments in operating costs for nursing
homes as a budget change request in each biennial detailed
expenditure budget submitted to the legislature under section
16A.11.
Sec. 90. Minnesota Statutes 1991 Supplement, section
256B.431, subdivision 2m, is amended to read:
Subd. 2m. [NURSING HOMES SPECIALIZING IN THE TREATMENT OF
HUNTINGTON'S DISEASE.] For the rate year beginning July 1, 1991,
and for the rate period from July 1, 1992, to December 31, 1992,
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. 91. Minnesota Statutes 1991 Supplement, section
256B.431, subdivision 2o, is amended 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 years
beginning on or after 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 years subsequent to the rate year beginning
July 1, 1991.
Sec. 92. Minnesota Statutes 1991 Supplement, 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.
(b) [RENTAL FACTOR.] For the rate year beginning July 1,
1988, the commissioner shall increase the rental factor as
established in Minnesota Rules, part 9549.0060, subpart 8, item
A, by 6.2 percent rounded to the nearest 100th percent for the
purpose of reimbursing nursing homes for soft costs and
entrepreneurial profits not included in the cost valuation
services used by the state's contracted appraisers. For rate
years beginning on or after July 1, 1989, the rental factor is
the amount determined under this paragraph for the rate year
beginning July 1, 1988.
(c) [OCCUPANCY FACTOR.] For rate years beginning on or
after July 1, 1988, in order to determine property-related
payment rates under Minnesota Rules, part 9549.0060, for all
nursing homes except those whose average length of stay in a
skilled level of care within a nursing home is 180 days or less,
the commissioner shall use 95 percent of capacity days. For a
nursing home whose average length of stay in a skilled level of
care within a nursing home is 180 days or less, the commissioner
shall use the greater of resident days or 80 percent of capacity
days but in no event shall the divisor exceed 95 percent of
capacity days.
(d) [EQUIPMENT ALLOWANCE.] For rate years beginning on July
1, 1988, and July 1, 1989, the commissioner shall add ten cents
per resident per day to each nursing home's property-related
payment rate. The ten-cent property-related payment rate
increase is not cumulative from rate year to rate year. For the
rate year beginning July 1, 1990, the commissioner shall
increase each nursing home's equipment allowance as established
in Minnesota Rules, part 9549.0060, subpart 10, by ten cents per
resident per day. For rate years beginning on or after July 1,
1991, the adjusted equipment allowance must be adjusted annually
for inflation as in Minnesota Rules, part 9549.0060, subpart 10,
item E. For the rate period beginning October 1, 1992, the
equipment allowance for each nursing facility shall be increased
by 28 percent. For rate years beginning after June 30, 1993,
the allowance must be adjusted annually for inflation.
(e) [POST CHAPTER 199 RELATED-ORGANIZATION DEBTS AND
INTEREST EXPENSE.] For rate years beginning on or after July 1,
1990, Minnesota Rules, part 9549.0060, subpart 5, item E, shall
not apply to outstanding related organization debt incurred
prior to May 23, 1983, provided that the debt was an allowable
debt under Minnesota Rules, parts 9510.0010 to 9510.0480, the
debt is subject to repayment through annual principal payments,
and the nursing home demonstrates to the commissioner's
satisfaction that the interest rate on the debt was less than
market interest rates for similar arms-length transactions at
the time the debt was incurred. If the debt was incurred due to
a sale between family members, the nursing home must also
demonstrate that the seller no longer participates in the
management or operation of the nursing home. Debts meeting the
conditions of this paragraph are subject to all other provisions
of Minnesota Rules, parts 9549.0010 to 9549.0080.
(f) [BUILDING CAPITAL ALLOWANCE FOR NURSING HOMES WITH
OPERATING LEASES.] For rate years beginning on or after July 1,
1990, a nursing home with operating lease costs incurred for the
nursing home's buildings shall receive its building capital
allowance computed in accordance with Minnesota Rules, part
9549.0060, subpart 8.
Sec. 93. Minnesota Statutes 1990, section 256B.431,
subdivision 4, is amended to read:
Subd. 4. [SPECIAL RATES.] (a) For the rate years beginning
July 1, 1983, and July 1, 1984, a newly constructed nursing home
or one with a capacity increase of 50 percent or more may, upon
written application to the commissioner, receive an interim
payment rate for reimbursement for property-related costs
calculated pursuant to the statutes and rules in effect on May
1, 1983, and for operating costs negotiated by the commissioner
based upon the 60th percentile established for the appropriate
group under subdivision 2a, to be effective from the first day a
medical assistance recipient resides in the home or for the
added beds. For newly constructed nursing homes which are not
included in the calculation of the 60th percentile for any
group, subdivision 2f, the commissioner shall establish by rule
procedures for determining interim operating cost payment rates
and interim property-related cost payment rates. The interim
payment rate shall not be in effect for more than 17 months.
The commissioner shall establish, by emergency and permanent
rules, procedures for determining the interim rate and for
making a retroactive cost settle-up after the first year of
operation; the cost settled operating cost per diem shall not
exceed 110 percent of the 60th percentile established for the
appropriate group. Until procedures determining operating cost
payment rates according to mix of resident needs are
established, the commissioner shall establish by rule procedures
for determining payment rates for nursing homes which provide
care under a lesser care level than the level for which the
nursing home is certified.
(b) For the rate years beginning on or after July 1, 1985,
a newly constructed nursing home or one with a capacity increase
of 50 percent or more may, upon written application to the
commissioner, receive an interim payment rate for reimbursement
for property related costs, operating costs, and real estate
taxes and special assessments calculated under rules promulgated
by the commissioner.
(c) For rate years beginning on or after July 1, 1983, the
commissioner may exclude from a provision of 12 MCAR S 2.050 any
facility that is licensed by the commissioner of health only as
a boarding care home, certified by the commissioner of health as
an intermediate care facility, is licensed by the commissioner
of human services under Minnesota Rules, parts 9520.0500 to
9520.0690, and has less than five percent of its licensed
boarding care capacity reimbursed by the medical assistance
program. Until a permanent rule to establish the payment rates
for facilities meeting these criteria is promulgated, the
commissioner shall establish the medical assistance payment rate
as follows:
(1) The desk audited payment rate in effect on June 30,
1983, remains in effect until the end of the facility's fiscal
year. The commissioner shall not allow any amendments to the
cost report on which this desk audited payment rate is based.
(2) For each fiscal year beginning between July 1, 1983,
and June 30, 1985, the facility's payment rate shall be
established by increasing the desk audited operating cost
payment rate determined in clause (1) at an annual rate of five
percent.
(3) For fiscal years beginning on or after July 1, 1985,
but before January 1, 1988, the facility's payment rate shall be
established by increasing the facility's payment rate in the
facility's prior fiscal year by the increase indicated by the
consumer price index for Minneapolis and St. Paul.
(4) For the fiscal year beginning on January 1, 1988, the
facility's payment rate must be established using the following
method: The commissioner shall divide the real estate taxes and
special assessments payable as stated in the facility's current
property tax statement by actual resident days to compute a real
estate tax and special assessment per diem. Next, the prior
year's payment rate must be adjusted by the higher of (1) the
percentage change in the consumer price index (CPI-U U.S. city
average) as published by the Bureau of Labor Statistics between
the previous two Septembers, new series index (1967-100), or (2)
2.5 percent, to determine an adjusted payment rate. The
facility's payment rate is the adjusted prior year's payment
rate plus the real estate tax and special assessment per diem.
(5) For fiscal years beginning on or after January 1, 1989,
the facility's payment rate must be established using the
following method: The commissioner shall divide the real estate
taxes and special assessments payable as stated in the
facility's current property tax statement by actual resident
days to compute a real estate tax and special assessment per
diem. Next, the prior year's payment rate less the real estate
tax and special assessment per diem must be adjusted by the
higher of (1) the percentage change in the consumer price index
(CPI-U U.S. city average) as published by the Bureau of Labor
Statistics between the previous two Septembers, new series index
(1967-100), or (2) 2.5 percent, to determine an adjusted payment
rate. The facility's payment rate is the adjusted payment rate
plus the real estate tax and special assessment per diem.
(6) For the purpose of establishing payment rates under
this paragraph, the facility's rate and reporting years coincide
with the facility's fiscal year.
(d) A facility that meets the criteria of paragraph (c)
shall submit annual cost reports on forms prescribed by the
commissioner.
(e) For the rate year beginning July 1, 1985, each nursing
home total payment rate must be effective two calendar months
from the first day of the month after the commissioner issues
the rate notice to the nursing home. From July 1, 1985, until
the total payment rate becomes effective, the commissioner shall
make payments to each nursing home at a temporary rate that is
the prior rate year's operating cost payment rate increased by
2.6 percent plus the prior rate year's property-related payment
rate and the prior rate year's real estate taxes and special
assessments payment rate. The commissioner shall retroactively
adjust the property-related payment rate and the real estate
taxes and special assessments payment rate to July 1, 1985, but
must not retroactively adjust the operating cost payment rate.
(f) For the purposes of Minnesota Rules, part 9549.0060,
subpart 13, item F, the following types of transactions shall
not be considered a sale or reorganization of a provider entity:
(1) the sale or transfer of a nursing home upon death of an
owner;
(2) the sale or transfer of a nursing home due to serious
illness or disability of an owner as defined under the social
security act;
(3) the sale or transfer of the nursing home upon
retirement of an owner at 62 years of age or older;
(4) any transaction in which a partner, owner, or
shareholder acquires an interest or share of another partner,
owner, or shareholder in a nursing home business provided the
acquiring partner, owner, or shareholder has less than 50
percent ownership after the acquisition;
(5) a sale and leaseback to the same licensee which does
not constitute a change in facility license;
(6) a transfer of an interest to a trust;
(7) gifts or other transfers for no consideration;
(8) a merger of two or more related organizations;
(9) a transfer of interest in a facility held in
receivership;
(10) a change in the legal form of doing business other
than a publicly held organization which becomes privately held
or vice versa;
(11) the addition of a new partner, owner, or shareholder
who owns less than 20 percent of the nursing home or the
issuance of stock; or
(12) an involuntary transfer including foreclosure,
bankruptcy, or assignment for the benefit of creditors.
Any increase in allowable debt or allowable interest
expense or other cost incurred as a result of the foregoing
transactions shall be a nonallowable cost for purposes of
reimbursement under Minnesota Rules, parts 9549.0010 to
9549.0080.
(g) Upon receiving a recommendation from the commissioner
of health for a review of rates under section 144A.15,
subdivision 6, the commissioner may grant an adjustment to the
nursing home's payment rate. The commissioner shall review the
recommendation of the commissioner of health, together with the
nursing home's cost report to determine whether or not the
deficiency or need can be corrected or met by reallocating
nursing home staff, costs, revenues, or other resources
including any investments, efficiency incentives, or
allowances. If the commissioner determines that the deficiency
cannot be corrected or the need cannot be met, the commissioner
shall determine the payment rate adjustment by dividing the
additional annual costs established during the commissioner's
review by the nursing home's actual resident days from the most
recent desk-audited cost report. The payment rate adjustment
must meet the conditions in section 256B.47, subdivision 2, and
shall remain in effect until the receivership under section
144A.15 ends, or until another date the commissioner sets.
Upon the subsequent sale or transfer of the nursing home,
the commissioner may recover amounts paid through payment rate
adjustments under this paragraph. The buyer or transferee shall
repay this amount to the commissioner within 60 days after the
commissioner notifies the buyer or transferee of the obligation
to repay. The buyer or transferee must also repay the
private-pay resident the amount the private-pay resident paid
through payment rate adjustment.
Sec. 94. Minnesota Statutes 1990, section 256B.431, is
amended by adding a subdivision to read:
Subd. 9a. [ONE-TIME ADJUSTMENT FOR 21-MONTH FACTOR.] For
the rate period beginning October 1, 1992, the 21-month
inflation factor for operating costs shall be increased by
seven-tenths of one percent.
Sec. 95. Minnesota Statutes 1990, section 256B.431, is
amended by adding a subdivision to read:
Subd. 13. [HOLD-HARMLESS PROPERTY-RELATED RATES.] (a)
Terms used in subdivisions 13 to 21 shall be as defined in
Minnesota Rules, parts 9549.0010 to 9549.0080, and this section.
(b) Except as provided in this subdivision, for rate
periods beginning on October 1, 1992, and for rate years
beginning after June 30, 1993, the property-related rate for a
nursing facility shall be the greater of $4 or the
property-related payment rate in effect on September 30, 1992.
In addition, the incremental increase in the nursing facility's
rental rate will be determined under Minnesota Rules, parts
9549.0010 to 9549.0080, and this section.
(c) Notwithstanding Minnesota Rules, part 9549.0060,
subpart 13, item F, a nursing facility that has a sale permitted
under subdivision 14 after June 30, 1992, shall receive the
property-related payment rate in effect at the time of the sale
or reorganization. For rate periods beginning after October 1,
1992, and for rate years beginning after June 30, 1993, a
nursing facility shall receive, in addition to its
property-related payment rate in effect at the time of the sale,
the incremental increase allowed under subdivision 14.
Sec. 96. Minnesota Statutes 1990, section 256B.431, is
amended by adding a subdivision to read:
Subd. 14. [LIMITATIONS ON SALES OF NURSING FACILITIES.] (a)
For rate periods beginning on October 1, 1992, and for rate
years beginning after June 30, 1993, a nursing facility's
property-related payment rate as established under subdivision
13 shall be adjusted by either paragraph (b) or (c) for the sale
of the nursing facility, including sales occurring after June
30, 1992, as provided in this subdivision.
(b) If the nursing facility's property-related payment rate
under subdivision 13 prior to sale is greater than the nursing
facility's rental rate under Minnesota Rules, parts 9549.0010 to
9549.0080, and this section prior to sale, the nursing
facility's property-related payment rate after sale shall be the
greater of its property-related payment rate under subdivision
13 prior to sale or its rental rate under Minnesota Rules, parts
9549.0010 to 9549.0080, and this section calculated after sale.
(c) If the nursing facility's property-related payment rate
under subdivision 13 prior to sale is equal to or less than the
nursing facility's rental rate under Minnesota Rules, parts
9549.0010 to 9549.0080, and this section prior to sale, the
nursing facility's property-related payment rate after sale
shall be the nursing facility's property-related payment rate
under subdivision 13 plus the difference between its rental rate
calculated under Minnesota Rules, parts 9549.0010 to 9549.0080,
and this section prior to sale and its rental rate calculated
under Minnesota Rules, parts 9549.0010 to 9549.0080, and this
section calculated after sale.
(d) For purposes of this subdivision, "sale" means the
purchase of a nursing facility's capital assets with cash or
debt. The term sale does not include a stock purchase of a
nursing facility or any of the following transactions:
(1) a sale and leaseback to the same licensee that does not
constitute a change in facility license;
(2) a transfer of an interest to a trust;
(3) gifts or other transfers for no consideration;
(4) a merger of two or more related organizations;
(5) a change in the legal form of doing business, other
than a publicly held organization that becomes privately held or
vice versa;
(6) the addition of a new partner, owner, or shareholder
who owns less than 20 percent of the nursing home or the
issuance of stock; and
(7) a sale, merger, reorganization, or any other transfer
of interest between related organizations other than those
permitted in this section.
(e) For purposes of this subdivision, "effective date of
sale" means the later of either the date on which legal title to
the capital assets is transferred or the date on which closing
for the sale occurred.
(f) The effective day for the property-related payment rate
determined under this subdivision shall be the first day of the
month following the month in which the effective date of sale
occurs or October 1, 1992, whichever is later, provided that the
notice requirements under section 256B.47, subdivision 2, have
been met.
(g) Notwithstanding Minnesota Rules, part 9549.0060,
subpart 5, item A, subitems (3) and (4), and subpart 7, items E
and F, the commissioner shall limit the total allowable debt and
related interest for sales occurring after June 30, 1992, to the
sum of clauses (1) to (3):
(1) the historical cost of capital assets, as of the
nursing facility's most recent previous effective date of sale
or, if there has been no previous sale, the nursing facility's
initial historical cost of constructing capital assets;
(2) the average annual capital asset additions after
deduction for capital asset deletions, not including
depreciations; and
(3) one-half of the allowed inflation on the nursing
facility's capital assets. The commissioner shall compute the
allowed inflation as described in paragraph (h).
(h) For purposes of computing the amount of allowed
inflation, the commissioner must apply the following principles:
(1) the lesser of the Consumer Price Index for all urban
consumers or the Dodge Construction Systems Costs for Nursing
Homes for any time periods during which both are available must
be used. If the Dodge Construction Systems Costs for Nursing
Homes becomes unavailable, the commissioner shall substitute the
index in section 256B.431, subdivision 3f, or such other index
as the secretary of the health care financing administration may
designate;
(2) the amount of allowed inflation to be applied to the
capital assets in paragraph (g), clauses (1) and (2), must be
computed separately;
(3) the amount of allowed inflation must be determined on
an annual basis, prorated on a monthly basis for partial years
and if the initial month of use is not determinable for a
capital asset, then one-half of that calendar year shall be used
for purposes of prorating;
(4) the amount of allowed inflation to be applied to the
capital assets in paragraph (g), clauses (1) and (2), must not
exceed 300 percent of the total capital assets in any one of
those clauses; and
(5) the allowed inflation must be computed starting with
the month following the nursing facility's most recent previous
effective date of sale or, if there has been no previous sale,
the month following the date of the nursing facility's initial
occupancy, and ending with the month preceding the effective
date of sale.
(i) If the historical cost of a capital asset is not
readily available for the date of the nursing facility's most
recent previous sale or if there has been no previous sale for
the date of the nursing facility's initial occupancy, then the
commissioner shall limit the total allowable debt and related
interest after sale to the extent recognized by the Medicare
intermediary after the sale. For a nursing facility that has no
historical capital asset cost data available and does not have
allowable debt and interest calculated by the Medicare
intermediary, the commissioner shall use the historical cost of
capital asset data from the point in time for which capital
asset data is recorded in the nursing facility's audited
financial statements.
(j) The limitations in this subdivision apply only to debt
resulting from a sale of a nursing facility occurring after June
30, 1992, including debt assumed by the purchaser of the nursing
facility.
Sec. 97. Minnesota Statutes 1990, section 256B.431, is
amended by adding a subdivision to read:
Subd. 15. [CAPITAL REPAIR AND REPLACEMENT COST REPORTING
AND RATE CALCULATION.] For rate years beginning after June 30,
1993, a nursing facility's capital repair and replacement
payment rate shall be established annually as provided in
paragraphs (a) to (d).
(a) Notwithstanding Minnesota Rules, part 9549.0060,
subpart 12, the costs of acquiring the following items,
including cash payment for equity investment and principal and
interest expense for debt financing, shall be reported in the
capital repair and replacement cost category:
(1) wall coverings;
(2) paint;
(3) floor coverings;
(4) window coverings;
(5) roof repair;
(6) heating or cooling system repair or replacement;
(7) window repair or replacement;
(8) initiatives designed to reduce energy usage by the
facility if accompanied by an energy audit prepared by a
professional engineer or architect registered in Minnesota, or
by an auditor certified under Minnesota Rules, part 7635.0130,
to do energy audits and the energy audit identifies the
initiative as a conservation measure; and
(9) capitalized repair or replacement of capital assets not
included in the equity incentive computations under subdivision
16.
(b) To compute the capital repair and replacement payment
rate, the allowable annual repair and replacement costs for the
reporting year must be divided by actual resident days for the
reporting year. The annual allowable capital repair and
replacement costs shall not exceed $150 per licensed bed. The
excess of the allowed capital repair and replacement costs over
the capital repair and replacement limit shall be a cost
carryover to succeeding cost reporting periods, except that sale
of a facility, under subdivision 14, shall terminate the
carryover of all costs except those incurred in the most recent
cost reporting year. The termination of the carryover shall
have effect on the capital repair and replacement rate on the
same date as provided in subdivision 14, paragraph (f), for the
sale. For rate years beginning after June 30, 1994, the capital
repair and replacement limit shall be subject to the index
provided in subdivision 3f, paragraph (a). For purposes of this
subdivision, the number of licensed beds shall be the number
used to calculate the nursing facility's capacity days. The
capital repair and replacement rate must be added to the nursing
facility's total payment rate.
(c) Capital repair and replacement costs under this
subdivision shall not be counted as either care-related or other
operating costs, nor subject to care-related or other operating
limits.
(d) If costs otherwise allowable under this subdivision are
incurred as the result of a project approved under the
moratorium exception process in section 144A.073, or in
connection with an addition to or replacement of buildings,
attached fixtures, or land improvements for which the total
historical cost of these assets exceeds the lesser of $150,000
or ten percent of the nursing facility's appraised value, these
costs must be claimed under subdivisions 16 or 17, as
appropriate.
Sec. 98. Minnesota Statutes 1990, section 256B.431, is
amended by adding a subdivision to read:
Subd. 16. [MAJOR ADDITIONS AND REPLACEMENTS; EQUITY
INCENTIVE.] For rate years beginning after June 30, 1993, if a
nursing facility acquires capital assets in connection with a
project approved under the moratorium exception process in
section 144A.073 or in connection with an addition to or
replacement of buildings, attached fixtures, or land
improvements for which the total historical cost of those
capital asset additions exceeds the lesser of $150,000 or ten
percent of the most recent appraised value, the nursing facility
shall be eligible for an equity incentive payment rate as in
paragraphs (a) to (d). This computation is separate from the
determination of the nursing facility's rental rate. An equity
incentive payment rate as computed under this subdivision is
limited to one in a 12-month period.
(a) An eligible nursing facility shall receive an equity
incentive payment rate equal to the allowable historical cost of
the capital asset acquired, minus the allowable debt directly
identified to that capital asset, multiplied by the equity
incentive factor as described in paragraphs (b) and (c), and
divided by the nursing facility's occupancy factor under
subdivision 3f, paragraph (c). This amount shall be added to
the nursing facility's total payment rate and shall be effective
the same day as the incremental increase in paragraph (d) or
subdivision 17. The allowable historical cost of the capital
assets and the allowable debt shall be determined as provided in
Minnesota Rules, parts 9549.0010 to 9549.0080, and this section.
(b) The equity incentive factor shall be determined under
clauses (1) to (4):
(1) divide the initial allowable debt in paragraph (a) by
the initial historical cost of the capital asset additions
referred to in paragraph (a), then cube the quotient,
(2) subtract the amount calculated in clause (1) from the
number one,
(3) determine the difference between the rental factor and
the lesser of two percentage points above the posted yield for
standard conventional fixed rate mortgages of the Federal Home
Loan Mortgage Corporation as published in the Wall Street
Journal and in effect on the first day of the month the debt or
cost is incurred, or 16 percent,
(4) multiply the amount calculated in clause (2) by the
amount calculated in clause (3).
(c) The equity incentive payment rate shall be limited to
the term of the allowable debt in paragraph (a), not greater
than 20 years nor less than ten years. If no debt is incurred
in acquiring the capital asset, the equity incentive payment
rate shall be paid for ten years. The sale of a nursing
facility under subdivision 14 shall terminate application of the
equity incentive payment rate effective on the date provided in
subdivision 4, paragraph (f), for the sale.
(d) A nursing facility with an addition to or a renovation
of its buildings, attached fixtures, or land improvements
meeting the criteria in this subdivision and not receiving the
property-related payment rate adjustment in subdivision 17,
shall receive the incremental increase in the nursing facility's
rental rate as determined under Minnesota Rules, parts 9549.0010
to 9549.0080, and this section. The incremental increase shall
be added to the nursing facility's property-related payment rate.
The effective date of this incremental increase shall be the
first day of the month following the month in which the addition
or replacement is completed.
Sec. 99. Minnesota Statutes 1990, section 256B.431, is
amended by adding a subdivision to read:
Subd. 17. [SPECIAL PROVISIONS FOR MORATORIUM
EXCEPTIONS.] (a) Notwithstanding Minnesota Rules, part
9549.0060, subpart 3, for rate periods beginning on October 1,
1992, and for rate years beginning after June 30, 1993, a
nursing facility that has completed a renovation, replacement,
or upgrading project approved under the moratorium exception
process in section 144A.073 shall be reimbursed for costs
directly identified to that project as provided in subdivision
16 and this subdivision.
(b) Notwithstanding Minnesota Rules, part 9549.0060,
subpart 5, item A, subitems (1) and (3), and subpart 7, item D,
allowable interest expense on debt shall include:
(1) interest expense on debt related to the cost of
purchasing or replacing depreciable equipment, excluding
vehicles, not to exceed six percent of the total historical cost
of the project; and
(2) interest expense on debt related to financing or
refinancing costs, including costs related to points, loan
origination fees, financing charges, legal fees, and title
searches; and issuance costs including bond discounts, bond
counsel, underwriter's counsel, corporate counsel, printing, and
financial forecasts. Allowable debt related to items in this
clause shall not exceed seven percent of the total historical
cost of the project. To the extent these costs are financed,
the straight-line amortization of the costs in this clause is
not an allowable cost; and
(3) interest on debt incurred for the establishment of a
debt reserve fund, net of the interest earned on the debt
reserve fund.
(c) Debt incurred for costs under paragraph (b) is not
subject to Minnesota Rules, part 9549.0060, subpart 5, item A,
subitem (5) or (6).
(d) The incremental increase in a nursing facility's rental
rate, determined under Minnesota Rules, parts 9549.0010 to
9549.0080, and this section, resulting from the acquisition of
allowable capital assets, and allowable debt and interest
expense under this subdivision shall be added to its
property-related payment rate and shall be effective on the
first day of the month following the month in which the
moratorium project was completed.
(e) Notwithstanding subdivision 3f, paragraph (a), for rate
periods beginning on October 1, 1992, and for rate years
beginning after June 30, 1993, the replacement-costs-new per bed
limit to be used in Minnesota Rules, part 9549.0060, subpart 4,
item B, for a nursing facility that has completed a renovation,
replacement, or upgrading project that has been approved under
the moratorium exception process in section 144A.073, or that
has completed an addition to or replacement of buildings,
attached fixtures, or land improvements for which the total
historical cost exceeds the lesser of $150,000 or ten percent of
the most recent appraised value, must be $47,500 per licensed
bed in multiple-bed rooms and $71,250 per licensed bed in a
single-bed room. These amounts must be adjusted annually as
specified in subdivision 3f, paragraph (a), beginning January 1,
1993.
Sec. 100. Minnesota Statutes 1990, section 256B.431, is
amended by adding a subdivision to read:
Subd. 18. [APPRAISALS; UPDATING APPRAISALS, ADDITIONS, AND
REPLACEMENTS.] (a) Notwithstanding Minnesota Rules, part
9549.0060, subparts 1 to 3, the appraised value, routine
updating of the appraised value, and special reappraisals are
subject to this subdivision.
(1) For rate years beginning after June 30, 1993, the
commissioner shall permit a nursing facility to appeal its
appraisal according to the procedures provided in section
256B.50, subdivision 2. Any reappraisals conducted in
connection with that appeal must utilize the comparative-unit
method as described in the Marshall Valuation Service published
by Marshall-Swift in establishing the nursing facility's
depreciated replacement cost.
Nursing facilities electing to appeal their appraised value
shall file written notice of appeal with the commissioner of
human services before December 30, 1992. The cost of the
reappraisal, if any, shall be considered an allowable cost under
Minnesota Rules, parts 9549.0040, subpart 9, and 9549.0061.
(2) The redetermination of a nursing facility's appraised
value under this paragraph shall have no impact on the rental
payment rate determined under subdivision 13 but shall only be
used for calculating the nursing facility's rental rate under
Minnesota Rules, parts 9549.0010 to 9549.0080, and this section
for rate years beginning after June 30, 1993.
(3) For all rate years after June 30, 1993, the
commissioner shall no longer conduct any appraisals under
Minnesota Rules, part 9549.0060, for the purpose of determining
property-related payment rates.
(b) Notwithstanding Minnesota Rules, part 9549.0060,
subpart 2, for rate years beginning after June 30, 1993, the
commissioner shall routinely update the appraised value of each
nursing facility by adding the cost of capital asset
acquisitions to its allowable appraised value.
The commissioner shall also annually index each nursing
facility's allowable appraised value by the inflation index
referenced in subdivision 3f, paragraph (a), for the purpose of
computing the nursing facility's annual rental rate. In
annually adjusting the nursing facility's appraised value, the
commissioner must not include the historical cost of capital
assets acquired during the reporting year in the nursing
facility's appraised value.
In addition, the nursing facility's appraised value must be
reduced by the historical cost of capital asset disposals or
applicable credits such as public grants and insurance
proceeds. Capital asset additions and disposals must be
reported on the nursing facility's annual cost report in the
reporting year of acquisition or disposal. The incremental
increase in the nursing facility's rental rate resulting from
this annual adjustment as determined under Minnesota Rules,
parts 9549.0010 to 9549.0080, and this section shall be added to
the nursing facility's property-related payment rate for the
rate year following the reporting year.
Sec. 101. Minnesota Statutes 1990, section 256B.431, is
amended by adding a subdivision to read:
Subd. 19. [REFINANCING INCENTIVE.] (a) A nursing facility
that refinances debt after May 30, 1992, in order to save in
interest expense payments as determined in clauses (1) to (5)
may be eligible for the refinancing incentive under this
subdivision. To be eligible for the refinancing incentive, a
nursing facility must notify the commissioner in writing of such
a refinancing within 60 days following the date on which the
refinancing occurs. If the nursing facility meets these
conditions, the commissioner shall determine the refinancing
incentive as in clauses (1) to (5).
(1) Compute the aggregate amount of interest expense,
including amortized issuance and financing costs, remaining on
the debt to be refinanced, and divide this amount by the number
of years remaining for the term of that debt.
(2) Compute the aggregate amount of interest expense,
including amortized issuance and financing costs, for the new
debt, and divide this amount by the number of years for the term
of that debt.
(3) Subtract the amount in clause (2) from the amount in
clause (1), and multiply the amount, if positive, by .5.
(4) The amount in clause (3) shall be divided by the
nursing facility's occupancy factor under subdivision 3f,
paragraph (c).
(5) The per diem amount in clause (4) shall be deducted
from the nursing facility's property-related payment rate for
three full rate years following the rate year in which the
refinancing occurs. For the fourth full rate year following the
rate year in which the refinancing occurs, and each rate year
thereafter, the per diem amount in clause (4) shall again be
deducted from the nursing facility's property-related payment
rate.
(b) An increase in a nursing facility's debt for costs in
subdivision 17, paragraph (b), clause (2), including the cost of
refinancing the issuance or financing costs of the debt
refinanced resulting from refinancing that meets the conditions
of this section shall be allowed, notwithstanding Minnesota
Rules, part 9549.0060, subpart 5, item A, subitem (6).
(c) The proceeds of refinancing may not be used for the
purpose of withdrawing equity from the nursing facility.
(d) Sale of a nursing facility under subdivision 14 shall
terminate the payment of the incentive payments under this
subdivision effective the date provided in subdivision 14,
paragraph (f), for the sale, and the full amount of the
refinancing incentive in paragraph (a) shall be implemented.
(e) If a nursing facility eligible under this subdivision
fails to notify the commissioner as required, the commissioner
shall determine the full amount of the refinancing incentive in
paragraph (a), and shall deduct one-half that amount from the
nursing facility's property-related payment rate effective the
first day of the month following the month in which the
refinancing is completed. For the next three full rate years,
the commissioner shall deduct one-half the amount in paragraph
(a), clause (5). The remaining per diem amount shall be
deducted in each rate year thereafter.
(f) The commissioner shall reestablish the nursing
facility's rental rate under Minnesota Rules, parts 9549.0010 to
9549.0080, and this section following the refinancing using the
new debt and interest expense information for the purpose of
measuring future incremental rental increases.
Sec. 102. Minnesota Statutes 1990, section 256B.431, is
amended by adding a subdivision to read:
Subd. 20. [SPECIAL PROPERTY RATE SETTING.] For rate
periods beginning on October 1, 1992, and for rate years
beginning after June 30, 1993, the property-related payment rate
for a nursing facility approved for total replacement under the
moratorium exception process in section 144A.073 through an
addition to another nursing facility shall have its
property-related rate under subdivision 13 recalculated using
the greater of actual resident days or 80 percent of capacity
days. This rate shall apply until the nursing facility is
replaced or until the moratorium exception authority lapses,
whichever is sooner.
Sec. 103. Minnesota Statutes 1990, section 256B.431, is
amended by adding a subdivision to read:
Subd. 21. [INDEXING THRESHHOLDS.] Beginning January 1,
1993, and each January 1 thereafter, the commissioner shall
annually update the dollar threshholds in subdivision 15,
paragraph (d), subdivisions 16 and 17, and in section 144A.071,
subdivision 2, and subdivision 3, clauses (h) and (p), by the
inflation index referenced in subdivision 3f, paragraph (a).
Sec. 104. Minnesota Statutes 1990, section 256B.432, is
amended by adding a subdivision to read:
Subd. 7. [RECEIVERSHIPS.] This section does not apply to
payment rates determined under sections 245A.12, 245A.13, and
256B.495, except that any additional directly identified costs
associated with the department of human services' or the
department of health's managing agent under a receivership
agreement must be allocated to the facility under receivership,
and are nonallowable costs to the managing agent on the
facility's cost reports.
Sec. 105. Minnesota Statutes 1990, section 256B.433,
subdivision 1, is amended to read:
Subdivision 1. [SETTING PAYMENT; MONITORING USE OF THERAPY
SERVICES.] The commissioner shall promulgate rules pursuant to
the administrative procedure act to set the amount and method of
payment for ancillary materials and services provided to
recipients residing in nursing homes. Payment for materials and
services may be made to either the nursing home in the operating
cost per diem, to the vendor of ancillary services pursuant to
Minnesota Rules, parts 9500.0750 to 9500.1080 9505.0170 to
9505.0475 or to a nursing home pursuant to Minnesota Rules,
parts 9500.0750 to 9500.1080 9505.0170 to 9505.0475. Payment
for the same or similar service to a recipient shall not be made
to both the nursing home and the vendor. The commissioner shall
ensure the avoidance of double payments through audits and
adjustments to the nursing home's annual cost report as required
by section 256B.47, and that charges and arrangements for
ancillary materials and services are cost effective and as would
be incurred by a prudent and cost-conscious buyer. Therapy
services provided to a recipient must be medically necessary and
appropriate to the medical condition of the recipient. If the
vendor, nursing home, or ordering physician cannot provide
adequate medical necessity justification, as determined by the
commissioner, in consultation with an advisory task force that
meets the requirements of section 256B.064, subdivision 1a, the
commissioner may recover or disallow the payment for the
services and may require prior authorization for therapy
services as a condition of payment or may impose administrative
sanctions to limit the vendor, nursing home, or ordering
physician's participation in the medical assistance program. If
the provider number of a nursing home is used to bill services
provided by a vendor of therapy services that is not related to
the nursing home by ownership, control, affiliation, or
employment status, no withholding of payment shall be imposed
against the nursing home for services not medically necessary
except for funds due the unrelated vendor of therapy services as
provided in subdivision 3, paragraph (c). For the purpose of
this subdivision, no monetary recovery may be imposed against
the nursing home for funds paid to the unrelated vendor of
therapy services as provided in subdivision 3, paragraph (c),
for services not medically necessary. For purposes of this
section and section 256B.47, therapy includes physical therapy,
occupational therapy, speech therapy, audiology, and mental
health services that are covered services according to Minnesota
Rules, parts 9505.0170 to 9505.0475, and that could be
reimbursed separately from the nursing home per diem.
Sec. 106. Minnesota Statutes 1990, section 256B.433,
subdivision 2, is amended to read:
Subd. 2. [CERTIFICATION THAT TREATMENT IS APPROPRIATE.]
The physical therapist, occupational therapist, speech
therapist, mental health professional, or audiologist who
provides or supervises the provision of therapy services, other
than an initial evaluation, to a medical assistance recipient
must certify in writing that the therapy's nature, scope,
duration, and intensity are appropriate to the medical condition
of the recipient every 30 days. The therapist's statement of
certification must be maintained in the recipient's medical
record together with the specific orders by the physician and
the treatment plan. If the recipient's medical record does not
include these documents, the commissioner may recover or
disallow the payment for such services. If the therapist
determines that the therapy's nature, scope, duration, or
intensity is not appropriate to the medical condition of the
recipient, the therapist must provide a statement to that effect
in writing to the nursing home for inclusion in the recipient's
medical record. The commissioner shall utilize a peer review
program that meets the requirements of section 256B.064,
subdivision 1a, to make recommendations regarding the medical
necessity of services provided.
Sec. 107. Minnesota Statutes 1990, section 256B.433,
subdivision 3, is amended to read:
Subd. 3. [SEPARATE BILLINGS FOR THERAPY SERVICES.] Until
new procedures are developed under subdivision 4, payment for
therapy services provided to nursing home residents that are
billed separate from nursing home's payment rate or according to
Minnesota Rules, parts 9500.0750 to 9500.1080 9505.0170 to
9505.0475, shall be subject to the following requirements:
(a) The practitioner invoice must include, in a format
specified by the commissioner, the provider number of the
nursing home where the medical assistance recipient resides
regardless of the service setting.
(b) Nursing homes that are related by ownership, control,
affiliation, or employment status to the vendor of therapy
services shall report, in a format specified by the
commissioner, the revenues received during the reporting year
for therapy services provided to residents of the nursing home.
For rate years beginning on or after July 1, 1988, the
commissioner shall offset the revenues received during the
reporting year for therapy services provided to residents of the
nursing home to the total payment rate of the nursing home by
dividing the amount of offset by the nursing home's actual
resident days. Except as specified in paragraphs (d) and (f),
the amount of offset shall be the revenue in excess of 108
percent of the cost removed from the cost report resulting from
the requirement of the commissioner to ensure the avoidance of
double payments as determined by section 256B.47. Therapy
revenues that are specific to mental health services shall be
subject to this paragraph for rate years beginning after June
30, 1993. In establishing a new base period for the purpose of
setting operating cost payment rate limits and rates, the
commissioner shall not include the revenues offset in accordance
with this section.
(c) For rate years beginning on or after July 1, 1987,
nursing homes shall limit charges in total to vendors of therapy
services for renting space, equipment, or obtaining other
services during the rate year to 108 percent of the annualized
cost removed from the reporting year cost report resulting from
the requirement of the commissioner to ensure the avoidance of
double payments as determined by section 256B.47. If the
arrangement for therapy services is changed so that a nursing
home is subject to this paragraph instead of paragraph (b), the
cost that is used to determine rent must be adjusted to exclude
the annualized costs for therapy services that are not provided
in the rate year. The maximum charges to the vendors shall be
based on the commissioner's determination of annualized cost and
may be subsequently adjusted upon resolution of appeals. Mental
health services shall be subject to this paragraph for rate
years beginning after June 30, 1993.
(d) The commissioner shall require reporting of all
revenues relating to the provision of therapy services and shall
establish a therapy cost, as determined by section 256B.47, to
revenue ratio for the reporting year ending in 1986. For
subsequent reporting years, the ratio may increase five
percentage points in total until a new base year is established
under paragraph (e). Increases in excess of five percentage
points may be allowed if adequate justification is provided to
and accepted by the commissioner. Unless an exception is
allowed by the commissioner, the amount of offset in paragraph
(b) is the greater of the amount determined in paragraph (b) or
the amount of offset that is imputed based on one minus the
lesser of (1) the actual reporting year ratio or (2) the base
reporting year ratio increased by five percentage points,
multiplied by the revenues.
(e) The commissioner may establish a new reporting year
base for determining the cost to revenue ratio.
(f) If the arrangement for therapy services is changed so
that a nursing home is subject to the provisions of paragraph
(b) instead of paragraph (c), an average cost to revenue ratio
based on the ratios of nursing homes that are subject to the
provisions of paragraph (b) shall be imputed for paragraph (d).
(g) This section does not allow unrelated nursing homes to
reorganize related organization therapy services and provide
services among themselves to avoid offsetting revenues. Nursing
homes that are found to be in violation of this provision shall
be subject to the penalty requirements of section 256B.48,
subdivision 1, paragraph (f).
Sec. 108. Minnesota Statutes 1990, section 256B.48,
subdivision 1b, is amended to read:
Subd. 1b. [EXCEPTION.] Notwithstanding any agreement
between a nursing home and the department of human services or
the provisions of this section or section 256B.411, other than
subdivision 1a, the commissioner may authorize continued medical
assistance payments to a nursing home which ceased intake of
medical assistance recipients prior to July 1, 1983, and which
charges private paying residents rates that exceed those
permitted by subdivision 1, paragraph (a), for (i) residents who
resided in the nursing home before July 1, 1983, or (ii)
residents for whom the commissioner or any predecessors of the
commissioner granted a permanent individual waiver prior to
October 1, 1983. Nursing homes seeking continued medical
assistance payments under this subdivision shall make the
reports required under subdivision 2, except that on or after
December 31, 1985, the financial statements required need not be
audited by or contain the opinion of a certified public
accountant or licensed public accountant, but need only be
reviewed by a certified public accountant or licensed public
accountant. In the event that the state is determined by the
federal government to be no longer eligible for the federal
share of medical assistance payments made to a nursing home
under this subdivision, the commissioner may cease medical
assistance payments, under this subdivision, to that nursing
home. Between October 1, 1992, and July 1, 1993, a facility
governed by this subdivision may elect to resume full
participation in the medical assistance program by agreeing to
comply with all of the requirements of the medical assistance
program, including the rate equalization law in subdivision 1,
paragraph (a), and all other requirements established in law or
rule, and to resume intake of new medical assistance recipients.
Sec. 109. Minnesota Statutes 1990, section 256B.48,
subdivision 2, is amended to read:
Subd. 2. [REPORTING REQUIREMENTS.] No later than December
31 of each year, a skilled nursing facility or intermediate care
facility, including boarding care facilities, which receives
medical assistance payments or other reimbursements from the
state agency shall:
(a) Provide the state agency with a copy of its audited
financial statements. The audited financial statements must
include a balance sheet, income statement, statement of the rate
or rates charged to private paying residents, statement of
retained earnings, statement of cash flows, notes to the
financial statements, audited applicable supplemental
information, and the certified public accountant's or licensed
public accountant's opinion. The examination by the certified
public accountant or licensed public accountant shall be
conducted in accordance with generally accepted auditing
standards as promulgated and adopted by the American Institute
of Certified Public Accountants;
(b) Provide the state agency with a statement of ownership
for the facility;
(c) Provide the state agency with separate, audited
financial statements as specified in clause (a) for every other
facility owned in whole or part by an individual or entity which
has an ownership interest in the facility;
(d) Upon request, provide the state agency with separate,
audited financial statements as specified in clause (a) for
every organization with which the facility conducts business and
which is owned in whole or in part by an individual or entity
which has an ownership interest in the facility;
(e) Provide the state agency with copies of leases,
purchase agreements, and other documents related to the lease or
purchase of the nursing facility;
(f) Upon request, provide the state agency with copies of
leases, purchase agreements, and other documents related to the
acquisition of equipment, goods, and services which are claimed
as allowable costs; and
(g) Permit access by the state agency to the certified
public accountant's and licensed public accountant's audit
workpapers which support the audited financial statements
required in clauses (a), (c), and (d).
Documents or information provided to the state agency
pursuant to this subdivision shall be public. If the
requirements of clauses (a) to (g) are not met, the
reimbursement rate may be reduced to 80 percent of the rate in
effect on the first day of the fourth calendar month after the
close of the reporting year, and the reduction shall continue
until the requirements are met.
Both nursing facilities and intermediate care facilities
for the mentally retarded must maintain statistical and
accounting records in sufficient detail to support information
contained in the facility's cost report for at least five years,
including the year following the submission of the cost report.
For computerized accounting systems, the records must include
copies of electronically generated media such as magnetic discs
and tapes.
Sec. 110. Minnesota Statutes 1990, section 256B.48,
subdivision 3, is amended to read:
Subd. 3. [INCOMPLETE OR INACCURATE REPORTS.] The
commissioner may reject any annual cost report filed by a
nursing home pursuant to this chapter if the commissioner
determines that the report or the information required in
subdivision 2, clause (a) has been filed in a form that is
incomplete or inaccurate. In the event that a report is
rejected pursuant to this subdivision, the commissioner shall
reduce the reimbursement rate to a nursing home to 80 percent of
its most recently established rate until the information is
completely and accurately filed. The reinstatement of the total
reimbursement rate is retroactive.
Sec. 111. Minnesota Statutes 1990, section 256B.48, is
amended by adding a subdivision to read:
Subd. 3a. [AUDIT ADJUSTMENTS.] If the commissioner
requests supporting documentation during a field audit for an
item of cost reported by a long-term care facility, and the
long-term care facility's response does not adequately document
the item of cost, the commissioner may make reasoned assumptions
considered appropriate in the absence of the requested
documentation to reasonably establish a payment rate rather than
disallow the entire item of cost. This provision shall not
diminish the long-term care facility's appeal rights.
Sec. 112. Minnesota Statutes 1990, section 256B.48,
subdivision 4, is amended to read:
Subd. 4. [EXTENSIONS.] The commissioner may grant up to a
15-day extension of the reporting deadline to a nursing home for
good cause. To receive such an extension, a nursing home shall
submit a written request by December 1. The commissioner will
notify the nursing home of the decision by December 15. Between
December 1 and December 31, the nursing facility may request a
reporting extension for good cause by telephone and followed by
a written request.
Sec. 113. Minnesota Statutes 1990, section 256B.48, is
amended by adding a subdivision to read:
Subd. 9. [MEDICAL ASSISTANCE PARTICIPATION FOR CERTAIN
FACILITIES.] An agreement entered into between a nursing
facility and the commissioner of human services that limits the
number of residents that will be reimbursed under the medical
assistance program as a condition of allowing additional beds to
be certified under section 144A.071, subdivision 3a, terminates
effective October 1, 1992.
Sec. 114. Minnesota Statutes 1991 Supplement, section
256B.49, subdivision 4, is amended 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. For fiscal years beginning after June 30, 1993,
the commissioner of human services shall not provide automatic
annual inflation adjustments for home- and community-based
waivered services. The commissioner of finance shall include,
as a budget change request in each biennial detailed expenditure
budget submitted to the legislature under section 16A.11, annual
adjustments in reimbursement rates for each home- and
community-based waivered service program.
Sec. 115. Minnesota Statutes 1990, section 256B.495,
subdivision 1, is amended to read:
Subdivision 1. [PAYMENT OF RECEIVERSHIP FEES.] The
commissioner in consultation with the commissioner of health may
establish a receivership fee payment that exceeds a long-term
care nursing facility payment rate when the commissioner of
health determines a long-term care nursing facility is subject
to the receivership provisions under section 144A.14 or
144A.15 or the commissioner of human services determines that a
facility is subject to the receivership under section 245A.12 or
245A.13. In establishing the receivership fee payment, the
commissioner must reduce the receiver's requested receivership
fee by amounts that the commissioner determines are included in
the long-term care nursing facility's payment rate and that can
be used to cover part or all of the receivership fee. Amounts
that can be used to reduce the receivership fee shall be
determined by reallocating facility staff or costs that were
formerly paid by the long-term care nursing facility before the
receivership and are no longer required to be paid. The amounts
may include any efficiency incentive, allowance, and other
amounts not specifically required to be paid for expenditures of
the long-term care nursing facility.
If the receivership fee cannot be covered by amounts in the
long-term care nursing facility's payment rate, a receivership
fee payment shall be set according to paragraphs (a) and (b) and
payment shall be according to paragraphs (c) to (e).
(a) The receivership fee per diem shall be determined by
dividing the annual receivership fee payment by the long-term
care nursing facility's resident days from the most recent cost
report for which the commissioner has established a payment rate
or the estimated resident days in the projected receivership fee
period.
(b) The receivership fee per diem shall be added to the
long-term care nursing facility's payment rate.
(c) Notification of the payment rate increase must meet the
requirements of section 256B.47, subdivision 2.
(d) The payment rate in paragraph (b) for a nursing home
facility shall be effective the first day of the month following
the receiver's compliance with the notice conditions in
paragraph (c). The payment rate in paragraph (b) for an
intermediate care facility for the mentally retarded shall be
effective on the first day of the rate year in which the
receivership fee per diem is determined.
(e) The commissioner may elect to make a lump sum payment
of a portion of the receivership fee to the receiver or managing
agent. In this case, the commissioner and the receiver or
managing agent shall agree to a repayment plan. Regardless of
whether the commissioner makes a lump sum payment under this
paragraph, the provisions of paragraphs (a) to (d) and
subdivision 2 also apply.
Sec. 116. Minnesota Statutes 1990, section 256B.495, is
amended by adding a subdivision to read:
Subd. 1a. [RECEIVERSHIP PAYMENT RATE ADJUSTMENT.] Upon
receiving a recommendation from the commissioner of health for a
review of rates under section 144A.154, the commissioner may
grant an adjustment to the nursing home's payment rate. The
commissioner shall review the recommendation of the commissioner
of health, together with the nursing home's cost report to
determine whether or not the deficiency or need can be corrected
or met by reallocating nursing home staff, costs, revenues, or
other resources including any investments, efficiency
incentives, or allowances. If the commissioner determines that
the deficiency cannot be corrected or the need cannot be met,
the commissioner shall determine the payment rate adjustment by
dividing the additional annual costs established during the
commissioner's review by the nursing home's actual resident days
from the most recent desk-audited cost report.
Sec. 117. Minnesota Statutes 1990, section 256B.495,
subdivision 2, is amended to read:
Subd. 2. [DEDUCTION OF ADDITIONAL RECEIVERSHIP FEE
PAYMENTS UPON TERMINATION OF RECEIVERSHIP.] If the commissioner
has established a receivership fee per diem for a long-term care
nursing facility in receivership under subdivision 1 or a
payment rate adjustment under subdivision 1a, the commissioner
must deduct the these receivership fee payments according to
paragraphs (a) to (c).
(a) The total receivership fee payments shall be the
receivership fee per diem plus the payment rate adjustment
multiplied by the number of resident days for the period of the
receivership fee payments. If actual resident days for the
receivership fee payment period are not made available within
two weeks of the commissioner's written request, the
commissioner shall compute the resident days by prorating the
facility's resident days based on the number of calendar days
from each portion of the long-term care nursing facility's
reporting years covered by the receivership period.
(b) The amount determined in paragraph (a) must be divided
by the long-term care nursing facility's resident days for the
reporting year in which the receivership period ends.
(c) The per diem amount in paragraph (b) shall be
subtracted from the long-term care nursing facility's operating
cost payment rate for the rate year following the reporting year
in which the receivership period ends. This provision applies
whether or not there is a sale or transfer of the nursing
facility, unless the provisions of subdivision 5 apply.
Sec. 118. Minnesota Statutes 1990, section 256B.495, is
amended by adding a subdivision to read:
Subd. 4. [DOWNSIZING AND CLOSING NURSING FACILITIES.] (a)
If the nursing facility is subject to a downsizing to closure
process during the period of receivership, the commissioner may
reestablish the nursing facility's payment rate. The payment
rate shall be established based on the nursing facility's
budgeted operating costs, the receivership property related
costs, and the management fee costs for the receivership period
divided by the facility's estimated resident days for the same
period. The commissioner of health and the commissioner shall
make every effort to first facilitate the transfer of private
paying residents to alternate service sites prior to the
effective date of the payment rate. The cost limits and the
case mix provisions in the rate setting system shall not apply
during the portion of the receivership period over which the
nursing facility downsizes to closure.
(b) Any payment rate adjustment under this subdivision must
meet the conditions in section 256B.47, subdivision 2, and shall
remain in effect until the receivership ends, or until another
date the commissioner sets.
Sec. 119. Minnesota Statutes 1990, section 256B.495, is
amended by adding a subdivision to read:
Subd. 5. [SALE OR TRANSFER OF A NURSING FACILITY IN
RECEIVERSHIP AFTER CLOSURE.] (a) Upon the subsequent sale or
transfer of a nursing facility in receivership, the commissioner
must recover any amounts paid through payment rate adjustments
under subdivision 4 which exceed the normal cost of operating
the nursing facility. Examples of costs in excess of the normal
cost of operating the nursing facility include the managing
agent's fee, directly identifiable costs of the managing agent,
bonuses paid to employees for their continued employment during
the downsizing to closure of the nursing facility,
prereceivership expenditures paid by the receiver, additional
professional services such as accountants, psychologists, and
dietitians, and other similar costs incurred by the receiver to
complete receivership. The buyer or transferee shall repay this
amount to the commissioner within 60 days after the commissioner
notifies the buyer or transferee of the obligation to repay.
The buyer or transferee must also repay the private-pay resident
the amount the private-pay resident paid through payment rate
adjustment.
(b) If a nursing facility with payment rates subject to
subdivision 4, paragraph (a), is later sold while the nursing
facility is in receivership, the payment rates in effect prior
to the receivership shall be the new owner's payment rates.
Those payment rates shall continue to be in effect until the
rate year following the reporting period ending on September 30
for the new owner. The reporting period shall, whenever
possible, be at least five consecutive months. If the reporting
period is less than five months but more than three months, the
nursing facility's resident days for the last two months of the
reporting period must be annualized over the reporting period
for the purpose of computing the payment rate for the rate year
following the reporting period.
Sec. 120. Minnesota Statutes 1990, section 256B.50,
subdivision 1b, is amended to read:
Subd. 1b. [FILING AN APPEAL.] To appeal, the provider
shall file with the commissioner a written notice of appeal; the
appeal must be postmarked or received by the commissioner within
60 days of the date the determination of the payment rate was
mailed. The notice of appeal must specify each disputed item;
the reason for the dispute; the total dollar amount in dispute
for each separate disallowance, allocation, or adjustment of
each cost item or part of a cost item; the computation that the
provider believes is correct; the authority in statute or rule
upon which the provider relies for each disputed item; the name
and address of the person or firm with whom contacts may be made
regarding the appeal; and other information required by the
commissioner. The commissioner shall review an appeal by a
nursing facility, if the appeal was sent by certified mail and
postmarked prior to August 1, 1991, and would have been received
by the commissioner within the 60-day deadline if it had not
been delayed due to an error by the postal service.
Sec. 121. Minnesota Statutes 1990, section 256B.50,
subdivision 2, is amended to read:
Subd. 2. [APPRAISED VALUE.] (a) A nursing home may appeal
the determination of its appraised value, as determined by the
commissioner pursuant to section 256B.431 and rules established
thereunder. A written notice of appeal concerning the appraised
value of a nursing home's real estate as established by an
appraisal conducted after July 1, 1986, must be filed with the
commissioner within 60 days of the date the determination was
made and shall state the appraised value the nursing home
believes is correct for the building, land improvements, and
attached equipment and the name and address of the firm with
whom contacts may be made regarding the appeal. The appeal
request shall include a separate appraisal report prepared by an
independent appraiser of real estate which supports the total
appraised value claimed by the nursing home. The appraisal
report shall be based on an on-site inspection of the nursing
home's real estate using the depreciated replacement cost
method, must be in a form comparable to that used in the
commissioner's appraisal, and must pertain to the same time
period covered by the appealed appraisal. The appraisal report
shall include information related to the training, experience,
and qualifications of the appraiser who conducted and prepared
the appraisal report for the nursing home. An appeal request
shall be deemed timely if it is postmarked or received by the
commissioner within the time limits established for filing such
appeal requests.
(b) A nursing home which has filed an appeal request prior
to the effective date of Laws 1987, chapter 403, concerning the
appraised value of its real estate as established by an
appraisal conducted before July 1, 1986, must submit to the
commissioner the information described under paragraph (a)
within 60 days of the effective date of Laws 1987, chapter 403,
in order to preserve the appeal.
(c) An appeal request which has been filed pursuant to the
provisions of paragraph (a) or (b) shall be finally resolved
through an agreement entered into by and between the
commissioner and the nursing home or by the determination of an
independent appraiser based upon an on-site inspection of the
nursing home's real estate using the depreciated replacement
cost method, in a form comparable to that used in the
commissioner's appraisal, and pertaining to the same time period
covered by the appealed appraisal. The appraiser shall be
selected by the commissioner and the nursing home by alternately
striking names from a list of appraisers approved for state
contracts by the commissioner of administration. The appraiser
shall make assurances to the satisfaction of the commissioner
and the nursing home that the appraiser is experienced in the
use of the depreciated cost method of appraisals and that the
appraiser is free of any personal, political, or economic
conflict of interest that may impair the ability to function in
a fair and objective manner. The commissioner shall pay costs
of the appraiser through a negotiated rate for services of the
appraiser.
(d) The decision of the appraiser is final and is not
appealable. Exclusive jurisdiction for appeals of the appraised
value of nursing homes lies with the procedures set out in this
subdivision. No court of law shall possess subject matter
jurisdiction to hear appeals of appraised value determinations
of nursing homes.
Sec. 122. Minnesota Statutes 1990, section 256B.501,
subdivision 3c, is amended to read:
Subd. 3c. [COMPOSITE FORECASTED INDEX.] For rate years
beginning on or after October 1, 1988, the commissioner shall
establish a statewide composite forecasted index to take into
account economic trends and conditions between the midpoint of
the facility's reporting year and the midpoint of the rate year
following the reporting year. The statewide composite index
must incorporate the forecast by Data Resources, Inc. of
increases in the average hourly earnings of nursing and personal
care workers indexed in Standard Industrial Code 805 in
"Employment and Earnings," published by the Bureau of Labor
Statistics, United States Department of Labor. This portion of
the index must be weighted annually by the proportion of total
allowable salaries and wages to the total allowable operating
costs in the program, maintenance, and administrative operating
cost categories for all facilities.
For adjustments to the other operating costs in the
program, maintenance, and administrative operating cost
categories, the statewide index must incorporate the Data
Resources, Inc. forecast for increases in the national CPI-U.
This portion of the index must be weighted annually by the
proportion of total allowable other operating costs to the total
allowable operating costs in the program, maintenance, and
administrative operating cost categories for all facilities.
The commissioner shall use the indices as forecasted by Data
Resources, Inc., in the fourth quarter of the reporting year.
For rate years beginning on or after October 1, 1990, the
commissioner shall index a facility's allowable operating costs
in the program, maintenance, and administrative operating cost
categories by using Data Resources, Inc., forecast for change in
the Consumer Price Index-All Items (U.S. city average) (CPI-U).
The commissioner shall use the indices as forecasted by Data
Resources, Inc., in the first quarter of the calendar year in
which the rate year begins. For fiscal years beginning after
June 30, 1993, the commissioner shall not provide automatic
inflation adjustments for intermediate care facilities for
persons with mental retardation. The commissioner of finance
shall include annual inflation adjustments in operating costs
for intermediate care facilities for persons with mental
retardation and related conditions as a budget change request in
each biennial detailed expenditure budget submitted to the
legislature under section 16A.11.
Sec. 123. Minnesota Statutes 1991 Supplement, section
256B.74, subdivision 1, is amended to read:
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.
Sec. 124. Minnesota Statutes 1991 Supplement, section
256B.74, subdivision 3, is amended to read:
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, and shall be indexed for
inflation annually beginning July 1, 1993, using Data Resources,
Inc., forecast for change in the nursing home market basket.
Sec. 125. Minnesota Statutes 1990, section 256D.02, is
amended by adding a subdivision to read:
Subd. 18. [GROUP HEALTH PLAN.] "Group health plan" means
any plan of, or contributed to by, an employer, including a
self-insured plan, which provides health care directly or
otherwise to the employer's employees, former employees, or the
families of the employees or former employees, and includes
continuation coverage pursuant to title XXII of the Public
Health Service Act, section 4980B of the Internal Revenue Code
of 1986, or title VI of the Employee Retirement Income Security
Act of 1974.
Sec. 126. Minnesota Statutes 1990, section 256D.02, is
amended by adding a subdivision to read:
Subd. 19. [COST-EFFECTIVE.] "Cost-effective" means that
the amount paid by the state for premiums, coinsurance,
deductibles, other cost-sharing obligations under a health
insurance plan, and other administrative costs is likely to be
less than the amount paid for an equivalent set of services by
general assistance medical care.
Sec. 127. Minnesota Statutes 1991 Supplement, 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; 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, with the following exception: the maximum amount of
undistributed funds in a trust that could be distributed to or
on behalf of the beneficiary by the trustee, assuming the full
exercise of the trustee's discretion under the terms of the
trust, must be applied toward the asset maximum; 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 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 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, 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. 128. Minnesota Statutes 1990, section 256D.03, is
amended by adding a subdivision to read:
Subd. 3b. [COOPERATION.] General assistance medical care
applicants and recipients must cooperate by providing
information about any group health plan in which they may be
eligible to enroll. They must cooperate with the state and
local agency in determining if the plan is cost-effective. If
the plan is determined cost-effective and the premium will be
paid by the state or local agency or is available at no cost to
the person, they must enroll or remain enrolled in the group
health plan. Cost-effective insurance premiums approved for
payment by the state agency and paid by the local agency are
eligible for reimbursement according to subdivision 6.
Sec. 129. [501B.89] [EXCULPATORY CLAUSES LINKED TO PUBLIC
ASSISTANCE ELIGIBILITY UNENFORCEABLE.]
A provision in a trust created after July 1, 1992,
purporting to make assets or income unavailable to a beneficiary
if the beneficiary applies for or is determined eligible for
public assistance or a public health care program is
unenforceable.
Sec. 130. [HOSPITAL OUTPATIENT REIMBURSEMENT.]
For outpatient hospital facility fee payments for services
rendered on or after October 1, 1992, the commissioner of human
services shall pay the lower of (1) submitted charge, or (2) 32
percent above the rate in effect on June 30, 1992, except for
those services for which there is a federal maximum allowable
payment. Services for which there is a federal maximum
allowable payment shall be paid at the lower of (1) submitted
charge, or (2) the federal maximum allowable payment. Total
aggregate payment for outpatient hospital facility fee services
shall not exceed the Medicare upper limit. If it is determined
that a provision of this section conflicts with existing or
future requirements of the United States government with respect
to federal financial participation in medical assistance, the
federal requirements prevail. The commissioner may, in the
aggregate, prospectively reduce payment rates to avoid reduced
federal financial participation resulting from rates that are in
excess of the Medicare upper limitations.
Sec. 131. [PHYSICIAN AND DENTAL REIMBURSEMENT.]
(a) The physician reimbursement increase provided in
Minnesota Statutes, section 256B.74, subdivision 2, shall not be
implemented. Effective for services rendered on or after
October 1, 1992, the commissioner shall make payments for
physician services as follows:
(1) payment for level one Health Care Finance
Administration's common procedural coding system (HCPCS) codes
titled "office and other outpatient services," "preventive
medicine new and established patient," "delivery, antepartum,
and postpartum care," "critical care," caesarean delivery and
pharmacologic management provided to psychiatric patients, and
HCPCS level three codes for enhanced services for prenatal high
risk, shall be paid at the lower of (i) submitted charges, or
(ii) 25 percent above the rate in effect on June 30, 1992. If
the rate on any procedure code within these categories is
different than the rate that would have been paid under the
methodology in Minnesota Statutes, section 256B.74, subdivision
2, then the larger rate shall be paid;
(2) payments for all other services shall be paid at the
lower of (i) submitted charges, or (ii) 15.4 percent above the
rate in effect on June 30, 1992; and
(3) all physician rates shall be converted from the 50th
percentile of 1982 to the 50th percentile of 1989, less the
percent in aggregate necessary to equal the above increases.
(b) The dental reimbursement increase provided in Minnesota
Statutes, section 256B.74, subdivision 5, shall not be
implemented. Effective for services rendered on or after
October 1, 1992, the commissioner shall make payments for dental
services as follows:
(1) dental services shall be paid at the lower of (i)
submitted charges, or (ii) 25 percent above the rate in effect
on June 30, 1992; and
(2) dental rates shall be converted from the 50th
percentile of 1982 to the 50th percentile of 1989, less the
percent in aggregate necessary to equal the above increases.
Sec. 132. [HEALTH MAINTENANCE ORGANIZATION REIMBURSEMENT.]
Effective October 1, 1992, the commissioner shall adjust
rates paid to a health maintenance organization under contract
with the commissioner to reflect rate increases provided in
Minnesota Statutes, section 256.969, subdivisions 1, 9, and 20,
and sections 130 and 131. The adjustment to reflect increases
under section 256.969, subdivision 9, must be made on a
nondiscounted basis.
Sec. 133. [COMMISSIONER'S DUTIES.]
The commissioner of human services shall report to the
legislature quarterly on the first day of January, April, July,
and October regarding the provider surcharge program. The
report shall include information on total billings, total
collections, and administrative expenditures. The report on
January 1, 1993, shall include information on all surcharge
billings, collections, federal matching payments received,
efforts to collect unpaid amounts, and administrative costs
pertaining to the surcharge program in effect from July 1, 1991,
to September 30, 1992. The surcharge shall be adjusted by
inflationary and caseload changes in future bienniums to
maintain reimbursement of health care providers in accordance
with the requirements of the state and federal laws governing
the medical assistance program, including the requirements of
the Medicaid moratorium amendments of 1991 found in Public Law
No. 102-234. The commissioner shall request the Minnesota
congressional delegation to support a change in federal law that
would prohibit federal disallowances for any state that makes a
good faith effort to comply with Public Law Number 102-234 by
enacting conforming legislation prior to the issuance of federal
implementing regulations.
Sec. 134. [NURSING FACILITY PLANT STUDY.]
The commissioner of health shall study the physical
condition of all Minnesota nursing facilities. This study shall
include an individual assessment of each facility to be
performed after September 30, 1993, by one of the architectural
firms authorized by the commissioner of health to conduct
assessments. To qualify for authorization, an architectural
firm must have actual experience and prior involvement with
nursing home construction or remodeling projects. The
commissioner shall select one or more architectural firms to
conduct the individual facility assessment. The cost of the
assessment shall be paid by the nursing facility and shall be
considered an allowable cost under Minnesota Rules, parts
9549.0040, subpart 9, and 9549.0061, for rate years beginning
after June 30, 1995. Prior to beginning the individual
assessments, the commissioner shall convene a special task force
to develop recommendations for the commissioner concerning the
standards and criteria by which the individual assessments must
be conducted. The recommendation shall be provided to the
commissioner by the task force by July 1, 1993. The criteria
and standards for the study shall be established by the
commissioner by September 30, 1993.
Sec. 135. [REPEALER; ASSET LIMITATIONS FOR VETERANS.]
Minnesota Statutes 1990, section 256B.056, subdivision 3a,
is repealed.
Minnesota Statutes 1991 Supplement, sections 144A.071,
subdivision 3a; 256.9657, subdivision 5; 256.969, subdivision 7;
and 256B.74, subdivisions 8 and 9; and Laws 1991, chapter 292,
article 4, section 77, excluding subdivision 9, are repealed
effective October 1, 1992. Laws 1991, chapter 292, article 4,
section 77, subdivision 9, is repealed the day following final
enactment.
Sec. 136. [REVISOR'S INSTRUCTIONS.]
The revisor of statutes shall change the headnote in
Minnesota Statutes, section 256B.495, from "LONG-TERM CARE
RECEIVERSHIP FEES" to "NURSING FACILITY RECEIVERSHIP FEES." The
revisor shall change the term "nursing home" and similar terms
to "nursing facility" and similar terms in Minnesota Statutes,
sections 256B.41, 256B.411, 256B.421, 256B.431, 256B.432,
256B.433, 256B.47, 256B.48, and 256B.50.
Sec. 137. [EFFECTIVE DATES.]
Section 39 is effective January 1, 1993.
Section 60 is effective the day following final enactment.
Sections 9, 15, 16, 18 to 21, 25, 27, 46, 82, 123, and 124
are effective October 1, 1992.
Section 42 is effective July 1, 1992, and applies to
transfers or payments made on or after that date.
Section 130 is not effective in the event that the health
right program is not enacted into law prior to October 1, 1992.
In the event the health right program is not enacted into law
prior to October 1, 1992, the percentage increase in
reimbursement rates scheduled to be effective October 1, 1992,
and provided for in section 131 shall not be effective, and the
commissioner shall implement, effective October 1, 1992, the
rate increases provided in Minnesota Statutes, section 256B.74,
subdivision 2 and 5.
Section 28 is effective for admissions occurring on or
after October 1, 1992.
The provisions of section 44 relating to prior
authorization of drugs are effective for all drugs added to the
list of drugs requiring prior authorization on or after July 1,
1992.
ARTICLE 8
ASSISTANCE PAYMENTS
Section 1. [149.10] [CREMATION; UNCLAIMED REMAINS.]
Any funeral director, or other person or establishment
licensed under this chapter, may arrange for proper disposal
after one year of cremains unclaimed by family or next of kin.
Sec. 2. Minnesota Statutes 1991 Supplement, section
256.031, subdivision 3, is amended to read:
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 director of the higher education
coordinating board, 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 256.0361 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 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 comparison 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 tested for eligibility for aid to families with
dependent children or family general assistance and may be
assigned by the commissioner to an experimental a test or
a control comparison group for the purposes of evaluating the
family investment plan. A family found not eligible for aid to
families with dependent children or family general assistance
will be tested for eligibility for the food stamp program. If
found eligible for the food stamp program, the commissioner may
randomly assign the family to a test group, comparison group, or
neither group. Families assigned to an experimental a test
group receive benefits and services through the family
investment plan. Families assigned to a control comparison
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 an eligible 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 test 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.
Sec. 3. Minnesota Statutes 1991 Supplement, section
256.033, subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY CONDITIONS.] (a) A family is
entitled to assistance under the Minnesota family investment
plan if the family is assigned to a test group in the evaluation
as provided in section 256.031, subdivision 3, paragraph (d),
and:
(1) the family meets the definition of assistance unit
under section 256.032, subdivision 1a;
(2) the family's 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.
Sec. 4. Minnesota Statutes 1991 Supplement, section
256.033, subdivision 2, is amended to read:
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) 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;
(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);
(3) educational grants and loans as provided in section
256.74, subdivision 1, clause (2), are excluded;
(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 any stepparent or any
parent of a minor caregiver and any other individuals whom the
stepparent or parent of the minor caregiver 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 or parent of the minor
caregiver 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 or parent of the minor caregiver for individuals not
living in the same household.
Sec. 5. Minnesota Statutes 1991 Supplement, section
256.033, subdivision 3, is amended to read:
Subd. 3. [DETERMINATION OF FAMILY RESOURCES.] When
determining a family's resources, the following are excluded:
(1) the family's home, together with 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) 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.
Sec. 6. Minnesota Statutes 1991 Supplement, section
256.033, subdivision 5, is amended to read:
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 or has not been
assigned to a test group in the evaluation as provided in
section 256.031, subdivision 3, paragraph (d), may apply for,
and if eligible receive, benefits under the food stamp program.
Sec. 7. Minnesota Statutes 1991 Supplement, section
256.034, subdivision 3, is amended to read:
Subd. 3. [MODIFICATION OF ELIGIBILITY TESTS.] (a) A needy
family is eligible and entitled to receive assistance under the
program if the family is assigned to a test group in the
evaluation as provided in section 256.031, subdivision 3,
paragraph (d), 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 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 if the family is
assigned to a test group in the evaluation as provided in
section 256.031, subdivision 3, paragraph (d), 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 family support agreement with the
county agency or its designee.
Sec. 8. Minnesota Statutes 1991 Supplement, section
256.035, subdivision 1, is amended to read:
Subdivision 1. [EXPECTATIONS.] All families eligible for
assistance under the family investment plan who are assigned to
a test group in the evaluation as provided in section 256.031,
subdivision 3, paragraph (d), 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 parental
caregiver, the expectation is that the 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 complying with the terms of the family
support agreement.
(b) For a family with a minor 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 parental caregiver must be developing or complying with a
family support agreement. The terms of the 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 parental caregivers, the
expectation is that at least one 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 complying with the terms of the family support agreement.
Sec. 9. Minnesota Statutes 1991 Supplement, section
256.0361, subdivision 2, is amended to read:
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 comparison 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. 10. [256.046] [ADMINISTRATIVE FRAUD DISQUALIFICATION
HEARINGS.]
Subdivision 1. [HEARING AUTHORITY.] A local agency may
initiate an administrative fraud disqualification hearing for
individuals accused of wrongfully obtaining assistance or
intentional program violations in the aid to families with
dependent children or food stamp programs. The hearing is
subject to the requirements of section 256.045 and the
requirements in Code of Federal Regulations, title 7, section
273.16, for the food stamp program and title 45, section
235.112, for the aid to families with dependent children program.
Subd. 2. [COMBINED HEARING.] The referee may combine a
fair hearing and administrative fraud disqualification hearing
into a single hearing if the factual issues arise out of the
same, or related, circumstances and the individual receives
prior notice that the hearings will be combined. If the
administrative fraud disqualification hearing and fair hearing
are combined, the time frames for administrative fraud
disqualification hearings set forth in Code of Federal
Regulations, title 7, section 273.16, and title 45, section
235.112, apply. If the individual accused of wrongfully
obtaining assistance is charged under section 256.98 for the
same act or acts which are the subject of the hearing, the
individual may request that the hearing be delayed until the
criminal charge is decided by the court or withdrawn.
Sec. 11. Minnesota Statutes 1990, section 256.12, is
amended by adding a subdivision to read:
Subd. 23. [IN-KIND INCOME.] "In-kind income," as used in
sections 256.72 to 256.87, means income, benefits, or payments
provided in a form other than money or liquid assets. In-kind
income includes goods, produce, services, privileges, or
payments on behalf of a person by a third party. Retirement
Survivors and Disability Insurance (RSDI) benefits of an
applicant or recipient, paid to a representative payee, and
spent on behalf of the applicant or recipient, are not in-kind
income, but are considered available income of the applicant or
recipient.
Sec. 12. Minnesota Statutes 1990, section 256.81, is
amended to read:
256.81 [COUNTY AGENCY, DUTIES.]
(1) The county agency shall keep such records, accounts,
and statistics in relation to aid to families with dependent
children as the state agency shall prescribe.
(2) Each grant of aid to families with dependent children
shall be paid to the recipient by the county agency unless paid
by the state agency. Payment must be by check or electronic
means except in those instances in which the county agency,
subject to the rules of the state agency, determines that
payments for care shall be made to an individual other than the
parent or relative with whom the dependent child is living or to
vendors of goods and services for the benefit of the child
because such parent or relative is unable to properly manage the
funds in the best interests and welfare of the child. At the
request of a recipient, the state or county may make payments
directly to vendors of goods and services, but only for goods
and services appropriate to maintain the health and safety of
the child, as determined by the county.
(3) The state or county may ask the recipient to give
written consent authorizing the state or county to provide
advance notice to a vendor before vendor payments of rent are
reduced or terminated. Whenever possible under state and
federal laws and regulations and if the recipient consents, the
state or county shall provide at least 30 days notice to vendors
before vendor payments of rent are reduced or terminated. If 30
days notice cannot be given, the state or county shall notify
the vendor within three working days after the date the state or
county becomes aware that vendor payments of rent will be
reduced or terminated. When the county notifies a vendor that
vendor payments of rent will be reduced or terminated, the
county shall include in the notice that it is illegal to
discriminate on the grounds that a person is receiving public
assistance and the penalties for violation. The county shall
also notify the recipient that it is illegal to discriminate on
the grounds that a person is receiving public assistance and the
procedures for filing a complaint. The county agency may
develop procedures, including using the MAXIS system, to
implement vendor notice and may charge vendors a fee not
exceeding $5 to cover notification costs.
(4) A vendor payment arrangement is not a guarantee that a
vendor will be paid by the state or county for rent, goods, or
services furnished to a recipient, and the state and county are
not liable for any damages claimed by a vendor due to failure of
the state or county to pay or to notify the vendor on behalf of
a recipient, except under a specific written agreement between
the state or county and the vendor or when the state or county
has provided a voucher guaranteeing payment under certain
conditions.
(3) (5) The county shall be paid from state and federal
funds available therefor the amount provided for in section
256.82.
(4) (6) Federal funds available for administrative purposes
shall be distributed between the state and the counties in the
same proportion that expenditures were made except as provided
for in section 256.017.
Sec. 13. Minnesota Statutes 1991 Supplement, 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 the amount paid for comparable services under section
261.035 plus 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 was legally
responsible for the support of the deceased while living, are is
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.
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 under this
subdivision is subject to the provisions of section 256.017.
Sec. 14. Minnesota Statutes 1991 Supplement, section
256.98, subdivision 8, is amended to read:
Subd. 8. [DISQUALIFICATION FROM PROGRAM.] Any person found
to be guilty of wrongfully obtaining assistance by a federal or
state court or by an administrative hearing determination, 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 offense;
(2) for 12 months after the second conviction offense; and
(3) permanently after the third or subsequent conviction
offense.
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. 15. [256.985] [ASSISTANCE TRANSACTION CARD FRAUD.]
Subdivision 1. [DEFINITIONS.] For purposes of this
section, the following terms have the meaning given them.
(a) "Assistance transaction card" means any instrument or
device issued for the use of the cardholder in obtaining
financial or medical assistance or in accessing any automated
teller or electronic benefits machine to secure cash assistance.
(b) "Issuer" means the department of human services or any
county welfare agency or human services board that issues an
assistance transaction card.
(c) "Cardholder" means a person in whose name an assistance
transaction card is issued.
Subd. 2. [VIOLATION.] A person who does any of the
following commits assistance transaction card fraud:
(1) uses or attempts to use a card to obtain assistance
without the consent of the cardholder knowing the cardholder has
not given consent;
(2) uses or attempts to use a card knowing it to be forged,
false, fictitious, or obtained in violation of clause (5);
(3) sells or transfers a card knowing that the issuer has
not authorized the person to whom the card is sold or
transferred to use the card, or knowing the card is forged,
false, fictitious, or was obtained in violation of clause (5);
(4) receives or possesses, with intent to use, sell, or
transfer in violation of clause (3), two or more cards issued in
the name of another, or two or more cards knowing the cards to
be forged, false, fictitious, or obtained in violation of clause
(5);
(5) upon applying for an assistance transaction card from
the issuer, knowingly gives a false name; and
(6) with intent to defraud, falsely notifies the issuer or
any other person of a theft, loss, disappearance, or nonreceipt
of an assistance transaction card.
Subd. 3. [SENTENCE.] A person who commits assistance
transaction card fraud is guilty of theft and shall be sentenced
under section 609.52, subdivision 3.
Sec. 16. Minnesota Statutes 1990, section 256D.02,
subdivision 8, is amended to read:
Subd. 8. "Income" means any form of income, including
remuneration for services performed as an employee and net
earnings from self-employment, reduced by the amount
attributable to employment expenses as defined by the
commissioner. The amount attributable to employment expenses
shall include amounts paid or withheld for federal and state
personal income taxes and federal social security taxes.
"Income" includes any payments received as an annuity,
retirement, or disability benefit, including veteran's or
workers' compensation; old age, survivors, and disability
insurance; railroad retirement benefits; unemployment benefits;
and benefits under any federally aided categorical assistance
program, supplementary security income, or other assistance
program; rents, dividends, interest and royalties; and support
and maintenance payments. Such payments may not be considered
as available to meet the needs of any person other than the
person for whose benefit they are received, unless that person
is a family member or a spouse and the income is not excluded
under section 256D.01, subdivision 1a. Goods and services
provided in lieu of cash payment shall be excluded from the
definition of income, except that payments made for room, board,
tuition or fees by a parent, on behalf of a child enrolled as a
full-time student in a post-secondary institution, and payments
made on behalf of an applicant or recipient which the applicant
or recipient could legally require to be paid in cash to himself
or herself, must be included as income. Benefits of an
applicant or recipient, such as those administered by the Social
Security Administration, that are paid to a representative
payee, and are spent on behalf of the applicant or recipient,
are considered available income of the applicant or recipient.
Sec. 17. Minnesota Statutes 1991 Supplement, section
256D.03, subdivision 4, is amended to read:
Subd. 4. [GENERAL ASSISTANCE MEDICAL CARE; SERVICES.] (a)
For a person who is eligible under subdivision 3, paragraph (a),
clause (3), general assistance medical care covers:
(1) inpatient hospital services;
(2) outpatient hospital 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;
(14) dental services;
(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;
(16) day treatment services for mental illness provided
under contract with the county board;
(17) prescribed medications for persons who have been
diagnosed as mentally ill as necessary to prevent more
restrictive institutionalization;
(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;
(19) psychological services, medical supplies and
equipment, and Medicare premiums, coinsurance and deductible
payments; and
(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.
(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 consult with
an independent actuary in establishing prepayment rates, but
shall retain final control over the rate methodology.
(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.
(e) Any county may, from its own resources, provide medical
payments for which state payments are not made.
(f) Chemical dependency services that are reimbursed under
chapter 254B must not be reimbursed under general assistance
medical care.
(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.
(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. 18. Minnesota Statutes 1991 Supplement, 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, 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, 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 work readiness service
provider 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 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; or
(16) a person over age 18 whose primary language is not
English and who is attending high school at least half time.
(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. 19. Minnesota Statutes 1991 Supplement, section
256D.051, subdivision 1, is amended to read:
Subdivision 1. [WORK REGISTRATION.] (a) 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 six 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. After July 1, 1992, if
orientation is available within three weeks after the date
eligibility is determined, initial payment will not be made
until the registrant attends orientation to the work readiness
program. Prior to terminating work readiness assistance the
county agency must provide advice on the person's 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. 20. Minnesota Statutes 1990, section 256D.051, is
amended by adding a subdivision to read:
Subd. 17. [START WORK GRANTS.] Within the limit of
available appropriations, the county agency may make grants
necessary to enable work readiness recipients to accept bona
fide offers of employment. The grants may be made for costs
directly related to starting employment, including
transportation costs, clothing, tools and equipment, license or
other fees, and relocation. Start work grants are available
once in any 12-month period to a recipient. The commissioner
shall allocate money appropriated for start work grants to
counties based on each county's work readiness caseload in the
12 months ending in March for each following state fiscal year
and may reallocate any unspent amounts.
Sec. 21. Minnesota Statutes 1990, section 256D.06,
subdivision 5, is amended to read:
Subd. 5. Any applicant, otherwise eligible for general
assistance and possibly eligible for maintenance benefits from
any other source shall (a) make application for those benefits
within 30 days of the general assistance application; and (b)
execute an interim assistance authorization agreement on a form
as directed by the commissioner. If found eligible for benefits
from other sources, and a payment received from another source
relates to the period during which general assistance was also
being received, the recipient shall be required to reimburse the
county agency for the interim assistance paid. Reimbursement
shall not exceed the amount of general assistance paid during
the time period to which the other maintenance benefits apply
and shall not exceed the state standard applicable to that time
period. The commissioner shall adopt rules, and may adopt
emergency rules, authorizing county agencies or other client
representatives to retain from the amount recovered under an
interim assistance agreement 25 percent plus actual reasonable
fees, costs, and disbursements of appeals and litigation, of
providing special assistance to the recipient in processing the
recipient's claim for maintenance benefits from another source.
The money retained under this section shall be from the state
share of the recovery. The commissioner or the county agency
may contract with qualified persons to provide the special
assistance. The rules adopted by the commissioner shall include
the methods by which county agencies shall identify, refer, and
assist recipients who may be eligible for benefits under federal
programs for the disabled. This subdivision does not require
repayment of per diem payments made to shelters for battered
women pursuant to section 256D.05, subdivision 3.
Sec. 22. Minnesota Statutes 1990, section 256D.06, is
amended by adding a subdivision to read:
Subd. 7. [SSI CONVERSIONS AND BACK CLAIMS.] (a) [SSI
CONVERSIONS.] The commissioner of human services shall contract
with agencies or organizations capable of ensuring that clients
who are presently receiving assistance under sections 256D.01 to
256D.21, and who may be eligible for benefits under the federal
Supplemental Security Income program, apply and, when eligible,
are converted to the federal income assistance program and made
eligible for health care benefits under the medical assistance
program. The commissioner shall ensure that money owing to the
state under interim assistance agreements is collected.
(b) [BACK CLAIMS FOR FEDERAL HEALTH CARE BENEFITS.] The
commissioner shall also directly or through contract implement
procedures for collecting federal Medicare and medical
assistance funds for which clients converted to SSI are
retroactively eligible.
(c) [ADDITIONAL REQUIREMENTS.] The commissioner shall begin
contracting with agencies to ensure implementation of this
section within 14 days after enactment of this section. County
contracts with providers for residential services shall include
the requirement that providers screen residents who may be
eligible for federal benefits and provide that information to
the local agency. The commissioner shall modify the MAXIS
computer system to provide information on clients who have been
on general assistance for two years or longer. The list of
clients shall be provided to local services for screening under
this section.
(d) [REPORT.] The commissioner shall report to the
legislature by January 15, 1993, on the implementation of this
section. The report shall contain information on the following:
(1) the number of clients converted from general assistance
to SSI, by county;
(2) information on the organizations involved;
(3) the amount of money collected through interim
assistance agreements;
(4) the amount of money collected in federal Medicare or
Medicaid funds;
(5) problems encountered in processing conversions and back
claims; and
(6) recommended changes to enhance recoveries and maximize
the receipt of federal money in the most efficient way possible.
Sec. 23. [256D.091] [GRANT DIVERSION.]
Subdivision 1. [DEFINITIONS.] (a) "Diverted grant" means
the amount of the general assistance grant or work readiness
assistance payment, not exceeding the standard of assistance for
one person, that is available for a wage subsidy.
(b) "Net monthly wage" means the income remaining to a
registrant after taking the disregards and exclusions from
income under section 256D.06.
(c) "Registrant" means a recipient of general assistance or
work assistance who is participating in a grant diversion
employment and employment-related program.
Subd. 2. [GRANT DIVERSION PROGRAM.] (a) The county agency
may establish a grant diversion program for payment of all or a
part of a recipient's general assistance or work readiness grant
to a private or nonprofit employer who agrees to employ the
recipient in a permanent job or to a public employer who agrees
to employ the recipient in a permanent job or an approved
community investment program. The county agency may administer
and deliver grant diversions directly or may contract for
delivery of the program according to section 268.871.
(b) The county agency shall assess a registrant's continued
eligibility for general assistance or work readiness assistance
before the end of the registrant's grant diversion period.
(c) The county agency shall submit fiscal and summary
reports required by the commissioner.
Subd. 3. [REGISTRANT PARTICIPATION.] (a) A recipient may
refuse employment or employment-related training under the grant
diversion program unless the recipient lacks a work history or
local work reference and the recipient's employability plan
requires participation in a community investment program.
(b) A recipient may participate in a grant diversion
program for up to four months.
(c) During participation in the grant diversion program, a
registrant must submit to the county agency the monthly food
stamp eligibility household report form.
Subd. 4. [CONTRACT WITH GRANT DIVERSION EMPLOYER.] The
county agency or the local service unit shall enter into a
written contract with a grant diversion employer. The contract
must include:
(1) the period of time the diverted grant is available;
(2) the amount of the monthly diverted grant;
(3) the method of payment of the diverted grant;
(4) data gathering and reporting requirements;
(5) agreement by the employer not to terminate or reduce
the working hours of current employees in order to participate
in the grant diversion program;
(6) agreement by the employer to provide the registrant the
same or a comparable level of wages, fringe benefits, and
workers' compensation coverage that are provided other
employees; and
(7) agreement by the employer to hire the registrant at the
end of the grant diversion period.
Subd. 5. [NOTICE TO REGISTRANT.] The county agency or
local service unit shall provide the registrant written notice
of the terms of the registrant's grant diversion program,
including:
(1) the requirement to complete the period of subsidized
employment or employment-related training specified in the
contract;
(2) the date of the first day of employment or
employment-related training;
(3) the name, address, and occupational title of the
employer;
(4) the hourly wage and the number of work hours per week;
(5) the effect of participation on work readiness
eligibility;
(6) the maximum period of participation and the months the
registrant's grant will be diverted;
(7) the amount of the diverted grant and the amount of any
residual assistance grant; and
(8) the actions to be taken if the registrant fails to
complete the grant diversion participation period.
The county agency shall maintain a copy of the notice in
the registrant's case file.
Subd. 6. [GRANT DIVERSION MONTHLY PAYMENT.] (a) The county
agency shall calculate and pay the diverted grant directly to
the registrant's employer or shall reimburse an employment and
training service provider that has paid the employer. The
amount of monthly payment available to an employer under the
grant diversion program must not exceed the monthly standard of
assistance for one person.
(b) If a registrant is receiving assistance as a member of
an assistance unit, the monthly payment to the assistance unit
may be reduced only by the amount of the assistance standard for
one person.
(c) Notwithstanding any change in resources, household, or
income of the registrant or the registrant's assistance unit,
eligibility for work readiness and the amount of monthly payment
is not subject to change during the grant diversion period if
the registrant is participating in the grant diversion program
as required in the notice provided under subdivision 5.
Subd. 7. [MEDICAL CARE.] A registrant is eligible for
general assistance medical care during the term of the grant
diversion contract.
Subd. 8. [CHILD CARE.] A recipient who is the sole adult
in an assistance unit with one or more children under 12 years
of age must not be referred to the grant diversion program
during hours the child is in the home unless the county agency
pays any child care expenses that exceed the child care
deduction from earned income.
Subd. 9. [DISQUALIFICATION.] A registrant who fails
without good cause to complete the grant diversion period
specified in the contract must be disqualified from receiving
assistance as provided in section 256D.101.
Sec. 24. Minnesota Statutes 1990, section 256D.35,
subdivision 11, is amended to read:
Subd. 11. [IN-KIND INCOME.] "In-kind income" means income,
benefits, or payments that are provided in a form other than
money or liquid asset. In-kind income includes goods, produce,
services, privileges, or payments on behalf of a person by a
third party; except benefits of the recipient, such as those
administered by the Social Security Administration, that are
paid to a representative payee, and are spent on behalf of the
applicant or recipient, are not in-kind income, but are
considered available income of the applicant or recipient.
Sec. 25. Minnesota Statutes 1990, section 256D.54,
subdivision 3, is amended to read:
Subd. 3. [INTERIM ASSISTANCE ADVOCACY INCENTIVE PROGRAM.]
From the amount recovered under an interim assistance agreement,
county agencies may retain 25 percent plus actual reasonable
fees, costs, and disbursements of appeals, litigation, and
advocacy assistance given to the recipient for the recipient's
claim for supplemental security income. The money kept under
this section is from the state share of the recovery.
The commissioner or the county agency may contract with
qualified persons to provide the special assistance. The
methods by which a county agency identifies, refers, and assists
recipients who may be eligible for benefits under federal
programs for the aged, blind, or disabled are those methods used
by the general assistance interim assistance advocacy incentive
program.
Sec. 26. Minnesota Statutes 1990, section 256H.01, is
amended by adding a subdivision to read:
Subd. 1a. [APPLICANT.] "Child care fund applicants" means
all parents, stepparents, legal guardians, or eligible relative
caretakers who reside in the household that applies for child
care assistance under the child care fund.
Sec. 27. Minnesota Statutes 1990, section 256H.01,
subdivision 9, is amended to read:
Subd. 9. [FAMILY.] "Family" means parents, stepparents,
guardians, or other caretaker relatives eligible relative
caretakers, and their blood related dependent children and
adoptive siblings under the age of 18 years living in the same
home including children temporarily absent from the household in
settings such as schools, foster care, and residential treatment
facilities. When a minor parent or parents and his, her, or
their child or children are living with other relatives, and the
minor parent or parents apply for a child care subsidy, "family"
means only the minor parent or parents and the child or
children. An adult may be considered a dependent member of the
family unit if 50 percent of the adult's support is being
provided by the parents, stepparents, guardians, or other
caregiver relatives eligible relative caretakers residing in the
same household. An adult age 18 who is a full-time high school
student and can reasonably be expected to graduate before age 19
may be considered a dependent member of the family unit.
Sec. 28. Minnesota Statutes 1991 Supplement, section
256H.03, subdivision 4, is amended to read:
Subd. 4. [ALLOCATION FORMULA.] Beginning July 1, 1992, the
basic sliding fee state and federal 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.
Sec. 29. Minnesota Statutes 1991 Supplement, section
256H.03, subdivision 6, is amended to read:
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 and federal earnings for the 12-month period
ending on December 31 of the preceding state fiscal year. For
purposes of this clause, "state and federal earnings" means the
reported nonfederal share of direct child care expenditures
adjusted for the administrative allowance and 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. 30. Minnesota Statutes 1991 Supplement, section
256H.05, subdivision 1b, is amended to read:
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;
(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;
and
(5) AFDC caretakers who are participating in the non-STRIDE
AFDC child care program.
Sec. 31. Minnesota Statutes 1991 Supplement, section
256H.05, is amended by adding a subdivision to read:
Subd. 6. [NON-STRIDE AFDC CHILD CARE PROGRAM.] Starting
one month after the effective date of this subdivision, the
department of human services shall reimburse eligible
expenditures for 2,000 family slots for AFDC caretakers not
eligible for services under section 256.736, who are engaged in
an authorized educational or job search program. Each county
will receive a number of family slots based on the county's
proportion of the AFDC caseload. A county must receive at least
two family slots. Eligibility and reimbursement are limited to
the number of family slots allocated to each county. County
agencies shall authorize an educational plan for each student
and may prioritize families eligible for this program in their
child care fund plan upon approval of the commissioner of human
services.
Sec. 32. Minnesota Statutes 1990, section 256H.10,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY FACTORS.] Child care services
must be available to families who need child care to find or
keep employment or to obtain the training or education necessary
to find employment and who:
(a) receive aid to families with dependent children and are
receiving employment and training services under section
256.736;
(b) have household income below the eligibility levels for
aid to families with dependent children; or
(c) have household income within a range established by the
commissioner.
(d) Child care services for the families receiving aid to
families with dependent children must be made available as
in-kind services, to cover any difference between the actual
cost and the amount disregarded under the aid to families with
dependent children program. Child care services to families
whose incomes are below the threshold of eligibility for aid to
families with dependent children, but that are not receiving aid
to families with dependent children are not AFDC caretakers,
must be made available without cost to the families with the
minimum copayment required by federal law.
Sec. 33. Minnesota Statutes 1990, section 256I.01, is
amended to read:
256I.01 [CITATION.]
Sections 256I.01 to 256I.06 shall be cited as the
"negotiated group residential housing rate act."
Sec. 34. Minnesota Statutes 1990, section 256I.02, is
amended to read:
256I.02 [PURPOSE.]
The negotiated group residential housing rate act
establishes a comprehensive system of rates and payments for
persons who reside in a negotiated rate group residence and who
meet the eligibility criteria of the general assistance program
under sections 256D.01 to 256D.21, or the Minnesota supplemental
aid program under sections 256D.33 to 256D.54.
Sec. 35. Minnesota Statutes 1990, section 256I.03,
subdivision 2, is amended to read:
Subd. 2. [NEGOTIATED GROUP RESIDENTIAL HOUSING RATE.]
"Negotiated Group residential housing rate" means a monthly rate
set for shelter, fuel, food, utilities, household supplies, and
other costs necessary to provide room and board for individuals
eligible for general assistance under sections 256D.01 to
256D.21 or supplemental aid under sections 256D.33 to
256D.54. Negotiated Group residential housing rate does not
include payments for foster care for children who are not blind,
child welfare services, medical care, dental care,
hospitalization, nursing care, drugs or medical supplies,
program costs, or other social services. However,
the negotiated group residential housing rate for recipients
living in residences in section 256I.05, subdivision 2,
paragraph (c), clause (2), includes all items covered by that
residence's medical assistance per diem rate. The rate is
negotiated by the county agency or the state according to the
provisions of sections 256I.01 to 256I.06.
Sec. 36. Minnesota Statutes 1990, section 256I.03,
subdivision 3, is amended to read:
Subd. 3. [NEGOTIATED RATE RESIDENCE GROUP RESIDENTIAL
HOUSING.] "Negotiated rate residence Group residential housing"
means a group living situation that provides at a minimum room
and board to unrelated persons who meet the eligibility
requirements of section 256I.04. This definition includes
foster care settings for a single adult. To receive payment for
a negotiated group residence rate, the residence must be
licensed by either the department of health or human services
and must comply with applicable laws and rules establishing
standards for health, safety, and licensure. Secure crisis
shelters for battered women and their children designated by the
department of corrections are not negotiated rate group
residences under this chapter.
Sec. 37. Minnesota Statutes 1990, section 256I.04, as
amended by Laws 1991, chapter 292, article 2, section 68, is
amended to read:
256I.04 [ELIGIBILITY FOR NEGOTIATED RATE GROUP RESIDENTIAL
HOUSING PAYMENT.]
Subdivision 1. [ELIGIBILITY REQUIREMENTS.] To be eligible
for a negotiated rate group residential housing payment, the
individual must be eligible for general assistance under
sections 256D.01 to 256D.21, or supplemental aid under sections
256D.33 to 256D.54. If the individual is in the negotiated rate
group residence due to illness or incapacity, the individual
must be in the residence under a plan developed or approved by
the county agency. Residence in other negotiated rate group
residences must be approved by the county agency.
Subd. 2. [DATE OF ELIGIBILITY.] For a person living in
a negotiated rate group residence who is eligible for general
assistance under sections 256D.01 to 256D.21, payment shall be
made from the date a signed application form is received by the
county agency or the date the applicant meets all eligibility
factors, whichever is later. For a person living in a
negotiated rate group residence who is eligible for supplemental
aid under sections 256D.33 to 256D.54, payment shall be made
from the first of the month in which an approved application is
received by a county agency.
Subd. 3. [MORATORIUM ON THE DEVELOPMENT OF NEGOTIATED RATE
GROUP RESIDENTIAL HOUSING BEDS.] County agencies shall not enter
into agreements for new general assistance or Minnesota
supplemental aid negotiated rate group residence housing 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.
(4) up to 80 beds in a single, specialized facility located in
Hennepin county that will provide housing for chronic inebriates
who are repetitive users of detoxification centers and are
refused placement in emergency shelters because of their state
of intoxication. Planning for the specialized facility must
have been initiated before July 1, 1991, in anticipation of
receiving a grant from the housing finance agency under section
462A.05, subdivision 20a, paragraph (b).
Sec. 38. Minnesota Statutes 1990, section 256I.05,
subdivision 1, is amended to read:
Subdivision 1. [MONTHLY RATES.] Monthly payments for rates
negotiated by a county agency, or set by the department under
rules developed pursuant to subdivision 6, on behalf of a
recipient living in a negotiated rate group residence may must
be paid at the rates in effect on March 1, 1985 June 30, 1991,
not to exceed $919.80 in 1989. The maximum negotiated rate must
be increased annually according to subdivision 7. The county
agency may provide an annual increase in the March 1, 1985,
payment rate using the formula in subdivision 7, provided the
resulting rate does not exceed the maximum negotiated
rate $966.37 for a group residence that entered into an initial
group residential housing agreement with a county agency before
June 1, 1989. The county agency may at any time negotiate a
lower payment rate than the rate that would otherwise be paid
under this subdivision and subdivision 7.
Sec. 39. Minnesota Statutes 1991 Supplement, section
256I.05, subdivision 1a, is amended to read:
Subd. 1a. [LOWER MAXIMUM RATE RATES.] (a) The maximum
monthly rate for a general assistance or Minnesota supplemental
aid negotiated rate group residence that enters into an initial
negotiated rate group residential housing 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.
(b) The maximum monthly rate for a general assistance or
Minnesota supplemental aid group residence that is neither
licensed by nor registered with the Minnesota department of
health, or licensed by the department of human services, to
provide programs or services in addition to room and board is an
amount equal to the total of:
(1) the combined maximum shelter and basic needs standards
for Minnesota supplemental aid recipients living alone specified
in section 256D.44, subdivisions 2, paragraph (a), and 3,
paragraph (a); plus
(2) for persons who are not eligible to receive food stamps
due to living arrangements, the maximum allotment authorized by
the federal food stamp program for a single individual which is
in effect on the first day of July each year; less
(3) the personal needs allowance authorized for medical
assistance recipients under section 256B.35.
Sec. 40. Minnesota Statutes 1991 Supplement, section
256I.05, subdivision 1b, is amended 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 specified in
subdivision 1 does not apply to a facility which was licensed by
the Minnesota department of health as a boarding care home
before March 1, 1985, and which is not certified to receive
medical assistance.
Sec. 41. Minnesota Statutes 1991 Supplement, section
256I.05, subdivision 2, is amended to read:
Subd. 2. [MONTHLY RATES; EXEMPTIONS.] (a) The maximum
negotiated group residential housing 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 group residential housing 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 group residence under general assistance or Minnesota
supplemental aid. Rate increases for these residences are
subject to the provisions of subdivision 7.
(c) 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 rate for these
residences is the individual's appropriate medical assistance
case mix rate. The exclusion from the rate limit for residences
under this clause 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. 42. Minnesota Statutes 1990, section 256I.05,
subdivision 3, is amended to read:
Subd. 3. [LIMITS ON RATES.] When a negotiated group
residential housing rate is used to pay for an individual's room
and board, the rate payable to the residence must not exceed the
rate paid by an individual not receiving a negotiated group
residential housing rate under this chapter.
Sec. 43. Minnesota Statutes 1990, section 256I.05,
subdivision 6, is amended to read:
Subd. 6. [STATEWIDE RATE SETTING SYSTEM.] The commissioner
shall establish a comprehensive statewide system of rates and
payments for recipients who reside in residences with negotiated
rates group residential housing to be effective January 1, 1992,
or as soon as possible after that date. The commissioner may
adopt rules to establish this rate setting system.
Sec. 44. Minnesota Statutes 1990, section 256I.05, is
amended by adding a subdivision to read:
Subd. 7b. [COMMISSIONER'S DUTIES.] The commissioner shall
not provide automatic annual inflation adjustments for group
residential housing rates for the fiscal year beginning on July
1, 1993, and for subsequent fiscal years. The commissioner of
finance shall include as a budget change request annual
adjustments in reimbursement rates for group residential housing
in each biennial detailed expenditure budget submitted to the
legislature under section 16A.11.
Sec. 45. Minnesota Statutes 1990, section 256I.05,
subdivision 8, is amended to read:
Subd. 8. [STATE PARTICIPATION.] For a resident of a
negotiated rate group residence who is eligible for general
assistance under sections 256D.01 to 256D.21, state
participation in the negotiated group residential housing rate
is determined according to section 256D.03, subdivision 2. For
a resident of a negotiated rate facility group residence who is
eligible under sections 256D.33 to 256D.54, state participation
in the negotiated group residential housing rate is determined
according to section 256D.36.
Sec. 46. Minnesota Statutes 1990, section 256I.05,
subdivision 9, is amended to read:
Subd. 9. [PERSONAL NEEDS ALLOWANCE.] In addition to
the negotiated group residential housing rate paid for the room
and board costs, a person residing in a negotiated rate group
residence shall receive an allowance for clothing and personal
needs. The allowance shall not be less than that authorized for
a medical assistance recipient in section 256B.35.
Sec. 47. Minnesota Statutes 1991 Supplement, section
256I.05, subdivision 10, is amended to read:
Subd. 10. [FOSTER CARE.] In keeping with the definition of
"group residential housing rate" established in section 256I.03,
subdivision 2, beginning July 1, 1992, the negotiated group
residential housing rate of a group residence licensed as a
foster home is limited to the rate set for room and board costs
payments 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 group residence, and federal funding is available to pay
for so long as the cost of other necessary services meets the
definition of services or costs eligible for payment under the
state's Medicaid program under title XIX of the Social Security
Act and the persons receiving services in the group residence
also receive title XIX home- and community-based waiver services
for persons with mental retardation or a related condition, or
persons with traumatic or acquired brain injury. For
the purpose purposes of this section, the July 1, 1992, rate set
for room and board costs mean costs of providing food and
shelter for eligible persons, and includes payments must not
exceed the group residential housing rate effective June 30,
1992, minus the additional rate to be paid under title XIX of
the Social Security Act. The only exception to this limitation
is a rate adjustment for the payment of the additional room and
board costs of serving additional persons in the group residence.
Until a statewide rate setting system is developed in accordance
with subdivision 6, "room and board payments" referenced in this
section means the directly identifiable payments for the usual
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.
For purposes of this section, room and board payments do
not include payments for the costs of modifications and
adaptations of the group residence required to ensure the health
and safety of the resident or to meet the requirements of the
applicable life safety code when those costs meet the definition
of services and costs eligible for payment under the state's
Medicaid program under title XIX of the Social Security Act.
The group residences identified in this section shall be subject
to a statewide rate setting system identified in subdivision 6
once the rate setting system has been developed. Any amount of
payment made by counties prior to July 1, 1992, that exceeds the
rate caps established in subdivisions 1 and 2 is not considered
part of the group residential housing rate under this section
and may not be considered as part of the group residential
housing rate set as of July 1, 1992, nor shall that amount be
considered eligible for payment under title XIX of the Social
Security Act.
Sec. 48. [256I.051] [RATE LIMITATION; WAIVERED SERVICES
ELIGIBILITY.]
(a) If a group residential housing rate for an adult foster
care or board and lodging placement is for an individual who
would be or is eligible for the elderly waiver, the community
alternatives for disabled individuals program, or the community
alternative care program, the group residential housing rate
must include only the room and board portion of the rate. This
paragraph applies only to the extent that there are waiver funds
available.
(b) The room and board portion of the group residential
housing rate is an amount equal to the total of:
(1) the combined maximum shelter and basic needs standards
for Minnesota supplemental aid recipients living alone,
specified in section 256D.44, subdivisions 2, paragraph (a), and
3, paragraph (a); plus
(2) the maximum allotment authorized by the federal food
stamp program for a single individual in effect on the first day
of July each year to be applied to persons who are not eligible
to receive food stamps due to living arrangement; and less
(3) the personal needs allowance authorized for medical
assistance recipients under section 256B.35.
Sec. 49. Minnesota Statutes 1990, section 256I.06, is
amended to read:
256I.06 [PAYMENT METHODS.]
When a negotiated group residential housing rate is used to
pay the room and board costs of a person eligible under sections
256D.01 to 256D.21, the monthly payment may be issued as a
voucher or vendor payment. When a negotiated group residential
housing rate is used to pay the room and board costs of a person
eligible under sections 256D.33 to 256D.54, payments must be
made to the recipient. If a recipient is not able to manage the
recipient's finances, a representative payee must be appointed.
Sec. 50. Minnesota Statutes 1991 Supplement, section
261.035, is amended to read:
261.035 [BURIAL FUNERALS 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 that person's funeral or final
disposition, the county board shall first investigate to
determine whether the that person who has died has had
contracted for any prepaid burial funeral arrangements. If such
arrangements have been made, the county shall authorize burial
arrangements to be implemented 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 a funeral and final disposition, nor any
relatives therein spouse of sufficient ability to procure the
burial, the county board shall cause provide for a decent burial
or cremation funeral and final disposition 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. Any
funeral and final disposition provided at the expense of the
county shall be in accordance with religious and moral beliefs
of the decedent or the decedent's spouse or the decedent's next
of kin. If the wishes of the decedent are not known and the
county has no information about the existence of or location of
any next of kin, the county may determine the method of final
disposition.
Sec. 51. Minnesota Statutes 1990, section 357.021,
subdivision 1a, is amended to read:
Subd. 1a. (a) Every person, including the state of
Minnesota and all bodies politic and corporate, who shall
transact any business in the district court, shall pay to the
court administrator of said court the sundry fees prescribed in
subdivision 2. Except as provided in paragraph (d), the court
administrator shall transmit the fees monthly to the state
treasurer for deposit in the state treasury and credit to the
general fund.
(b) In a county which has a screener-collector position,
fees paid by a county pursuant to this subdivision shall be
transmitted monthly to the county treasurer, who shall apply the
fees first to reimburse the county for the amount of the salary
paid for the screener-collector position. The balance of the
fees collected shall then be forwarded to the state treasurer
for deposit in the state treasury and credited to the general
fund. A screener-collector position for purposes of this
paragraph is an employee whose function is to increase the
collection of fines and to review the incomes of potential
clients of the public defender, in order to verify eligibility
for that service.
(c) No fee is required under this section from the public
authority or the party the public authority represents in an
action for:
(1) child support enforcement or modification, medical
assistance enforcement, or establishment of parentage in the
district court, or child or medical support enforcement
conducted by an administrative law judge in an administrative
hearing under section 518.551, subdivision 10;
(2) civil commitment under chapter 253B;
(3) the appointment of a public conservator or public
guardian or any other action under chapters 252A and 525;
(4) wrongfully obtaining public assistance under section
256.98 or 256D.07, or recovery of overpayments of public
assistance;
(5) court relief under chapter 260;
(6) forfeiture of property under sections 609.531 to
609.5317;
(7) recovery of amounts issued by political subdivisions or
public institutions under sections 246.52, 252.27, 256.045,
256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and
260.251, or other sections referring to other forms of public
assistance; or
(8) restitution under section 611A.04.
(d) The fees collected for child support modifications
under subdivision 2, clause (11), must be transmitted to the
county treasurer for deposit in the county general fund. The
fees must be used by the county to pay for child support
enforcement efforts by county attorneys.
Sec. 52. Minnesota Statutes 1991 Supplement, section
357.021, subdivision 2, is amended to read:
Subd. 2. [FEE AMOUNTS.] The fees to be charged and
collected by the court administrator shall be as follows:
(1) In every civil action or proceeding in said court, the
plaintiff, petitioner, or other moving party shall pay, when the
first paper is filed for that party in said action, a fee of $85.
The defendant or other adverse or intervening party, or any
one or more of several defendants or other adverse or
intervening parties appearing separately from the others, shall
pay, when the first paper is filed for that party in said
action, a fee of $85.
The party requesting a trial by jury shall pay $30.
The fees above stated shall be the full trial fee
chargeable to said parties irrespective of whether trial be to
the court alone, to the court and jury, or disposed of without
trial, and shall include the entry of judgment in the action,
but does not include copies or certified copies of any papers so
filed or proceedings under chapter 103E, except the provisions
therein as to appeals.
(2) Certified copy of any instrument from a civil or
criminal proceeding, $5, plus 25 cents per page after the first
page, and $3.50, plus 25 cents per page after the first page for
an uncertified copy.
(3) Issuing a subpoena, $3 for each name.
(4) Issuing an execution and filing the return thereof;
issuing a writ of attachment, injunction, habeas corpus,
mandamus, quo warranto, certiorari, or other writs not
specifically mentioned, $10.
(5) Issuing a transcript of judgment, or for filing and
docketing a transcript of judgment from another court, $7.50.
(6) Filing and entering a satisfaction of judgment, partial
satisfaction, or assignment of judgment, $5.
(7) Certificate as to existence or nonexistence of
judgments docketed, $5 for each name certified to.
(8) Filing and indexing trade name; or recording notary
commission; or recording basic science certificate; or recording
certificate of physicians, osteopaths, chiropractors,
veterinarians, or optometrists, $5.
(9) For the filing of each partial, final, or annual
account in all trusteeships, $10.
(10) For the deposit of a will, $5.
(11) Filing a motion or response to a motion for
modification of child support, a fee fixed by rule or order of
the supreme court.
(12) All other services required by law for which no fee is
provided, such fee as compares favorably with those herein
provided, or such as may be fixed by rule or order of the court.
Sec. 53. Minnesota Statutes 1990, section 518.551,
subdivision 7, is amended to read:
Subd. 7. [SERVICE FEE.] (a) When the public agency
responsible for child support enforcement provides child support
collection services either to a public assistance recipient or
to a party who does not receive public assistance, the public
agency may upon written notice to the obligor charge a monthly
collection fee equivalent to the full monthly cost to the county
of providing collection services, in addition to the amount of
the child support which was ordered by the court. The fee shall
be deposited in the county general fund. The service fee
assessed is limited to ten percent of the monthly court ordered
child support and shall not be assessed to obligors who are
current in payment of the monthly court ordered child support.
An application fee not to exceed $5 $25 shall be paid by the
person who applies for child support and maintenance collection
services, except persons who transfer from public assistance to
nonpublic assistance status. Fees assessed by state and federal
tax agencies for collection of overdue support owed to or on
behalf of a person not receiving public assistance must be
imposed on the person for whom these services are provided.
However, the limitations of this subdivision on the
assessment of fees shall not apply to the extent inconsistent
with the requirements of federal law for receiving funds for the
programs under Title IV-A and Title IV-D of the Social Security
Act, United States Code, title 42, sections 601 to 613 and
United States Code, title 42, sections 651 to 662.
Sec. 54. Minnesota Statutes 1990, section 518.551,
subdivision 10, is amended to read:
Subd. 10. [ADMINISTRATIVE PROCESS FOR CHILD AND MEDICAL
SUPPORT ORDERS.] (a) An administrative process is established to
obtain, modify, and enforce child and medical support orders and
maintenance.
The commissioner of human services may designate counties
to participate in the administrative process established by this
section. All proceedings for obtaining, modifying, or enforcing
child and medical support orders and maintenance and
adjudicating uncontested parentage proceedings, required to be
conducted in counties designated by the commissioner of human
services in which the county human services agency is a party or
represents a party to the action must be conducted by an
administrative law judge from the office of administrative
hearings, except for the following proceedings:
(1) adjudication of contested parentage;
(2) motions to set aside a paternity adjudication or
declaration of parentage;
(3) evidentiary hearing on contempt motions; and
(4) motions to sentence or to revoke the stay of a jail
sentence in contempt proceedings.
(b) An administrative law judge may hear a stipulation
reached on a contempt motion, but any stipulation that involves
a finding of contempt and a jail sentence, whether stayed or
imposed, shall require the review and signature of a district
judge.
(c) For the purpose of this process, all powers, duties,
and responsibilities conferred on judges of the district court
to obtain and enforce child and medical support obligations,
subject to the limitation set forth herein, are conferred on the
administrative law judge conducting the proceedings, including
the power to issue orders to show cause and to issue bench
warrants for failure to appear.
(d) Before implementing the process in a county, the chief
administrative law judge, the commissioner of human services,
the director of the county human services agency, the county
attorney, and the county court administrator shall jointly
establish procedures and the county shall provide hearing
facilities for implementing this process in a county.
(e) Nonattorney employees of the public agency responsible
for child support in the counties designated by the
commissioner, acting at the direction of the county attorney,
may prepare, sign, serve, and file complaints and motions for
obtaining, modifying, or enforcing child and medical support
orders and maintenance and related documents, appear at
prehearing conferences, and participate in proceedings before an
administrative law judge. This activity shall not be considered
to be the unauthorized practice of law.
(f) The hearings shall be conducted under the rules of the
office of administrative hearings, Minnesota Rules, parts
1400.7100 to 1400.7500, 1400.7700, and 1400.7800, as adopted by
the chief administrative law judge. All other aspects of the
case, including, but not limited to, pleadings, discovery, and
motions, shall be conducted under the rules of family court, the
rules of civil procedure, and chapter 518. The administrative
law judge shall make findings of fact, conclusions, and a final
decision and issue an order. Orders issued by an administrative
law judge are enforceable by the contempt powers of the county
and district courts.
(g) The decision and order of the administrative law judge
is appealable to the court of appeals in the same manner as a
decision of the district court.
(h) The commissioner of human services shall distribute
money for this purpose to counties to cover the costs of the
administrative process, including the salaries of administrative
law judges. If available appropriations are insufficient to
cover the costs, the commissioner shall prorate the amount among
the counties.
Sec. 55. [MSA SHARED HOUSING DEMONSTRATION PROJECT.]
Within available appropriations, the commissioner of human
services shall establish a shared housing demonstration project
for mentally ill persons receiving assistance under the
Minnesota supplemental aid (MSA) program established by
Minnesota Statutes, sections 256D.33 to 256D.54. Persons
selected for the project shall be MSA recipients who are
mentally ill and who are certified by a physician as needing
shared housing for medical reasons. These individuals shall be
permitted to reside with other individuals while still receiving
the full MSA shelter allowance and full basic needs allowance
under Minnesota Statutes, section 256D.44. The purpose of the
project is to demonstrate that allowing full MSA grants for
certain persons with mental illness who share housing can be
effective in helping those individuals avoid costly mental
health treatment including repeated hospitalizations. The study
must be conducted in conformity with federal requirements on
studies using human subjects for research.
As part of the demonstration project, the commissioner
shall conduct a survey of mental health professionals and county
case managers and shall analyze the MSA caseload figures
maintained by the department of human services. The purpose of
the survey and analysis is to determine the likely number of
individuals that would be impacted by an increase in the
standard of assistance under Minnesota Statutes, section
256D.44, for mentally ill persons in shared housing situations.
The commissioner shall consult with mental health advocacy and
other public interest groups in preparing and carrying out the
survey. The commissioner shall report to the legislature by
January 15, 1994, on the results of the survey and demonstration
project. For purposes of this demonstration project, eligible
individuals shall be limited to Hennepin county on a first-come,
first-served basis, subject to approval of the county board.
Sec. 56. [COLLECTIONS AND COST RECOVERY.]
The commissioner of human services shall consult with
representatives of the office of child support enforcement,
local social service agencies, the department of revenue, and
legislative staff to make recommendations for a process to
increase the collection of child support arrearages and to
institute cost recovery in child support enforcement. The
commissioner of human services and the commissioner of revenue
shall report the recommendations to the chairs of the committees
on health and human services and judiciary in the senate and the
house of representatives by January 15, 1993.
Sec. 57. [CHILD SUPPORT COMPUTER SYSTEM.]
The commissioner of human services shall take appropriate
action to ensure that the statewide computer system for the
collection and enforcement of child support is operating
effectively and efficiently as soon as possible. The
commissioner shall report to the chairs of the committees on
health and human services and judiciary in the senate and the
house of representatives by January 15, 1993, concerning the
status of the computer system and any problems in the
functioning of the system.
Sec. 58. [IMPLEMENTATION.]
Notwithstanding the second sentence of Laws 1991, chapter
292, article 5, section 85, subdivision 1, the commissioner
shall implement the Minnesota family investment plan field
trials beginning April 1, 1994.
Sec. 59. [REPEALER.]
Minnesota Statutes 1990, sections 144A.15, subdivision 6;
256B.495, subdivision 3; 256D.09, subdivision 3; and 256I.05,
subdivision 7; and Minnesota Statutes 1991 Supplement, section
256I.05, subdivision 7a, are repealed.
Sec. 60. [EFFECTIVE DATE.]
Sections 26 to 32 are effective the day following final
enactment. Section 37, subdivision 3, clause (4), is effective
July 1, 1993.
Section 19 is effective January 1, 1993, except for the
provision in subdivision 1, paragraph (a), referring to
orientation which is effective immediately upon final enactment.
ARTICLE 9
SOCIAL SERVICES, MENTAL HEALTH, AND
DEVELOPMENTAL DISABILITIES
Section 1. [16B.185] [PROCUREMENTS FROM REHABILITATION
FACILITIES AND DAY TRAINING AND HABILITATION FACILITIES.]
In collaboration with the commissioners of jobs and
training, human services, and trade and economic development,
the commissioner shall identify contracts for the purchase of
goods and services from certified rehabilitation facilities and
day training and habitation services that will enhance
employment opportunities for persons with severe disabilities
that result in additional annual sales volume of 15 percent per
year by July 1, 1995.
Sec. 2. Minnesota Statutes 1990, section 43A.191,
subdivision 2, is amended to read:
Subd. 2. [AGENCY AFFIRMATIVE ACTION PLANS.] (a) The head
of each agency in the executive branch shall prepare and
implement an agency affirmative action plan consistent with this
section and rules issued under section 43A.04, subdivision 3.
(b) The agency plan must include a plan for the provision
of reasonable accommodation in the hiring and promotion of
qualified disabled persons. The reasonable accommodation plan
must consist of at least the following:
(1) procedures for compliance with section 363.03 and,
where appropriate, regulations implementing United States Code,
title 29, section 794, as amended through December 31, 1984,
which is section 504 of the Rehabilitation Act of 1973, as
amended;
(2) methods and procedures for providing reasonable
accommodation for disabled job applicants, current employees,
and employees seeking promotion; and
(3) provisions for funding reasonable accommodations.
(c) The agency plan must be prepared by the agency head
with the assistance of the agency affirmative action officer and
the director of equal employment opportunity. The council on
disability shall provide assistance with the agency reasonable
accommodation plan.
(d) The agency plan must identify, annually, any positions
in the agency that can be used for supported employment as
defined in section 268A.01, subdivision 13, of persons with
severe disabilities. The agency shall report this information
to the commissioner. An agency that hires more than one
supported worker in the identified positions must receive
recognition for each supported worker toward meeting the
agency's affirmative action goals and objectives.
(e) An agency affirmative action plan may not be
implemented without the commissioner's approval.
Sec. 3. [244.17] [BOOT CAMP PROGRAM.]
Subdivision 1. [GENERALLY.] The commissioner may select
offenders who meet the eligibility requirements of subdivisions
2 and 3 to participate in the boot camp program described in
sections 244.171 and 244.172 for all or part of the offender's
sentence if the offender agrees to participate in the program
and signs a written contract with the commissioner agreeing to
comply with the program's requirements.
Subd. 2. [ELIGIBILITY.] The commissioner must limit the
boot camp program to the following persons:
(1) offenders who are committed to the commissioner's
custody following revocation of a stayed sentence; and
(2) offenders who are committed to the commissioner's
custody for a term of imprisonment of not less than 18 months
nor more than 36 months and who did not receive a dispositional
departure under the sentencing guidelines.
Subd. 3. [OFFENDERS NOT ELIGIBLE.] The following offenders
are not eligible to be placed in the boot camp program:
(1) offenders who are committed to the commissioner's
custody following a conviction for murder, manslaughter,
criminal sexual conduct, assault, kidnapping, robbery, arson, or
any other offense involving death or personal injury; and
(2) offenders who previously were convicted of an offense
described in clause (1) and were committed to the custody of the
commissioner.
Sec. 4. [244.171] [BOOT CAMP PROGRAM; BASIC ELEMENTS.]
Subdivision 1. [REQUIREMENTS.] The commissioner shall
operate the boot camp program in conformance with this section.
The commissioner shall administer the program to further the
following goals:
(1) to punish the offender;
(2) to protect the safety of the public;
(3) to enhance the employment skills of the offender during
the boot camp program and afterward;
(4) to use offenders to accomplish community service
initiatives, goals, and projects; and
(5) to facilitate treatment of offenders who are chemically
dependent.
Subd. 2. [GOOD TIME NOT AVAILABLE.] An offender in the
boot camp program does not earn good time during phases I and II
of the program, notwithstanding section 244.04.
Subd. 3. [SANCTIONS.] The commissioner shall impose severe
and meaningful sanctions for violating the conditions of the
boot camp program. The commissioner shall remove an offender
from the boot camp program if the offender:
(1) commits a material violation of or repeatedly fails to
follow the rules of the program;
(2) commits any misdemeanor, gross misdemeanor, or felony
offense; or
(3) presents a risk to the public, based on the offender's
behavior, attitude, or abuse of alcohol or controlled
substances. The removal of an offender from the boot camp
program is governed by the procedures in the commissioner's
rules adopted under section 244.05, subdivision 2.
An offender who is removed from the boot camp program shall
be imprisoned for a time period equal to the offender's original
term of imprisonment, minus earned good time if any, but in no
case for longer than the time remaining in the offender's
sentence. "Original term of imprisonment" means a time period
equal to two-thirds of the sentence originally executed by the
sentencing court, minus jail credit, if any.
Sec. 5. [244.172] [BOOT CAMP PROGRAM; PHASES I to III.]
Subdivision 1. [PHASE I.] Phase I of the program lasts at
least six months. The offender must be confined in a state
correctional facility designated by the commissioner and must
successfully participate in all intensive treatment, education,
and work programs required by the commissioner. The offender
must also submit on demand to random drug and alcohol testing at
time intervals set by the commissioner. For the first three
months of phase I, the offender may not receive visitors or
telephone calls, except under emergency circumstances.
Subd. 2. [PHASE II.] Phase II of the program lasts at
least six months. The offender shall serve this phase of the
offender's sentence in an intensive community supervision
program established by the commissioner under section 244.13.
The commissioner may impose on the offender any of the
requirements described in section 244.15, subdivisions 2 to 7,
provided that the offender must be required to submit to daily
drug and alcohol tests for the first three months, biweekly
tests for the next two months, and weekly tests for the
remainder of phase II. The commissioner shall also require the
offender to report daily to a day-reporting facility designated
by the commissioner. In addition, if the commissioner required
the offender to undergo acupuncture during phase I, the offender
must continue to submit to acupuncture treatment throughout
phase II.
Subd. 3. [PHASE III.] Phase III lasts for the remainder of
the offender's sentence. During phase III, the commissioner
shall place the offender on supervised release under section
244.05. The commissioner shall set the level of the offender's
supervision based on the public risk presented by the offender.
Sec. 6. [244.173] [BOOT CAMP PROGRAM; EVALUATION AND
REPORT.]
The commissioner shall develop a system for gathering and
analyzing information concerning the value and effectiveness of
the boot camp program. The commissioner shall report to the
legislature by January 1, 1996, on the operation of the program.
Sec. 7. Minnesota Statutes 1990, section 245A.02, is
amended by adding a subdivision to read:
Subd. 7a. [HIV MINIMUM STANDARDS.] "HIV minimum standards"
means those items approved by the department and contained in
the HIV-1 Guidelines for chemical dependency treatment and care
programs in Minnesota including HIV education to clients,
completion of HIV training by all new and existing staff,
provision for referral to individual HIV counseling and services
for all clients, and the implementation of written policies and
procedures for working with HIV-infected clients.
Sec. 8. Minnesota Statutes 1990, section 245A.02, is
amended by adding a subdivision to read:
Subd. 15. [RESPITE CARE SERVICES.] "Respite care services"
means temporary services provided to a person due to the absence
or need for relief of the person's family member or legal
representative who is the primary caregiver and principally
responsible for the care and supervision of the person. Respite
care services are those that provide the level of supervision
and care that is necessary to ensure the health and safety of
the person. Respite care services do not include services that
are specifically directed toward the training and habilitation
of the person.
Sec. 9. Minnesota Statutes 1991 Supplement, section
245A.03, subdivision 2, is amended to read:
Subd. 2. [EXCLUSION FROM LICENSURE.] Sections 245A.01 to
245A.16 do not apply to:
(1) residential or nonresidential programs that are
provided to a person by an individual who is related;
(2) nonresidential programs that are provided by an
unrelated individual to persons from a single related family;
(3) residential or nonresidential programs that are
provided to adults who do not abuse chemicals or who do not have
a chemical dependency, a mental illness, mental retardation or a
related condition, a functional impairment, or a physical
handicap;
(4) sheltered workshops or work activity programs that are
certified by the commissioner of jobs and training;
(5) programs for children enrolled in kindergarten to the
12th grade and prekindergarten regular and special education
programs that are operated by the commissioner of education or a
school as defined in section 120.101, subdivision 4;
(6) nonresidential programs for children that provide care
or supervision for periods of less than three hours a day while
the child's parent or legal guardian is in the same building or
present on property that is contiguous with the physical
facility where the nonresidential program is provided;
(7) nursing homes or hospitals licensed by the commissioner
of health except as specified under section 245A.02;
(8) board and lodge facilities licensed by the commissioner
of health that provide services for five or more persons whose
primary diagnosis is mental illness who have refused an
appropriate residential program offered by a county agency.
This exclusion expires on July 1, 1990;
(9) homes providing programs for persons placed there by a
licensed agency for legal adoption, unless the adoption is not
completed within two years;
(10) programs licensed by the commissioner of corrections;
(11) recreation programs for children or adults that
operate for fewer than 40 calendar days in a calendar year;
(12) programs whose primary purpose is to provide, for
adults or school-age children, including children who will be
eligible to enter kindergarten within not more than four months,
social and recreational activities, such as scouting, boys
clubs, girls clubs, sports, or the arts; except that a program
operating in a school building is not excluded unless it is
approved by the district's school board;
(13) head start nonresidential programs which operate for
less than 31 days in each calendar year;
(14) noncertified boarding care homes unless they provide
services for five or more persons whose primary diagnosis is
mental illness or mental retardation;
(15) nonresidential programs for nonhandicapped children
provided for a cumulative total of less than 30 days in any
12-month period;
(16) residential programs for persons with mental illness,
that are located in hospitals, until the commissioner adopts
appropriate rules;
(17) the religious instruction of school-age children;
Sabbath or Sunday schools; or the congregate care of children by
a church, congregation, or religious society during the period
used by the church, congregation, or religious society for its
regular worship;
(18) camps licensed by the commissioner of health under
Minnesota Rules, chapter 4630;
(19) mental health outpatient services for adults with
mental illness or children with emotional disturbance; or
(20) residential programs serving school-age children whose
sole purpose is cultural or educational exchange, until the
commissioner adopts appropriate rules;
(21) unrelated individuals who provide out-of-home respite
care services to persons with mental retardation or related
conditions from a single related family for no more than 30 days
in a 12-month period and the respite care services are for the
temporary relief of the person's family or legal representative;
(22) respite care services provided as a home- and
community-based service to a person with mental retardation or a
related condition, in the person's primary residence; or
(23) community support services programs as defined in
section 245.462, subdivision 6, and family community support
services as defined in section 245.4871, subdivision 17.
For purposes of clause (5), the department of education,
after consulting with the department of human services, shall
adopt standards applicable to preschool programs administered by
public schools that are similar to Minnesota Rules, parts
9503.005 to 9503.0175. These standards are exempt from
rulemaking under chapter 14.
Sec. 10. Minnesota Statutes 1991 Supplement, section
245A.04, subdivision 3, is amended to read:
Subd. 3. [STUDY OF THE APPLICANT.] (a) Before the
commissioner issues a license, the commissioner shall conduct a
study of the individuals specified in clauses (1) to (4)
according to rules of the commissioner. The applicant, license
holder, the bureau of criminal apprehension, and county
agencies, after written notice to the individual who is the
subject of the study, shall help with the study by giving the
commissioner criminal conviction data and reports about abuse or
neglect of adults in licensed programs substantiated under
section 626.557 and the maltreatment of minors in licensed
programs substantiated under section 626.556. The individuals
to be studied shall include:
(1) the applicant;
(2) persons over the age of 13 living in the household
where the licensed program will be provided;
(3) current employees or contractors of the applicant who
will have direct contact with persons served by the program; and
(4) volunteers who have direct contact with persons served
by the program to provide program services, if the contact is
not directly supervised by the individuals listed in clause (1)
or (3).
The juvenile courts shall also help with the study by
giving the commissioner existing juvenile court records on
individuals described in clause (2) relating to delinquency
proceedings held within either the five years immediately
preceding the application or the five years immediately
preceding the individual's 18th birthday, whichever time period
is longer. The commissioner shall destroy juvenile records
obtained pursuant to this subdivision when the subject of the
records reaches age 23.
For purposes of this subdivision, "direct contact" means
providing face-to-face care, training, supervision, counseling,
consultation, or medication assistance to persons served by a
program. For purposes of this subdivision, "directly supervised"
means an individual listed in clause (1) or (3) is within sight
or hearing of a volunteer to the extent that the individual
listed in clause (1) or (3) is capable at all times of
intervening to protect the health and safety of the persons
served by the program who have direct contact with the volunteer.
A study of an individual in clauses (1) to (4) shall be
conducted on at least an annual basis. No applicant, license
holder, or individual who is the subject of the study shall pay
any fees required to conduct the study.
(b) The individual who is the subject of the study must
provide the applicant or license holder with sufficient
information to ensure an accurate study including the
individual's first, middle, and last name; home address, city,
county, and state of residence; zip code; sex; date of birth;
and driver's license number. The applicant or license holder
shall provide this information about an individual in paragraph
(a), clauses (1) to (4), on forms prescribed by the
commissioner. The commissioner may request additional
information of the individual, which shall be optional for the
individual to provide, such as the individual's social security
number or race.
(c) Except for child foster care, adult foster care, and
family day care homes, a study must include information from the
county agency's record of substantiated abuse or neglect of
adults in licensed programs, and the maltreatment of minors in
licensed programs, information from juvenile courts as required
in paragraph (a) for persons listed in paragraph (a), clause
(2), and information from the bureau of criminal apprehension.
For child foster care, adult foster care, and family day care
homes, the study must include information from the county
agency's record of substantiated abuse or neglect of adults, and
the maltreatment of minors, information from juvenile courts as
required in paragraph (a) for persons listed in paragraph (a),
clause (2), and information from the bureau of criminal
apprehension. The commissioner may also review arrest and
investigative information from the bureau of criminal
apprehension, a county attorney, county sheriff, county agency,
local chief of police, other states, the courts, or a national
criminal record repository if the commissioner has reasonable
cause to believe the information is pertinent to the
disqualification of an individual listed in paragraph (a),
clauses (1) to (4).
(d) An applicant's or license holder's failure or refusal
to cooperate with the commissioner is reasonable cause to deny
an application or immediately suspend, suspend, or revoke a
license. Failure or refusal of an individual to cooperate with
the study is just cause for denying or terminating employment of
the individual if the individual's failure or refusal to
cooperate could cause the applicant's application to be denied
or the license holder's license to be immediately suspended,
suspended, or revoked.
(e) The commissioner shall not consider an application to
be complete until all of the information required to be provided
under this subdivision has been received.
(f) No person in paragraph (a), clause (1), (2), (3), or
(4) who is disqualified as a result of this section may be
retained by the agency in a position involving direct contact
with persons served by the program.
(g) The commissioner shall not implement the procedures
contained in this subdivision until appropriate rules have been
adopted, except for the applicants and license holders for child
foster care, adult foster care, and family day care homes.
(h) Termination of persons in paragraph (a), clause (1),
(2), (3), or (4) made in good faith reliance on a notice of
disqualification provided by the commissioner shall not subject
the applicant or license holder to civil liability.
(i) (h) The commissioner may establish records to fulfill
the requirements of this section. The information contained in
the records is only available to the commissioner for the
purpose authorized in this section.
(j) (i) The commissioner may not disqualify an individual
subject to a study under this section because that person has,
or has had, a mental illness as defined in section 245.462,
subdivision 20.
Sec. 11. Minnesota Statutes 1990, section 245A.07,
subdivision 2, is amended to read:
Subd. 2. [IMMEDIATE SUSPENSION IN CASES OF IMMINENT DANGER
TO HEALTH, SAFETY, OR RIGHTS.] If the license holder's failure
to comply with applicable law or rule has placed the health,
safety, or rights of persons served by the program in imminent
danger, the commissioner shall act immediately to suspend the
license. No state funds shall be made available or be expended
by any agency or department of state, county, or municipal
government for use by a license holder regulated under sections
245A.01 to 245A.16 while a license is under immediate
suspension. A notice stating the reasons for the immediate
suspension and informing the license holder of the right to a
contested case hearing under chapter 14 must be delivered by
personal service to the address shown on the application or the
last known address of the license holder. The license holder
may appeal an order immediately suspending a license by
notifying the commissioner. The appeal of an order immediately
suspending a license must be made in writing by certified mail
and must be received by the commissioner within five calendar
days after receiving the license holder receives notice that the
license has been immediately suspended. A license holder and
any controlling individual shall discontinue operation of the
program upon receipt of the commissioner's order to immediately
suspend the license.
Sec. 12. Minnesota Statutes 1990, section 245A.07,
subdivision 3, is amended to read:
Subd. 3. [SUSPENSION, REVOCATION, PROBATION.] The
commissioner may suspend, revoke, or make probationary a license
if a license holder fails to comply fully with applicable laws
or rules. A license holder who has had a license suspended,
revoked, or made probationary must be given notice of the action
by certified mail. The notice must be mailed to the address
shown on the application or the last known address of the
license holder. The notice must state the reasons the license
was suspended, revoked, or made probationary.
(a) If the license was suspended or revoked, the notice
must inform the license holder of the right to a contested case
hearing under chapter 14. The license holder may appeal an
order suspending or revoking a license by notifying the
commissioner. The appeal of an order suspending or revoking a
license must be made in writing by certified mail and must be
received by the commissioner within ten calendar days
after receiving the license holder receives notice that the
license has been suspended or revoked.
(b) If the license was made probationary, the notice must
inform the license holder of the right to request a
reconsideration by the commissioner. The request for
reconsideration must be made in writing by certified mail and
must be received by the commissioner within ten calendar days
after receiving the license holder receives notice that the
license has been made probationary. The license holder may
submit with the request for reconsideration written argument or
evidence in support of the request for reconsideration. The
commissioner's disposition of a request for reconsideration is
final and is not subject to appeal under chapter 14.
Sec. 13. [245A.091] [EXEMPTION FROM CERTAIN RULE PARTS
GOVERNING RESIDENTIAL PROGRAMS FOR PERSONS WITH MENTAL
RETARDATION OR RELATED CONDITIONS.]
A Minnesota residential program certified under federal
standards by the department of health as an intermediate care
facility for persons with mental retardation or related
conditions is exempt from the following Minnesota Rules parts:
(1) part 9525.0235, subparts 4; 6; 7; 8; 10, items A and B;
and 12 to 15;
(2) part 9525.0243;
(3) part 9525.0245, subparts 2, items A, C, D, E, F; 4 to
7; and 9;
(4) part 9525.0255, subparts 1, items B, D, and F; and 3;
(5) part 9525.0265, subparts 1, items A and C; 3, items A
to F; 5; and 8, items A and B;
(6) part 9525.0275;
(7) part 9525.0285, subparts 2 and 3;
(8) part 9525.0295, subparts 5, item B, subitem (3); and 6;
(9) part 9525.0305, subparts 2; 3, items C, E, and F; and
5;
(10) part 9525.0315, subparts 1; 2; and 3, items A to D;
(11) part 9525.0325, subpart 3, items A, D to G, and I to
K;
(12) part 9525.0335, items C, E, F, H to J, and K, subitems
(2) and (3); and
(13) part 9525.0345, subparts 1, item B, subitem (2); 2,
item A; 3 to 5; and 6, items A and B.
Sec. 14. Minnesota Statutes 1990, section 245A.11, is
amended to read:
245A.11 [SPECIAL CONDITIONS FOR RESIDENTIAL PROGRAMS.]
Subdivision 1. [POLICY STATEMENT.] It is the policy of the
state that persons shall not be excluded by municipal zoning
ordinances or other land use regulations from the benefits of
normal residential surroundings.
Subd. 2. [PERMITTED SINGLE-FAMILY RESIDENTIAL USE.]
Residential programs with a licensed capacity of six or fewer
persons shall be considered a permitted single-family
residential use of property for the purposes of zoning and other
land use regulations. Programs otherwise allowed under this
subdivision shall not be prohibited by operation of restrictive
covenants or similar restrictions, regardless of when entered
into, which cannot be met because of the nature of the licensed
program, including provisions which require the home's occupants
be related, and that the home must be occupied by the owner, or
similar provisions.
Subd. 2a. [ADULT FOSTER CARE LICENSE CAPACITY.] An adult
foster care license holder may have a maximum license capacity
of five if all persons in care are age 60 or over and who do not
have a serious and persistent mental illness or a developmental
disability. A license holder who is incorporated as a business
may operate a maximum of two programs with a licensed capacity
of five in each program.
Subd. 2b. [ADULT FOSTER CARE; FAMILY ADULT DAY CARE.] An
adult foster care license holder licensed under the conditions
in subdivision 2a may also provide family adult day care for
adults age 60 or over if no persons in the adult foster or adult
family day care program have a serious and persistent mental
illness or a developmental disability. The maximum combined
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. Adult foster care homes
providing services to five adults under this section 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. [PERMITTED MULTIFAMILY RESIDENTIAL USE.] Unless
otherwise provided in any town, municipal, or county zoning
regulation, a licensed residential program with a licensed
capacity of seven to 16 adults or children persons shall be
considered a permitted multifamily residential use of property
for the purposes of zoning and other land use regulations. A
town, municipal, or county zoning authority may require a
conditional use or special use permit to assure proper
maintenance and operation of a residential program. Conditions
imposed on the residential program must not be more restrictive
than those imposed on other conditional uses or special uses of
residential property in the same zones, unless the additional
conditions are necessary to protect the health and safety of the
adults or children persons being served by the program. Nothing
in sections 245A.01 to 245A.16 shall be construed to exclude or
prohibit residential programs from single-family zones if
otherwise permitted by local zoning regulations.
Subd. 4. [LOCATION OF RESIDENTIAL PROGRAMS.] In
determining whether to grant a license, the commissioner shall
specifically consider the population, size, land use plan,
availability of community services, and the number and size of
existing licensed residential programs in the town,
municipality, or county in which the applicant seeks to operate
a residential program. The commissioner shall not grant an
initial license to any residential program if the residential
program will be within 1,320 feet of an existing residential
program unless one of the following conditions apply: (1) the
existing residential program is located in a hospital licensed
by the commissioner of health; or (2) the town, municipality, or
county zoning authority grants the residential program a
conditional use or special use permit. In cities of the first
class, this subdivision applies even if a residential program is
considered a permitted single-family residential use of property
under subdivision 2. Foster care homes are exempt from this
subdivision; (3) the program serves six or fewer persons and is
not located in a city of the first class; or (4) the program is
foster care.
Subd. 5. [OVERCONCENTRATION AND DISPERSAL.] (a) Before
January 1, 1985, each county having two or more group
residential programs within 1,320 feet of each other shall
submit to the department of human services a plan to promote
dispersal of group residential programs. In formulating its
plan, the county shall solicit the participation of affected
persons, programs, municipalities having highly concentrated
residential program populations, and advocacy groups. For the
purposes of this subdivision, "highly concentrated" means having
a population in residential programs serving seven or more
persons that exceeds one-half of one percent of the population
of a recognized planning district or other administrative
subdivision.
(b) Within 45 days after the county submits the plan, the
commissioner shall certify whether the plan fulfills the
purposes and requirements of this subdivision including the
following requirements:
(1) a new program serving seven or more persons must not be
located in any recognized planning district or other
administrative subdivision where the population in residential
programs is highly concentrated;
(2) the county plan must promote dispersal of highly
concentrated residential program populations;
(3) the county plan shall promote the development of
residential programs in areas that are not highly concentrated;
(4) no person in a residential program shall be displaced
as a result of this section until a relocation plan has been
implemented that provides for an acceptable alternative
placement;
(5) if the plan provides for the relocation of residential
programs, the relocation must be completed by January 1, 1990.
If the commissioner certifies that the plan does not do so, the
commissioner shall state the reasons, and the county has 30 days
to submit a plan amended to comply with the requirements of the
commissioner.
(c) After July 1, 1985, the commissioner may reduce grants
under section 245.73 to a county required to have an approved
plan under paragraph (a) if the county does not have a plan
approved by the commissioner or if the county acts in
substantial disregard of its approved plan. The county board
has the right to be provided with advance notice and to appeal
the commissioner's decision. If the county requests a hearing
within 30 days of the notification of intent to reduce grants,
the commissioner shall not certify any reduction in grants until
a hearing is conducted and a decision made in accordance with
the contested case provisions of chapter 14.
Subd. 5a. [INTEGRATION OF RESIDENTIAL PROGRAMS.] The
commissioner of human services shall seek input from counties
and municipalities on methods for integrating all residential
programs into the community.
Subd. 6. [HOSPITALS; EXEMPTION.] Residential programs
located in hospitals shall be exempt from the provisions of this
section.
Sec. 15. Minnesota Statutes 1990, section 245A.13,
subdivision 4, is amended to read:
Subd. 4. [FEE.] A receiver appointed under an involuntary
receivership or the managing agent is entitled to a reasonable
fee as determined by the court. The fee is governed by section
256B.495.
Sec. 16. Minnesota Statutes 1991 Supplement, section
245A.16, subdivision 1, is amended to read:
Subdivision 1. [DELEGATION OF AUTHORITY TO AGENCIES.] (a)
County agencies and private agencies that have been designated
or licensed by the commissioner to perform licensing functions
and activities under section 245A.04, to recommend denial of
applicants under section 245A.05, to issue correction orders, to
issue variances, and recommend fines under section 245A.06, or
to recommend suspending, revoking, and making licenses
probationary under section 245A.07, shall comply with rules and
directives of the commissioner governing those functions and
with this section.
(b) By January 1, 1991, the commissioner shall study and
make recommendations to the legislature regarding the licensing
and provision of support services to child foster homes. In
developing the recommendations, the commissioner shall consult
licensed private agencies, county agencies, and licensed foster
home providers.
(c) For family day care programs, the commissioner may
authorize licensing reviews every two years after a licensee has
had at least one annual review.
Sec. 17. [245A.19] [HIV TRAINING IN CHEMICAL DEPENDENCY
TREATMENT PROGRAM.]
(a) Applicants and license holders for chemical dependency
residential and nonresidential programs must demonstrate
compliance with HIV minimum standards prior to their application
being complete. The HIV minimum standards contained in the
HIV-1 Guidelines for chemical dependency treatment and care
programs in Minnesota are not subject to rulemaking.
(b) Ninety days after enactment of this section, the
applicant or license holder shall orient all chemical dependency
treatment staff and clients to the HIV minimum standards.
Thereafter, orientation shall be provided to all staff and
clients, within 72 hours of employment or admission to the
program. In-service training shall be provided to all staff on
at least an annual basis and the license holder shall maintain
records of training and attendance.
(c) The license holder shall maintain a list of referral
sources for the purpose of making necessary referrals of clients
to HIV-related services. The list of referral services shall be
updated at least annually.
(d) Written policies and procedures, consistent with HIV
minimum standards, shall be developed and followed by the
license holder. All policies and procedures concerning HIV
minimum standards shall be approved by the commissioner. The
commissioner shall provide training on HIV minimum standards to
applicants.
(e) The commissioner may permit variances from the
requirements in this section. License holders seeking variances
must follow the procedures in section 245A.04, subdivision 9.
Sec. 18. [246.0135] [OPERATION OF REGIONAL TREATMENT
CENTERS.]
The commissioner of human services is prohibited from
closing any regional treatment center or state-operated nursing
home or any program at any of the regional treatment centers or
state-operated nursing homes, without specific legislative
authorization. For persons with mental retardation or related
conditions who move from one regional treatment center to
another regional treatment center, the provisions of section
256B.092, subdivision 10, must be followed for both the
discharge from one regional treatment center and admission to
another regional treatment center, except that the move is not
subject to the consensus requirement of section 256B.092,
subdivision 10, paragraph (b).
Sec. 19. Minnesota Statutes 1991 Supplement, section
251.011, subdivision 3, is amended to read:
Subd. 3. [AH-GWAH-CHING CENTER.] When tuberculosis
treatment is discontinued at Ah-Gwah-Ching that facility may
shall be used by the commissioner of human services for the care
of geriatric patients, and shall be known as the Ah-Gwah-Ching
Center. The commissioner shall not decrease the number of
nursing home beds nor close the Ah-Gwah-Ching Center without
specific approval by the legislature.
Sec. 20. Minnesota Statutes 1990, section 252.025,
subdivision 4, is amended to read:
Subd. 4. [STATE-PROVIDED SERVICES.] (a) It is the policy
of the state to capitalize and recapitalize the regional
treatment centers as necessary to prevent depreciation and
obsolescence of physical facilities and to ensure they retain
the physical capability to provide residential programs.
Consistent with that policy and with section 252.50, and within
the limits of appropriations made available for this purpose,
the commissioner may establish, by June 30, 1991, the following
state-operated, community-based programs for the least
vulnerable regional treatment center residents: at Brainerd
regional services center, two residential programs and two day
programs; at Cambridge regional treatment center, four
residential programs and two day programs; at Faribault regional
treatment center, ten residential programs and six day programs;
at Fergus Falls regional treatment center, two residential
programs and one day program; at Moose Lake regional treatment
center, four residential programs and two day programs; and at
Willmar regional treatment center, two residential programs and
one day program.
(b) By January 15, 1991, the commissioner shall report to
the legislature a plan to provide continued regional treatment
center capacity and state-operated, community-based residential
and day programs for persons with developmental disabilities at
Brainerd, Cambridge, Faribault, Fergus Falls, Moose Lake, St.
Peter, and Willmar, as follows:
(1) by July 1, 1998, continued regional treatment center
capacity to serve 350 persons with developmental disabilities as
follows: at Brainerd, 80 persons; at Cambridge, 12 persons; at
Faribault, 110 persons; at Fergus Falls, 60 persons; at Moose
Lake, 12 persons; at St. Peter, 35 persons; at Willmar, 25
persons; and up to 16 crisis beds in the Twin Cities
metropolitan area; and
(2) by July 1, 1999, continued regional treatment center
capacity to serve 254 persons with developmental disabilities as
follows: at Brainerd, 57 persons; at Cambridge, 12 persons; at
Faribault, 80 persons; at Fergus Falls, 35 persons; at Moose
Lake, 12 persons; at St. Peter, 30 persons; at Willmar, 12
persons, and up to 16 crisis beds in the Twin Cities
metropolitan area. In addition, the plan shall provide for the
capacity to provide residential services to 570 persons with
developmental disabilities in 95 state-operated, community-based
residential programs.
The commissioner is subject to a mandamus action under
chapter 586 for any failure to comply with the provisions of
this subdivision.
Sec. 21. Minnesota Statutes 1991 Supplement, 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 at least every four years, the
need, location, size, and program of public and private
residential services and day training and habilitation services
for 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 site funded as home and community-based
services.
Sec. 22. Minnesota Statutes 1991 Supplement, 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. If financing through state general obligation bonds
is not available, 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. 23. Minnesota Statutes 1990, section 254A.03,
subdivision 2, is amended to read:
Subd. 2. [AMERICAN INDIAN PROGRAMS.] There is hereby
created a section of American Indian programs, within the
alcohol and drug abuse section of the department of human
services, the position of to be headed by a special assistant
for American Indian programs on alcoholism and drug abuse and an
assistant to that position. The section shall be staffed with
all personnel necessary to fully administer programming for
alcohol and drug abuse for American Indians in the state. The
special assistant position shall be filled by a person with
considerable practical experience in and understanding of
alcohol and other drug abuse problems in the American Indian
community, who shall be responsible to the director of the
alcohol and drug abuse section created in subdivision 1 and
shall be in the unclassified service. The special assistant
shall meet with the American Indian advisory council as
described in section 254A.035 and serve as a liaison to the
Minnesota Indian affairs council to report on the status of
alcohol and other drug abuse among American Indians in the state
of Minnesota. The special assistant with the approval of the
director shall:
(a) Administer funds appropriated for American Indian
groups, organizations and reservations within the state for
American Indian alcoholism and drug abuse programs.
(b) Establish policies and procedures for such American
Indian programs with the assistance of the American Indian
advisory board.
(c) Hire and supervise staff to assist in the
administration of the American Indian program section within the
alcohol and drug abuse section of the department of human
services.
Sec. 24. Minnesota Statutes 1991 Supplement, 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.
(d) Notwithstanding the provisions of paragraphs (b) and
(c), state funds appropriated to serve persons who are not
entitled under the provisions of paragraph (a), shall be
expended for chemical dependency treatment services for
nonentitled but eligible persons who have children in their
household, are pregnant, or are younger than 18 years old.
These persons may have household incomes up to 60 percent of the
state median income. Any funds in addition to the amounts
necessary to serve the persons identified in this paragraph
shall be expended according to the provisions of paragraphs (b)
and (c).
Sec. 25. Minnesota Statutes 1990, section 256B.0625, is
amended by adding a subdivision to read:
Subd. 20a. [CASE MANAGEMENT FOR PERSONS WITH MENTAL
RETARDATION OR A RELATED CONDITION.] To the extent defined in
the state Medicaid plan, case management service activities for
persons with mental retardation or a related condition as
defined in section 256B.092, and rules promulgated thereunder,
are covered services under medical assistance.
Sec. 26. Minnesota Statutes 1990, section 256B.092, is
amended by adding a subdivision to read:
Subd. 2a. [MEDICAL ASSISTANCE FOR CASE MANAGEMENT
ACTIVITIES UNDER THE STATE PLAN MEDICAID OPTION.] Upon receipt
of federal approval, the commissioner shall make payments to
approved vendors of case management services participating in
the medical assistance program to reimburse costs for providing
case management service activities to medical assistance
eligible persons with mental retardation or a related condition,
in accordance with the state Medicaid plan and federal
requirements and limitations.
Sec. 27. Minnesota Statutes 1991 Supplement, section
256B.092, subdivision 7, is amended to read:
Subd. 7. [SCREENING TEAMS.] 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 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 person, 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 planning process. The
contract shall be limited to public guardianship representation
for the screening and individual service planning activities.
The contract shall require compliance with the commissioner's
instructions and may be for paid or voluntary services. For
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 person's physician, other health
professionals or other individuals as necessary to make this
evaluation. For persons under the jurisdiction of a
correctional agency, the case manager must consult with the
corrections administrator regarding additional health, safety,
and supervision needs. The case manager, with the concurrence
of the person, the person's legal guardian or conservator, or
the parent if the person is a minor, may invite other
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.
Sec. 28. Minnesota Statutes 1990, section 256B.501, is
amended by adding a subdivision to read:
Subd. 4a. [INCLUSION OF HOME CARE COSTS IN WAIVER
RATES.] The commissioner shall adjust the limits of the
established average daily reimbursement rates for waivered
services to include the cost of home care services that may be
provided to waivered services recipients. This adjustment must
be used to maintain or increase services and shall not be used
by county agencies for inflation increases for waivered services
vendors. Home care services referenced in this section are
those listed in section 256B.0627, subdivision 2. The average
daily reimbursement rates established in accordance with the
provisions of this subdivision apply only to the combined
average, daily costs of waivered and home care services and do
not change home care limitations under section 256B.0627.
Waivered services recipients receiving home care as of June 30,
1992, shall not have the amount of their services reduced as a
result of this section.
Sec. 29. Minnesota Statutes 1990, section 256B.501, is
amended by adding a subdivision to read:
Subd. 4b. [WAIVER RATES AND GROUP RESIDENTIAL HOUSING
RATES.] The average daily reimbursement rates established by the
commissioner for waivered services shall be adjusted to include
the additional costs of services eligible for waiver funding
under title XIX of the Social Security Act and for which there
is no group residential housing payment available as a result of
the payment limitations set forth in section 256I.05,
subdivision 10. The adjustment to the waiver rates shall be
based on county reports of service costs that are no longer
eligible for group residential housing payments. No adjustment
shall be made for any amount of reported payments that prior to
July 1, 1992, exceeded the group residential housing rate limits
established in section 256I.05 and were reimbursed through
county funds.
Sec. 30. Minnesota Statutes 1990, section 256C.28,
subdivision 2, is amended to read:
Subd. 2. [REMOVAL; VACANCIES; EXPIRATION.] The
compensation, removal of members, and filling of vacancies on
the council are as provided in section 15.0575. The council
expires as provided in section 15.059, subdivision 5.
Sec. 31. Minnesota Statutes 1990, section 256C.28,
subdivision 3, is amended to read:
Subd. 3. [DUTIES.] The council shall:
(1) advise the commissioner, the governor, and the
legislature, and the commissioners of the departments of human
services, education, jobs and training, and health on the nature
of the issues and disabilities confronting hearing impaired
persons in Minnesota;
(2) advise the commissioner, the governor, and the
legislature, and the commissioners of the departments of human
services, education, jobs and training, and health on the
development of policies, programs, and services affecting
hearing impaired persons, and on the use of appropriate federal
and state money;
(3) create a public awareness of the special needs and
potential of hearing impaired persons;
(4) provide the commissioner, the governor, and the
legislature, and the commissioners of the departments of human
services, education, jobs and training, and health with a review
of ongoing services, programs, and proposed legislation
affecting hearing impaired persons;
(5) advise the commissioner, the governor, and the
legislature, and the commissioners of the departments of human
services, education, jobs and training, and health on statutes
or rules necessary to ensure that hearing impaired persons have
access to benefits and services provided to individuals in
Minnesota;
(6) recommend to the commissioner, the governor, and the
legislature, and the commissioners of the departments of human
services, education, jobs and training, and health legislation
designed to improve the economic and social conditions of
hearing impaired persons in Minnesota;
(7) propose solutions to problems of hearing impaired
persons in the areas of education, employment, human rights,
human services, health, housing, and other related programs;
(8) recommend to the governor and the legislature any
needed revisions in the state's affirmative action program and
any other steps necessary to eliminate the underemployment or
unemployment of hearing impaired persons in the state's work
force;
(9) work with other state and federal agencies and
organizations to promote economic development for hearing
impaired Minnesotans; and
(10) coordinate its efforts with other state and local
agencies serving hearing impaired persons.
Sec. 32. Minnesota Statutes 1990, section 256E.14, is
amended to read:
256E.14 [GRANTS FOR CASE MANAGEMENT FOR PERSONS WITH MENTAL
RETARDATION OR RELATED CONDITIONS.]
For the biennium ending June 30, 1991, The commissioner
shall distribute to counties the appropriation made available
under this section for case management services for persons with
mental retardation or related conditions as follows:
(1) one-half of the appropriation must be distributed to
the counties according to the formula in section 256E.06,
subdivision 1; and
(2) one-half of as provided in this section. The
appropriation must be distributed to the counties on the basis
of the number of persons with mental retardation or a related
condition that were receiving case management services from the
county on the January 1 preceding the start of the fiscal year
in which the funds are distributed. The appropriation may be
reduced by the amount necessary to meet the state match for
medical reimbursement under section 256B.092, subdivision 2a.
Sec. 33. Minnesota Statutes 1990, section 299F.011,
subdivision 4a, is amended to read:
Subd. 4a. [FAMILY OR GROUP FAMILY DAY CARE HOME
REGULATION.] (a) Notwithstanding any contrary provision of this
section, the fire marshal shall not adopt or enforce a rule:
(1) establishing staff ratios, age distribution
requirements, and limitations on the number of children in care;
(2) regulating the means of egress from family or group
family day care homes in addition to the egress rules that apply
to the home as a single family dwelling; or
(3) confining family or group family day care home
activities to the floor of exit discharge.
(b) For purposes of this subdivision, "family or group
family day care home" means a dwelling unit in which the day
care provider provides the services referred to in section
245A.02, subdivision 10, to one or more persons.
(c) Nothing in this subdivision prohibits the department of
human services from adopting or enforcing rules regulating day
care, including the subjects in subdivision 4a, clauses (1) and
(3). The department may not, however, adopt or enforce a rule
stricter than subdivision 4a, clause (2).
(d) The department of human services may by rule adopt
procedures for requesting the state fire marshal or a local fire
marshal to conduct an inspection of day care homes to ensure
compliance with state or local fire codes.
(e) The commissioners of public safety and human services
may enter into an agreement for the commissioner of human
services to perform follow-up inspections of programs, subject
to licensure under section 245A, to determine whether certain
violations cited by the state fire marshal have been corrected.
The agreement shall identify specific items the commissioner of
human services is permitted to inspect. The list of items is
not subject to rulemaking and may be changed by mutual agreement
between the state fire marshal and the commissioner. The
agreement shall provide for training of individuals who will
conduct follow-up inspections. The agreement shall contain
procedures for the commissioner of human services to follow when
the commissioner requires assistance from the state fire marshal
to carry out the duties of the agreement.
(f) No tort liability is transferred to the commissioner of
human services as a result of the commissioner of human services
performing activities within the limits of the agreement.
Sec. 34. Minnesota Statutes 1990, section 363.071, is
amended by adding a subdivision to read:
Subd. 7. [LITIGATION AND HEARING COSTS.] The
administrative law judge shall order a respondent who is
determined to have engaged in an unfair discriminatory practice
to reimburse the department and the attorney general for all
appropriate litigation and hearing costs expended in preparing
for and conducting the hearing, unless payment of the costs
would impose a financial hardship on the respondent.
Appropriate costs include but are not limited to the costs of
services rendered by the attorney general, private attorneys if
engaged by the department, administrative law judges, court
reporters, and expert witnesses as well as the costs of
transcripts and other necessary supplies and materials.
Sec. 35. Minnesota Statutes 1990, section 363.14,
subdivision 2, is amended to read:
Subd. 2. [DISTRICT COURT JURISDICTION.] Any action brought
pursuant to this section shall be filed in the district court of
the county wherein the unlawful discriminatory practice is
alleged to have been committed or where the respondent resides
or has a principal place of business.
Any action brought pursuant to this chapter shall be heard
and determined by a judge sitting without a jury.
If the court finds that the respondent has engaged in an
unfair discriminatory practice, it shall issue an order
directing appropriate relief as provided by section 363.071,
subdivision 2.
When the court issues an order providing for payment to the
state of a civil penalty pursuant to section 363.071,
subdivision 2, it shall serve a copy of that order upon the
attorney general at the same time as it makes service upon the
parties.
Sec. 36. Minnesota Statutes 1990, section 363.14,
subdivision 3, is amended to read:
Subd. 3. [ATTORNEY'S FEES AND COSTS.] In any action or
proceeding brought pursuant to this section the court, in its
discretion, may allow the prevailing party a reasonable
attorney's fee as part of the costs. In any case brought by the
department, the court shall order a respondent who is determined
to have engaged in an unfair discriminatory practice to
reimburse the department and the attorney general for all
appropriate litigation and court costs expended in preparing for
and conducting the hearing, unless payment of the costs would
impose a financial hardship on the respondent. Appropriate
costs include but are not limited to the costs of services
rendered by the attorney general, private attorneys if engaged
by the department, court costs, court reporters, and expert
witnesses as well as the costs of transcripts and other
necessary supplies and materials.
Sec. 37. [SPECIAL RATE AND LICENSING EXCEPTION.]
Notwithstanding contrary provisions of Minnesota Statutes,
chapters 144, 157, 245A, and 256B, a facility that on August 1,
1987, was licensed by the commissioner of health as a boarding
care facility with 11 or fewer beds and which had at least 75
percent of its licensed beds occupied by chronically, severely
impaired, mentally ill individuals who were transferred to the
facility from a regional treatment center may retain that
license and must be reimbursed at a rate equal to its documented
actual costs and known cost changes according to the rate
formula in effect in 1980, or $50 per resident per day,
whichever is lower. This exemption from other rate-setting
regulations or restrictions continues as long as the proportion
of the facility's residents who are chronically, severely
impaired, mentally ill individuals who were transferred to the
facility from a regional treatment center remains at or above 75
percent.
Sec. 38. [WAIVERED SERVICES RATE STRUCTURE.]
The commissioner of human services shall report to the
legislature by January 15, 1993, with plans to implement on July
1, 1993, a rate structure for home- and community-based services
under title XIX of the Social Security Act which bases funding
on assessed needs of persons with mental retardation or related
conditions.
Sec. 39. [MENTAL HEALTH SERVICES DELIVERY SYSTEM PILOT
PROJECT IN DAKOTA COUNTY.]
Subdivision 1. [AUTHORIZATION FOR PILOT PROJECT.] (a)
Notwithstanding Minnesota Statutes, section 256E.05, subdivision
3a, after July 1, 1992, the commissioner of human services shall
establish a pilot project in Dakota county to test alternatives
to the delivery of mental health services required under the
Minnesota comprehensive mental health act, Minnesota Statutes,
sections 245.461 to 245.486.
(b) The pilot project shall be established to design and
plan an improved mental health services delivery system for
adults with serious and persistent mental illness that would:
(1) enhance consumer choice and flexibility; (2) maximize local
community-based alternatives; (3) support persons in independent
living arrangements; (4) enhance the person's ability to work;
(5) ensure the person a place in the community; and (6) enhance
the development of a strong community-based psychiatric program.
(c) By January 1, 1993, the pilot program shall develop a
comprehensive proposal for integrated program funding which
would permit flexibility in expenditures based on local needs
with local control. The planning process shall include, but not
be limited to, mental health consumers, health advocacy groups,
Dakota county, and the department of human services.
The integrated funding proposal shall be presented to the
state legislature for approval prior to implementation on July
1, 1993.
(d) The pilot project may include, but not be limited to,
issues in the service delivery system relating to:
(1) financial assistance from the state and the ability to
use existing funds flexibly to downsize residential facilities
for persons with mental illness governed by Minnesota Rules,
parts 9520.0500 to 9520.0690;
(2) joint collaboration or program development projects
between counties to enhance efficiency and expand program
opportunities in such areas as mental illness and chemical
dependency, downsizing of residential facilities for persons
with mental illness, and residential or supported living
arrangements for mothers with mental illness and their children;
(3) integrated program funding to permit flexibility in
expenditures based on local needs with local control;
(4) flexibility in the delivery of case management
services;
(5) waiver or removal of the rate cap and moratorium on
negotiated rate facilities;
(6) broader usage and additional services to be covered
under the medical assistance state plan rehabilitation option;
(7) prepaid managed health care programs; and
(8) commitment of persons under Minnesota Statutes, chapter
253B, to community facilities and programs.
(e) The integrated funding may include current mental
health expenditures, including maintenance costs, from the
following sources:
(1) general assistance medical care;
(2) general assistance;
(3) medical assistance;
(4) Minnesota supplemental aid;
(5) grants for residential services for adults with mental
illness;
(6) grants for community support services programs for
persons with serious and persistent mental illness; and
(7) mental health special project grants.
(f) The pilot project shall establish an opportunity to
expand educational opportunities in the area of community-based
psychiatry. The pilot project shall develop and may implement a
psychiatric residency program at the Dakota Mental Health
Center, Inc. The program may train at least one psychiatric
resident per year. The program may contract with a psychiatric
faculty member from a Minnesota medical school who will
supervise the resident and assist in the development of a strong
community-based psychiatric program.
(g) For purposes of the pilot project, for those persons
committed under Minnesota Statutes, chapter 253B, and awaiting
transfer to a regional treatment center, postcommitment costs of
care will be added to the cost of care as provided for in
Minnesota Statutes, sections 246.50, subdivision 5, and 246.54.
(h) An intergovernmental agreement or contract may be
developed between the county and state to specify the terms of
the pilot.
(i) Evaluation of the pilot project will be based on
outcome evaluation criteria negotiated with the county prior to
implementation of the pilot project.
(j) The pilot project shall be implemented after July 1,
1992.
(k) The pilot project shall be completed by July 1, 1997.
(l) A report on the pilot project must be completed by
January 1, 1998, and a report presented to the commissioner.
Subd. 2. [DUTIES OF THE COMMISSIONER.] For purposes of the
pilot project, the commissioner:
(1) shall combine all mental health program and funding
plans into one comprehensive plan unless otherwise required by
federal law. Any mental health expenditures from regional
treatment center appropriations or any share of expenditures
from mental health funding used for commitment to or treatment
in a regional treatment center shall not become part of any
comprehensive fund or plan;
(2) may waive administrative rule requirements for the
duration of the pilot project status;
(3) may exempt the participating county from fiscal
sanctions for noncompliance with social services requirements in
laws and rules; and
(4) shall recommend legislative changes in the biennial
state plan if the results of the pilot project indicate the need
for legislative change.
Sec. 40. [PILOT PROJECT FOR CRISIS SERVICES.]
The commissioner may authorize a pilot project to provide
community-based crisis services for persons with mental
retardation or related conditions who would otherwise be
admitted to or are at risk of being admitted to an acute care
hospital for psychological care. To make available the facility
capacity for the pilot project, the commissioner may authorize
relocation of and alternative services for up to 15 residents of
an existing intermediate care facility for persons with mental
retardation or related conditions. The medical assistance costs
of the alternative services must not exceed the medical
assistance costs of services, including day training and
habilitation services, for the residents at the intermediate
care facility who are relocated. The commissioner may adjust
the program operating costs rate of the facility under Minnesota
Rules, part 9553.0050, subpart 3, as necessary to implement the
pilot project. The project shall serve persons who are the
responsibility of Hennepin and Carver counties and other
counties as determined by the commissioner.
By January 15, 1994, the commissioner shall report to the
legislature on the cost effectiveness of the pilot project.
Sec. 41. [ALTERNATIVE SERVICES PILOT PROJECTS.]
Subdivision 1. [ELIGIBLE PERSON.] "Eligible person" means
a person with mental retardation or related conditions who is 65
years of age or older. An eligible person may be under 65 years
of age if authorized by the commissioner to receive alternative
services for health or medical reasons.
Subd. 2. [ALTERNATIVE SERVICES
AUTHORIZED.] Notwithstanding other law to the contrary, the
commissioner may develop pilot projects that provide
alternatives to day training and habilitation services for
persons with mental retardation or related conditions who are 65
years of age or older. Before implementing the pilot projects,
the commissioner shall consult with the board on aging;
providers of day training and habilitation programs, residential
programs, state-operated community-based programs, and other
alternative services for persons with mental retardation or
related conditions; and other interested persons including
parents, advocates, and persons who may be considered for
alternative services. The commissioner shall select as pilot
project vendors only current providers of day training and
habilitation programs, residential programs, state-operated
community-based programs, or other alternative programs.
Subd. 3. [ALTERNATIVE SERVICES PARTICIPATION.] No more
than 30 persons may receive alternative services under the pilot
projects, and participants must be selected as follows: no more
than seven persons from day training and habilitation programs;
no more than seven persons from state-operated community-based
programs; no more than seven persons from residential programs;
and no more than nine persons from other community-integrated
programs. Alternative services may be provided by a person's
residential program provider only after other alternative
services have been considered and determined not to meet the
person's needs.
Subd. 4. [ADVISORY COMMITTEE.] The commissioner shall
convene an advisory committee consisting of persons concerned
with and affected by the alternative services pilot projects and
the effect of the projects on existing services to evaluate the
alternative services pilot projects. The commissioner shall
report the advisory committee's evaluation to the legislature by
February 1, 1994.
Subd. 5. [RIGHTS AND PROTECTIONS.] (a) The commissioner
shall notify eligible persons or their legal representatives, in
writing, when alternative services pilot projects have been
authorized in the county. Eligible persons or their legal
representatives may choose to participate in the alternative
services pilot project that best serves the person's individual
needs.
(b) Persons participating in alternative services must
continue to receive active treatment as provided in a person's
individual service plan to ensure compliance with applicable
federal regulations.
(c) The county must inform persons participating in
alternative services when any part of Minnesota Rules is
waived. No rights or procedural protections under sections
256.045, subdivision 4a, or 256B.092, may be waived.
Subd. 6. [PAYMENT FOR ALTERNATIVE SERVICES.] (a) Payment
for alternative services shall be made to approved vendors under
the conditions of existing contracts with the host county,
except for intermediate care facilities for persons with mental
retardation or a related condition reimbursed through Minnesota
Rules, parts 9553.0010 to 9553.0080. When alternative services
under this section are provided by an intermediate care facility
for persons with mental retardation or related conditions, the
following reimbursement and reporting procedures will be applied.
(b) Effective upon date of enactment, the commissioner
shall, for a facility determined to be eligible under this
section, negotiate an adjustment to the payment rate. The
negotiated adjustment must reflect only the actual programmatic
costs of meeting the alternative day training and habilitation
needs of persons participating in service alternatives under
this section. Additional programmatic costs must not include
administrative and property-related costs. The additional
programmatic costs shall be limited to:
(1) program salaries, payroll taxes, and fringe benefits of
facility employees providing direct care services;
(2) costs of program consultants providing direct care
services;
(3) training costs of facility employees providing direct
care services;
(4) costs of program supplies; and
(5) additional operating costs related to transporting
persons to community activities which have not been included in
the facility's payment rate.
The additional programmatic costs must be reported on the
facility's annual cost report in the program operating cost
category. A facility receiving a negotiated adjustment to its
payment rate must agree to report these payments on an accrual
basis as an applicable credit in the program operating cost
category on its annual cost report for each reporting year in
which a negotiated adjustment is in effect. The maximum amount
of the negotiated adjustment shall not exceed the cost of the
day training and habilitation service provided to a person just
prior to entering alternative services.
(c) The negotiated per diem adjustment to the facility's
payment rate shall be equal to the sum of the negotiated
programmatic costs divided by the facility's resident days for
the reporting year used to establish the payment rate being
adjusted. The adjusted payment rate shall be effective the
first day of the month following the month when a person ceases
receiving day training and habilitation services. The
negotiated per diem adjustment may be subject to renegotiation
on October 1 of each subsequent rate year. The negotiated per
diem adjustment shall terminate upon discharge of the person
from the facility, or at such time when the person is determined
by the commissioner to no longer require service alternatives.
(d) Upon statewide implementation of a residential
client-based reimbursement system for ICF/MR facilities, parts
or all of this subdivision shall be subject to amendment, if no
longer applicable, as determined by the commissioner.
Sec. 42. [SOCIAL SERVICE PILOT PROJECT; INTERGOVERNMENTAL
AGREEMENTS.]
Subdivision 1. [PILOT PROJECTS.] The commissioner of human
services may approve up to six counties to participate in a
pilot project to demonstrate the use of intergovernmental
contracts between the state and counties to fund, administer,
and regulate the delivery of programs under Minnesota Statutes,
sections 245.461 to 245.4861 and 245.487 to 245.4887, and
Minnesota Statutes, chapter 256E. The commissioner shall
consider statewide distribution and county population in
selecting counties for the pilot project. Counties may also
develop integrated plans for any social service and community
health programs which shall be accepted by the commissioners of
health and human services in lieu of plans required in statute
or rule. Two or more counties may submit joint proposals under
the pilot project. The pilot projects shall expire after June
30, 1997.
Subd. 2. [PURPOSE OF PILOT PROJECTS.] Purposes of the
social service contract pilot projects include:
(a) Improving the quality of social services provided to
persons by county human service agencies.
(b) Eliminating administrative mandates and procedural
requirements governing delivery of social services.
(c) Consolidating program funds to permit county
flexibility in the use of program funds.
(d) Encouraging intercounty and regional cooperation and
coordination.
(e) Simplifying and consolidating planning and reporting
requirements.
(f) Determining feasibility of using outcome-based
performance standards to regulate the delivery of social
services by counties.
(g) Clarifying the role of counties and state in the
delivery of social services programs.
Subd. 3. [TERMS; CONDITIONS OF INTERGOVERNMENTAL
AGREEMENTS.] Counties participating in the pilot projects shall
be exempt from the procedural requirements in state law except
as required in federal law. Counties providing services under
the pilot project shall continue mandated services. Program
funds may be consolidated to permit the greatest flexibility in
the delivery of services. Each intergovernmental agreement
shall specify a limited and reasonable number of measurable
objectives based on the county's community social services plan
which will be used by the state to determine compliance.
Counties participating in pilot projects will be required to
provide mandated services to all eligible persons but will have
flexibility in the delivery of services and use of funds. The
county shall review pilot projects proposed under subdivisions 1
to 5 with all county social services and mental health advisory
committees and councils.
Subd. 4. [MONITORING AND ENFORCEMENT.] The commissioner of
human services shall monitor the pilot projects to determine
compliance with the terms of the intergovernmental contracts and
to assure that social services are delivered according to the
county community social services act plan. The commissioner may
rescind approval for the pilot project if the county fails to
comply with the terms of the intergovernmental contract. If
approval is withdrawn, the county will immediately be subject to
all the requirements of the administrative rules governing
programs covered under the intergovernmental contract.
Subd. 5. [DISPUTE RESOLUTION.] Nothing in this section
shall alter the due process rights available to persons under
state and federal law. Disputes which arise between the state
and county in the development of contracts authorized in this
section shall be resolved through mediation. The state and
county shall select a mediator acceptable to both parties for
the purpose of resolving disputes.
Sec. 43. [STUDY OF RESTRICTIONS ON RIGHT TO PROVIDE
LICENSED DAY CARE.]
The commissioner of human services shall submit a report to
the legislature by December 1, 1992, on the feasibility and
desirability of prohibiting deeds; covenants; housing,
condominium, or townhouse association bylaws, declarations, or
rules; leases, rental agreements, or rules for manufactured home
park lots or other rental property; or other conveyance
instruments from including restrictions on use of residential
property that would prevent a person from providing family or
group family day care services for which the person is licensed
under Minnesota Rules, parts 9502.0300 to 9502.0445. In
completing the report, the commissioner shall consider the need
for exceptions for:
(1) owner-occupied rental property with no more than two
units, including the owner-occupied unit; and
(2) housing for older persons, as defined in United States
Code, title 42, section 3607(b), as amended through December 31,
1991.
Sec. 44. [REPEALER.]
Minnesota Statutes 1990, sections 245A.14, subdivision 5;
245A.17; and Minnesota Statutes 1991 Supplement, section 252.46,
subdivision 15, are repealed.
Minnesota Rules, part 9503.0170, subpart 6, item D, is
repealed.
Presented to the governor April 17, 1992
Signed by the governor April 29, 1992, 11:12 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes