Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 529-S.F.No. 1930 
                  An act relating to human services; interstate 
                  contracts for mental health services; mental health 
                  grants; rules concerning psychopathic personalities; 
                  treatment for alcohol, drug abuse, and chemical 
                  dependency; stepparent income standards under aid to 
                  families with dependent children; child support 
                  incentives; medical assistance for needy persons; 
                  state and county social service plans; organ and 
                  tissue transplants; family preservation; 
                  commissioner's reports; group residential housing 
                  payments and agreements; and paternity proceedings; 
                  amending Minnesota Statutes 1992, sections 245.696, 
                  subdivision 2; 254A.02, subdivision 11; 254B.04, 
                  subdivision 1; 254B.05, subdivision 1; 256.74, 
                  subdivision 1a; 256B.69, subdivision 4; 256E.04; 
                  256E.09, subdivision 3; 256H.24; and 257.60; Minnesota 
                  Statutes 1993 Supplement, sections 245.50, subdivision 
                  5; 246B.04; 256.979, subdivision 8; 256B.0629, 
                  subdivisions 3 and 4; 256F.11, subdivision 3; and 
                  256I.04, subdivisions 1a and 2a; repealing Minnesota 
                  Statutes 1992, section 254A.16, subdivisions 3 and 4; 
                  Laws 1993, chapter 337, section 16. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1993 Supplement, section 
        245.50, subdivision 5, is amended to read: 
           Subd. 5.  [SPECIAL CONTRACTS; WISCONSIN.] The commissioner 
        of the Minnesota department of human services must enter into 
        negotiations with appropriate personnel at the Wisconsin 
        department of health and social services and must develop an 
        agreement that conforms to the requirements of subdivision 4, to 
        enable the placement in Minnesota of patients who are on 
        emergency holds or who have been involuntarily committed as 
        mentally ill or chemically dependent in Wisconsin and to enable 
        the temporary placement in Wisconsin of patients who are on 
        emergency holds in Minnesota under section 253B.05, provided 
        that the Minnesota courts retain jurisdiction over Minnesota 
        patients, and the state of Wisconsin affords to Minnesota 
        patients the rights under Minnesota law.  Persons committed by 
        the Wisconsin courts and placed in Minnesota facilities shall 
        continue to be in the legal custody of Wisconsin and Wisconsin's 
        laws governing length of commitment, reexaminations, and 
        extension of commitment shall continue to apply to these 
        residents.  In all other respects, Wisconsin residents placed in 
        Minnesota facilities are subject to Minnesota laws.  The 
        agreement must specify that responsibility for payment for the 
        cost of care of Wisconsin residents shall remain with the state 
        of Wisconsin and the cost of care of Minnesota residents shall 
        remain with the state of Minnesota.  The commissioner shall be 
        assisted by attorneys from the Minnesota attorney general's 
        office in negotiating and finalizing this agreement.  The 
        agreement shall be completed so as to permit placement of 
        Wisconsin residents in Minnesota facilities and Minnesota 
        residents in Wisconsin facilities beginning July 1, 1994. 
           Sec. 2.  Minnesota Statutes 1992, section 245.696, 
        subdivision 2, is amended to read: 
           Subd. 2.  [SPECIFIC DUTIES.] In addition to the powers and 
        duties already conferred by law, the commissioner of human 
        services shall:  
           (1) review and evaluate local programs and the performance 
        of administrative and mental health personnel and make 
        recommendations to county boards and program administrators; 
           (2) provide consultative staff service to communities and 
        advocacy groups to assist in ascertaining local needs and in 
        planning and establishing community mental health programs; 
           (3) employ qualified personnel to implement this chapter; 
           (4) adopt rules for minimum standards in community mental 
        health services as directed by the legislature; 
           (5) cooperate with the commissioners of health and jobs and 
        training to coordinate services and programs for people with 
        mental illness; 
           (6) evaluate the needs of people with mental illness as 
        they relate to assistance payments, medical benefits, nursing 
        home care, and other state and federally funded services; 
           (7) provide data and other information, as requested, to 
        the advisory council on mental health; 
           (8) develop and maintain a data collection system to 
        provide information on the prevalence of mental illness, the 
        need for specific mental health services and other services 
        needed by people with mental illness, funding sources for those 
        services, and the extent to which state and local areas are 
        meeting the need for services; 
           (9) apply for grants and develop pilot programs to test and 
        demonstrate new methods of assessing mental health needs and 
        delivering mental health services; 
           (10) study alternative reimbursement systems and make 
        waiver requests that are deemed necessary by the commissioner; 
           (11) provide technical assistance to county boards to 
        improve fiscal management and accountability and quality of 
        mental health services, and consult regularly with county 
        boards, public and private mental health agencies, and client 
        advocacy organizations for purposes of implementing this 
        chapter; 
           (12) promote coordination between the mental health system 
        and other human service systems in the planning, funding, and 
        delivery of services; entering into cooperative agreements with 
        other state and local agencies for that purpose as deemed 
        necessary by the commissioner; 
           (13) conduct research regarding the relative effectiveness 
        of mental health treatment methods as the commissioner deems 
        appropriate, and for this purpose, enter treatment facilities, 
        observe clients, and review records in a manner consistent with 
        the Minnesota government data practices act, chapter 13; and 
           (14) enter into contracts and promulgate rules the 
        commissioner deems necessary to carry out the purposes of this 
        chapter; and 
           (15) administer county mental health grants on a calendar 
        year basis, unless that procedure hinders the achievement of the 
        purposes of a particular grant.  
           Sec. 3.  Minnesota Statutes 1993 Supplement, section 
        246B.04, is amended to read: 
           246B.04 [RULES; EVALUATION.] 
           The commissioner of human services shall adopt rules to 
        govern the operation, maintenance, and licensure of the program 
        established at the Minnesota Psychopathic Personality Treatment 
        Center, or at any other facility operated by the commissioner, 
        for persons committed as a psychopathic personality.  The 
        commissioner shall establish an evaluation process to measure 
        outcomes and behavioral changes as a result of treatment 
        compared with incarceration without treatment, to determine the 
        value, if any, of treatment in protecting the public. 
           Sec. 4.  Minnesota Statutes 1992, section 254A.02, 
        subdivision 11, is amended to read: 
           Subd. 11.  "American Indian" means a person of one quarter 
        or more Indian blood who is a member of an Indian tribe.  The 
        commissioner shall use the definitions of "Indian" and "Indian 
        tribe" and "Indian organization" provided in United States Code, 
        title 25, section 450(b), as amended through December 31, 1992. 
           Sec. 5.  Minnesota Statutes 1992, 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, and 256B.057, subdivisions 1, 2, 5, and 
        6, 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. 6.  Minnesota Statutes 1992, section 254B.05, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LICENSURE REQUIRED.] Programs licensed by 
        the commissioner are eligible vendors.  Hospitals may apply for 
        and receive licenses to be eligible vendors, notwithstanding the 
        provisions of section 245A.03.  American Indian programs located 
        on federally recognized tribal lands that provide chemical 
        dependency primary treatment, extended care, transitional 
        residence, or outpatient treatment services, and are licensed by 
        tribal government are eligible vendors.  Detoxification programs 
        are not eligible vendors.  Programs that are not licensed as a 
        chemical dependency residential or nonresidential treatment 
        program by the commissioner or by tribal government are not 
        eligible vendors.  To be eligible for payment under the 
        Consolidated Chemical Dependency Treatment Fund, a vendor must 
        participate in the Drug and Alcohol Abuse Normative Evaluation 
        System or a comparable system approved by the commissioner.  
           Sec. 7.  Minnesota Statutes 1992, section 256.74, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [STEPPARENT'S INCOME.] In determining income 
        available, the county agency shall take into account the 
        remaining income of the dependent child's stepparent who lives 
        in the same household after disregarding: 
           (1) the first $75 $90 of the stepparent's gross earned 
        income; 
           (2) an amount for support of the stepparent and any other 
        individuals whom the stepparent claims as dependents for 
        determining federal personal income tax liability and who live 
        in the same household but whose needs are not considered in 
        determining eligibility for assistance under sections 256.72 to 
        256.87.  The amount equals the standard of need for a family of 
        the same composition as the stepparent and these other 
        individuals; 
           (3) amounts the stepparent actually paid to individuals not 
        living in the same household but whom the stepparent claims as 
        dependents for determining federal personal income tax 
        liability; and 
           (4) alimony or child support, or both, paid by the 
        stepparent for individuals not living in the same household.  
           Sec. 8.  Minnesota Statutes 1993 Supplement, section 
        256.979, subdivision 8, is amended to read: 
           Subd. 8.  [MEDICAL PROVIDER REIMBURSEMENT.] (a) A fee to 
        the providers of medical services is created for the purpose of 
        increasing the numbers of signed and notarized recognition of 
        parentage forms completed in the medical setting. 
           (b) A fee of $25 shall be paid to each medical provider for 
        each properly completed recognition of parentage form sent to 
        the department of vital statistics. 
           (c) The office of vital statistics shall make the bonus 
        payment of $25 to each medical provider and notify the 
        department of human services quarterly of the numbers of 
        completed forms received and the amounts paid. 
           (d) The department of human services shall remit quarterly 
        to the office of vital statistics the sums paid to each medical 
        provider a payment for the number of signed recognition of 
        parentage forms completed by that medical provider and sent to 
        the office of vital statistics. 
           (e) The commissioners of the department of human services 
        and the department of health shall develop procedures for the 
        implementation of this provision. 
           (f) Payments will be made to the medical provider within 
        the limit of available appropriations. 
           Sec. 9.  Minnesota Statutes 1993 Supplement, section 
        256B.0629, subdivision 3, is amended to read: 
           Subd. 3.  [ANNUAL REPORT.] The advisory committee shall 
        present an annual report to the commissioner and the chairs of 
        the health and housing human services finance division of the 
        house health and human services committee and the health care 
        and family services finance division of the senate family 
        services and health care committees by January 1 of each year on 
        the findings and recommendations of the committee. 
           Sec. 10.  Minnesota Statutes 1993 Supplement, section 
        256B.0629, subdivision 4, is amended to read: 
           Subd. 4.  [RESPONSIBILITIES OF THE COMMISSIONER.] (a) The 
        commissioner shall periodically: 
           (1) Recommend to the legislature Determine criteria 
        governing the eligibility of organ and tissue transplant 
        procedures for reimbursement from medical assistance and general 
        assistance medical care.  Procedures approved by Medicare are 
        automatically eligible for medical assistance and general 
        assistance medical care reimbursement.  Additional procedures 
        are eligible for reimbursement only if they are recommended 
        by both the task force and, approved by the commissioner, and 
        published in the State Register.  
           (2) Recommend to the legislature Determine criteria for 
        certifying transplant centers within and outside of Minnesota 
        where Minnesotans receiving medical assistance and general 
        assistance medical care may obtain transplants.  Additional 
        centers may be certified only upon approval of the legislature.  
        Only centers recommended by the task force and approved by the 
        commissioner may be considered certified by the legislature 
        commissioner. 
           Sec. 11.  Minnesota Statutes 1992, section 256B.69, 
        subdivision 4, is amended to read: 
           Subd. 4.  [LIMITATION OF CHOICE.] The commissioner shall 
        develop criteria to determine when limitation of choice may be 
        implemented in the experimental counties.  The criteria shall 
        ensure that all eligible individuals in the county have 
        continuing access to the full range of medical assistance 
        services as specified in subdivision 6.  The commissioner shall 
        exempt the following persons from participation in the project, 
        in addition to those who do not meet the criteria for limitation 
        of choice:  (1) persons eligible for medical assistance 
        according to section 256B.055, subdivision 1, or and children 
        under age 21 who are in foster placement; (2) persons eligible 
        for medical assistance due to blindness or disability as 
        determined by the social security administration or the state 
        medical review team, unless they are 65 years of age or older; 
        (3) recipients who currently have private coverage through a 
        health maintenance organization; and (4) recipients who are 
        eligible for medical assistance by spending down excess income 
        for medical expenses other than the nursing facility per diem 
        expense.  Before limitation of choice is implemented, eligible 
        individuals shall be notified and after notification, shall be 
        allowed to choose only among demonstration providers.  After 
        initially choosing a provider, the recipient is allowed to 
        change that choice only at specified times as allowed by the 
        commissioner.  If a demonstration provider ends participation in 
        the project for any reason, a recipient enrolled with that 
        provider must select a new provider but may change providers 
        without cause once more within the first 60 days after 
        enrollment with the second provider. 
           Sec. 12.  Minnesota Statutes 1992, section 256E.04, is 
        amended to read: 
           256E.04 [BIENNIAL STATE PLAN.] 
           Subdivision 1.  The commissioner shall prepare a biennial 
        social services plan and present the plan to the governor and 
        the legislature.  The commissioner shall update the plan 
        biennially.  The plan shall include: 
           (a) A statement of methods used to ensure intergovernmental 
        coordination of state and local planning and delivery of 
        community social services a description of state social service 
        programs and priorities; 
           (b) A coordination statement setting forth the relationship 
        of the state social services plan to any other federal, state or 
        locally financed human services programs, including but not 
        limited to, programs for the aged, children, the developmentally 
        disabled, the chemically dependent, and programs related to 
        corrections, education, vocational rehabilitation, mental 
        health, housing, health, and employment; 
           (c) A summary and analysis an overview of all county 
        biennial community social services plans; 
           (d) (c) identification of social services program 
        requirements which counties have identified as unnecessarily 
        administratively burdensome; 
           (e) (d) identification of social services program 
        requirements for which inadequate state and local funding is 
        available; and 
           (f) (e) identification of unmet needs reported by the 
        county agencies. 
           The commissioner shall consult with the heads of human 
        service related state departments and agencies in preparing the 
        coordination statement required by this subdivision. 
           Subd. 2.  Copies of the proposed state plan shall be made 
        reasonably available to the public allowing sufficient time for 
        public review and comment.  Copies of the updated state social 
        services plan shall be submitted to the governor and the 
        legislature prior to the beginning of each biennium on July 1, 
        after approval of county social service plans and any amendments 
        to those plans, and shall be made available to the public.  
           Sec. 13.  Minnesota Statutes 1992, section 256E.09, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PLAN CONTENT.] The biennial community social 
        services plan shall include: 
           (1) a description of the planning process, including 
        methods used to assess needs and obtain citizen input; 
           (2) county outcome goals and specific objectives intended 
        outcomes and outcome indicators for each program area; 
           (3) a description of resources allocated within the county 
        to support each program and service; 
           (4) a description of the services to be provided; 
           (5) an analysis of the adequacy of resources available to 
        support the community social services plan including estimates 
        of unmet needs; 
           (6) a description of how the service system will be 
        coordinated within each program area; and 
           (7) a statement signed by the county board or its designee 
        that the county is in compliance with specified Minnesota 
        Statutes. 
           Sec. 14.  Minnesota Statutes 1993 Supplement, section 
        256F.11, subdivision 3, is amended to read: 
           Subd. 3.  [EVALUATIONS.] Beginning January 1, 1995, the 
        commissioner of human services shall submit an annual report to 
        the legislature evaluating the program.  The report must include 
        information concerning program costs, the number of program 
        participants, the program's impact on family stability, the 
        incidence of abuse and neglect, and all other relevant 
        information determined by the commissioner.  
           Sec. 15.  Minnesota Statutes 1992, section 256H.24, is 
        amended to read: 
           256H.24 [DUTIES OF COMMISSIONER.] 
           In addition to the powers and duties already conferred by 
        law, the commissioner of human services shall: 
           (1) by September 1, 1990 1998, and by September 1 of each 
        subsequent even-numbered year every five years thereafter, 
        survey and report on all components of the child care system, 
        including, but not limited to, availability of licensed child 
        care slots, the number of children in various kinds of child 
        care settings, staff wages, rate of staff turnover, 
        qualifications of child care workers, cost of child care by type 
        of service and ages of children, and child care availability 
        through school systems; 
           (2) by September 1, 1990 1998, and September 1 of each 
        subsequent even-numbered year every five years thereafter, 
        survey and report on the extent to which existing child care 
        services fulfill the need for child care, giving particular 
        attention to the need for part-time care and for care of 
        infants, sick children, children with special needs, low-income 
        children, toddlers, and school-age children; 
           (3) administer the child care fund, including the sliding 
        fee program authorized under sections 256H.01 to 256H.19; 
           (4) monitor the child care resource and referral programs 
        established under section 256H.20; and 
           (5) encourage child care providers to participate in a 
        nationally recognized accreditation system for early childhood 
        programs.  The commissioner shall reimburse licensed child care 
        providers for one-half of the direct cost of accreditation fees, 
        upon successful completion of accreditation. 
           Sec. 16.  Minnesota Statutes 1993 Supplement, section 
        256I.04, subdivision 1a, is amended to read: 
           Subd. 1a.  [COUNTY APPROVAL.] A county agency may not 
        approve a group residential housing payment for an individual in 
        any setting with a rate in excess of the MSA equivalent rate for 
        more than 30 days in a calendar year unless the county agency 
        has developed or approved a plan for the individual which 
        specifies that:  
           (1) the individual has an illness or incapacity which 
        prevents the person from living independently in the community; 
        and 
           (2) the individual's illness or incapacity requires the 
        services which are available in the group residence. 
           The plan must be signed or countersigned by any of the 
        following employees of the county of financial responsibility:  
        the director of human services or a designee of the director; a 
        social worker; or a case aide. 
           Sec. 17.  Minnesota Statutes 1993 Supplement, section 
        256I.04, subdivision 2a, is amended to read: 
           Subd. 2a.  [LICENSE REQUIRED.] A county agency may not 
        enter into an agreement with an establishment to provide group 
        residential housing unless:  
           (1) the establishment is licensed by the department of 
        health as a hotel and restaurant; a board and lodging 
        establishment; a residential care home; a boarding care home 
        before March 1, 1985; or a supervised living facility, and the 
        service provider for residents of the facility is licensed under 
        chapter 245A.  However, an establishment licensed by the 
        department of health to provide lodging need not also be 
        licensed to provide board if meals are being supplied to 
        residents under a contract with a food vendor who is licensed by 
        the department of health; or 
           (2) the residence is licensed by the commissioner of human 
        services under Minnesota Rules, parts 9555.5050 to 9555.6265, or 
        certified by a county human services agency prior to July 1, 
        1992, using the standards under Minnesota Rules, parts 9555.5050 
        to 9555.6265. 
           The requirements under clauses (1) and (2) do not apply to 
        establishments exempt from state licensure because they are 
        located on Indian reservations and subject to tribal health and 
        safety requirements. 
           Sec. 18.  Minnesota Statutes 1992, section 257.60, is 
        amended to read: 
           257.60 [PARTIES.] 
           The child may be made a party to the action.  If the child 
        is a minor and is made a party, a general guardian or a guardian 
        ad litem shall be appointed by the court to represent the 
        child.  The child's mother or father may not represent the child 
        as guardian or otherwise.  The biological mother, each man 
        presumed to be the father under section 257.55, and each man 
        alleged to be the biological father, shall be made parties or, 
        if not subject to the jurisdiction of the court, shall be given 
        notice of the action in a manner prescribed by the court and 
        shall be given an opportunity to be heard.  The public agency 
        responsible for support enforcement is joined as a party in each 
        case in which rights are assigned under section 256.74, 
        subdivision 5.  A person who may bring an action under section 
        257.57 may be made a party to the action.  The court may align 
        the parties.  The child shall be made a party whenever: 
           (1) the child is a minor and the case involves a compromise 
        under section 257.64, subdivision 1, or a lump sum payment under 
        section 257.66, subdivision 4, in which case the commissioner of 
        human services shall also be made a party subject to department 
        of human services rules relating to paternity suit settlements; 
        or 
           (2) the child is a minor and the action is to declare the 
        nonexistence of the father and child relationship; or 
           (3) an action to declare the existence of the father and 
        child relationship is brought by a man presumed to be the father 
        under section 257.55, or a man who alleges to be the father, and 
        the mother of the child denies the existence of the father and 
        child relationship. 
           Sec. 19.  [REPEALER.] 
           Minnesota Statutes 1992, section 254A.16, subdivisions 3 
        and 4, are repealed.  Laws 1993, chapter 337, section 16, is 
        repealed. 
           Sec. 20.  [EFFECTIVE DATE.] 
           Sections 1 to 6 and 8 to 19 are effective July 1, 1994.  
        Section 7 is retroactively effective from October 1, 1993. 
           Presented to the governor April 26, 1994 
           Signed by the governor April 28, 1994, 2:32 p.m.