Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 229-S.F.No. 512
An act relating to human services; licensing;
administrative hearings; vulnerable adults reporting
act; imposing criminal penalties; increasing licensing
fees for certain facilities; requiring reports of
convictions to the commissioner in certain instances;
requiring a report to the legislature; appropriating
money; amending Minnesota Statutes 1994, sections
13.46, subdivision 4; 13.82, subdivision 10, and by
adding subdivisions; 13.88; 13.99, subdivision 113;
144.4172, subdivision 8; 144.651, subdivisions 14 and
21; 144A.103, subdivision 1; 144B.13; 148B.68,
subdivision 1; 214.10, subdivision 2a; 245A.04,
subdivisions 3 and 3b; 253B.02, subdivision 4a;
256.045, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and by
adding a subdivision; 256E.03, subdivision 2;
256E.081, subdivision 4; 268.09, subdivision 1;
325F.692, subdivision 2; 525.703, subdivision 3;
609.224, subdivision 2; 609.268, subdivisions 1 and 2;
609.72, by adding a subdivision; 609.7495, subdivision
1; 626.556, subdivision 12; 626.557, subdivisions 1,
3, 3a, 4, 5, 6, 7, 8, 9, 10, 14, 16, 17, 18, and by
adding subdivisions; and 631.40, by adding a
subdivision; proposing coding for new law in Minnesota
Statutes, chapters 144; 609; and 626; repealing
Minnesota Statutes 1994, sections 144A.612; and
626.557, subdivisions 2, 10a, 11, 11a, 12, 13, 15, and
19.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
VULNERABLE ADULTS ACT AMENDMENTS
Section 1. Minnesota Statutes 1994, section 626.557,
subdivision 1, is amended to read:
Subdivision 1. [PUBLIC POLICY.] The legislature declares
that the public policy of this state is to protect adults who,
because of physical or mental disability or dependency on
institutional services, are particularly vulnerable to abuse or
neglect maltreatment; to assist in providing safe environments
for vulnerable adults; and to provide safe institutional or
residential services, community-based services, or living
environments for vulnerable adults who have been abused or
neglected; and to assist persons charged with the care of
vulnerable adults to provide safe environments maltreated.
In addition, it is the policy of this state to require the
reporting of suspected abuse or neglect maltreatment of
vulnerable adults, to provide for the voluntary reporting
of abuse or neglect maltreatment of vulnerable adults, to
require the investigation of the reports, and to provide
protective and counseling services in appropriate cases.
Sec. 2. Minnesota Statutes 1994, section 626.557,
subdivision 3, is amended to read:
Subd. 3. [PERSONS MANDATED TO TIMING OF REPORT.] A
professional or the professional's delegate who is engaged in
the care of vulnerable adults, education, social services, law
enforcement, or any of the regulated occupations referenced in
subdivision 2, clause (g)(3) and (4), or an employee of a
rehabilitation facility certified by the commissioner of
economic security for vocational rehabilitation, or an employee
of or person providing services in a facility who has knowledge
of the abuse or neglect of a vulnerable adult, has reasonable
cause to believe (a) A mandated reporter who has reason to
believe that a vulnerable adult is being or has been abused or
neglected maltreated, or who has knowledge that a vulnerable
adult has sustained a physical injury which is not reasonably
explained by the history of injuries provided by the caretaker
or caretakers of the vulnerable adult shall immediately report
the information to the local police department, county sheriff,
local welfare agency, or appropriate licensing or certifying
agency common entry point. If an individual is a vulnerable
adult solely because the individual is admitted to a facility, a
mandated reporter is not required to report suspected
maltreatment of the individual that occurred prior to admission,
unless:
(1) the individual was admitted to the facility from
another facility and the reporter has reason to believe the
vulnerable adult was maltreated in the previous facility; or
(2) the reporter knows or has reason to believe that the
individual is a vulnerable adult as defined in section 626.5572,
subdivision 21, clause (4). The police department or the county
sheriff, upon receiving a report, shall immediately notify the
local welfare agency. The local welfare agency, upon receiving
a report, shall immediately notify the local police department
or the county sheriff and the appropriate licensing agency or
agencies.
(b) A person not required to report under the provisions of
this subdivision section may voluntarily report as described
above. Medical examiners or coroners shall notify the police
department or county sheriff and the local welfare department in
instances in which they believe that a vulnerable adult has died
as a result of abuse or neglect.
(c) Nothing in this subdivision shall be construed to
require the reporting or transmittal of information regarding an
incident of abuse or neglect or suspected abuse or neglect if
the incident has been reported or transmitted to the appropriate
person or entity section requires a report of known or suspected
maltreatment, if the reporter knows or has reason to know that a
report has been made to the common entry point.
(d) Nothing in this section shall preclude a reporter from
also reporting to a law enforcement agency.
Sec. 3. Minnesota Statutes 1994, section 626.557,
subdivision 3a, is amended to read:
Subd. 3a. [REPORT NOT REQUIRED.] The following events are
not required to be reported under this section:
(a) A circumstance where federal law specifically prohibits
a person from disclosing patient identifying information in
connection with a report of suspected abuse or neglect under
Laws 1983, chapter 273, section 3 maltreatment, that person need
not make a required report unless the vulnerable adult, or the
vulnerable adult's guardian, conservator, or legal
representative, has consented to disclosure in a manner which
conforms to federal requirements. Facilities whose patients or
residents are covered by such a federal law shall seek consent
to the disclosure of suspected abuse or neglect maltreatment
from each patient or resident, or a guardian, conservator, or
legal representative, upon the patient's or resident's admission
to the facility. Persons who are prohibited by federal law from
reporting an incident of suspected abuse or neglect maltreatment
shall promptly immediately seek consent to make a report.
(b) Except as defined in subdivision 2, paragraph (d),
clause (1), Verbal or physical aggression occurring between
patients, residents, or clients of a facility, or self-abusive
behavior of by these persons does not constitute "abuse" for the
purposes of subdivision 3 abuse unless it the behavior causes
serious harm. The operator of the facility or a designee shall
record incidents of aggression and self-abusive behavior in a
manner that facilitates periodic to facilitate review by
licensing agencies and county and local welfare agencies.
(c) Accidents as defined in section 626.5572, subdivision 3.
(d) Events occurring in a facility that result from an
individual's single mistake, as defined in section 626.5572,
subdivision 17, paragraph (c), clause (4).
(e) Nothing in this section shall be construed to require a
report of abuse financial exploitation, as defined in section
626.5572, subdivision 2 9, paragraph (d), clause (4), solely on
the basis of the transfer of money or property by gift or as
compensation for services rendered.
Sec. 4. Minnesota Statutes 1994, section 626.557,
subdivision 4, is amended to read:
Subd. 4. [REPORT REPORTING.] A person required to report
under subdivision 3 mandated reporter shall immediately make an
oral report immediately by telephone or otherwise. A person
required to report under subdivision 3 shall also make a report
as soon as possible in writing to the appropriate police
department, the county sheriff, local welfare agency, or
appropriate licensing agency. The written report shall to the
common entry point. Use of a telecommunications device for the
deaf or other similar device shall be considered an oral
report. The common entry point may not require written
reports. To the extent possible, the report must be of
sufficient content to identify the vulnerable adult,
the caretaker caregiver, the nature and extent of the
suspected abuse or neglect maltreatment, any evidence of
previous abuse or neglect maltreatment, the name and address of
the reporter, the time, date, and location of the incident, and
any other information that the reporter believes might be
helpful in investigating the suspected abuse or neglect
maltreatment. Written reports received by a police department
or a county sheriff shall be forwarded immediately to the local
welfare agency. The police department or the county sheriff may
keep copies of reports received by them. Copies of written
reports received by a local welfare department shall be
forwarded immediately to the local police department or the
county sheriff and the appropriate licensing agency or
agencies. A mandated reporter may disclose not public data, as
defined in section 13.02, and medical records under section
144.335, to the extent necessary to comply with this subdivision.
Sec. 5. Minnesota Statutes 1994, section 626.557, is
amended by adding a subdivision to read:
Subd. 4a. [INTERNAL REPORTING OF MALTREATMENT.] (a) Each
facility shall establish and enforce an ongoing written
procedure in compliance with applicable licensing rules to
ensure that all cases of suspected maltreatment are reported.
If a facility has an internal reporting procedure, a mandated
reporter may meet the reporting requirements of this section by
reporting internally. However, the facility remains responsible
for complying with the immediate reporting requirements of this
section.
(b) A facility with an internal reporting procedure that
receives an internal report by a mandated reporter shall give
the mandated reporter a written notice stating whether the
facility has reported the incident to the common entry point.
The written notice must be provided within two working days and
in a manner that protects the confidentiality of the reporter.
(c) The written response to the mandated reporter shall
note that if the mandated reporter is not satisfied with the
action taken by the facility on whether to report the incident
to the common entry point, then the mandated reporter may report
externally.
(d) A facility may not prohibit a mandated reporter from
reporting externally, and a facility is prohibited from
retaliating against a mandated reporter who reports an incident
to the common entry point in good faith. The written notice by
the facility must inform the mandated reporter of this
protection from retaliatory measures by the facility against the
mandated reporter for reporting externally.
Sec. 6. Minnesota Statutes 1994, section 626.557,
subdivision 5, is amended to read:
Subd. 5. [IMMUNITY; FROM LIABILITY PROTECTION FOR
REPORTERS.] (a) A person making a voluntary or mandated report
under subdivision 3 or participating in an investigation under
this section is immune from any civil or criminal liability that
otherwise might result from the person's actions, if the person
is acting in good faith who makes a good faith report is immune
from any civil or criminal liability that might otherwise result
from making the report, or from participating in the
investigation, or for failure to comply fully with the reporting
obligation under section 609.234 or 626.557, subdivision 7.
(b) A person employed by a local welfare lead agency or a
state licensing agency who is conducting or supervising an
investigation or enforcing the law in compliance with
subdivision 10, 11, or 12 this section or any related rule or
provision of law is immune from any civil or criminal liability
that might otherwise result from the person's actions, if the
person is acting in good faith and exercising due care.
(c) A person who knows or has reason to know a report has
been made to a common entry point and who in good faith
participates in an investigation of alleged maltreatment is
immune from civil or criminal liability that otherwise might
result from making the report, or from failure to comply with
the reporting obligation or from participating in the
investigation.
(d) The identity of any reporter may not be disclosed,
except as provided in subdivision 12b.
Sec. 7. Minnesota Statutes 1994, section 626.557,
subdivision 6, is amended to read:
Subd. 6. [FALSIFIED REPORTS.] A person or facility who
intentionally makes a false report under the provisions of this
section shall be liable in a civil suit for any actual damages
suffered by the reported facility, person or persons so reported
and for any punitive damages set by the court or jury up to
$10,000 and attorney's fees.
Sec. 8. Minnesota Statutes 1994, section 626.557,
subdivision 7, is amended to read:
Subd. 7. [FAILURE TO REPORT.] (a) A person required to
report by this section who intentionally fails to report is
guilty of a misdemeanor.
(b) A person required by this section to report A mandated
reporter who negligently or intentionally fails to report is
liable for damages caused by the failure. Nothing in this
subdivision imposes vicarious liability for the acts or
omissions of others.
Sec. 9. Minnesota Statutes 1994, section 626.557,
subdivision 8, is amended to read:
Subd. 8. [EVIDENCE NOT PRIVILEGED.] No evidence regarding
the abuse or neglect maltreatment of the vulnerable adult shall
be excluded in any proceeding arising out of the alleged abuse
or neglect maltreatment on the grounds of lack of competency
under section 595.02.
Sec. 10. Minnesota Statutes 1994, section 626.557,
subdivision 9, is amended to read:
Subd. 9. [MANDATORY REPORTING TO A MEDICAL EXAMINER OR
CORONER THE COMMON ENTRY POINT.] A person required to report
under the provisions of subdivision 3 who has reasonable cause
to believe that a vulnerable adult has died as a direct or
indirect result of abuse or neglect shall report that
information to the appropriate medical examiner or coroner in
addition to the local welfare agency, police department, or
county sheriff or appropriate licensing agency or agencies. The
medical examiner or coroner shall complete an investigation as
soon as feasible and report the findings to the police
department or county sheriff, the local welfare agency, and, if
applicable, each licensing agency. A person or agency that
receives a report under this subdivision concerning a vulnerable
adult who was receiving services or treatment for mental
illness, mental retardation or a related condition, chemical
dependency, or emotional disturbance from an agency, facility,
or program as defined in section 245.91, shall also report the
information and findings to the ombudsman established under
sections 245.91 to 245.97.
(a) Each county board shall designate a common entry point
for reports of suspected maltreatment. Two or more county
boards may jointly designate a single common entry point.
The common entry point is the unit responsible for
receiving the report of suspected maltreatment under this
section.
(b) The common entry point must be available 24 hours per
day to take calls from reporters of suspected maltreatment.
The common entry point shall use a standard intake form
that includes:
(1) the time and date of the report;
(2) the name, address, and telephone number of the person
reporting;
(3) the time, date, and location of the incident;
(4) the names of the persons involved, including but not
limited to, perpetrators, alleged victims, and witnesses;
(5) whether there was a risk of imminent danger to the
alleged victim;
(6) a description of the suspected maltreatment;
(7) the disability, if any, of the alleged victim;
(8) the relationship of the alleged perpetrator to the
alleged victim;
(9) whether a facility was involved and, if so, which
agency licenses the facility;
(10) any action taken by the common entry point;
(11) whether law enforcement has been notified;
(12) whether the reporter wishes to receive notification of
the initial and final reports; and
(13) if the report is from a facility with an internal
reporting procedure, the name, mailing address, and telephone
number of the person who initiated the report internally.
(c) The common entry point is not required to complete each
item on the form prior to dispatching the report to the
appropriate investigative agency.
(d) The common entry point shall immediately report to a
law enforcement agency any incident in which there is reason to
believe a crime has been committed.
(e) If a report is initially made to a law enforcement
agency or a lead agency, those agencies shall take the report on
the appropriate common entry point intake forms and immediately
forward a copy to the common entry point.
(f) The common entry point staff must receive training on
how to screen and dispatch reports efficiently and in accordance
with this section.
(g) When a centralized database is available, the common
entry point has access to the centralized database and must log
the reports in on the database.
Sec. 11. Minnesota Statutes 1994, section 626.557, is
amended by adding a subdivision to read:
Subd. 9a. [EVALUATION AND REFERRAL OF REPORTS MADE TO THE
COMMON ENTRY POINT.] The common entry point must screen the
reports of alleged or suspected maltreatment for immediate risk
and make all necessary referrals as follows:
(1) if the common entry point determines that there is an
immediate need for adult protective services, the common entry
point agency shall immediately notify the appropriate county
agency;
(2) if the report contains suspected criminal activity
against a vulnerable adult, the common entry point shall
immediately notify the appropriate law enforcement agency;
(3) if the report references alleged or suspected
maltreatment and there is no immediate need for adult protective
services, the common entry point shall notify the appropriate
lead agency as soon as possible, but in any event no longer than
two working days;
(4) if the report does not reference alleged or suspected
maltreatment, the common entry point may determine whether the
information will be referred; and
(5) if the report contains information about a suspicious
death, the common entry point shall immediately notify the
appropriate law enforcement agencies and the ombudsman
established under section 245.92. Law enforcement agencies
shall coordinate with the local medical examiner and the
ombudsman as provided by law.
Sec. 12. Minnesota Statutes 1994, section 626.557, is
amended by adding a subdivision to read:
Subd. 9b. [RESPONSE TO REPORTS.] Law enforcement is the
primary agency to conduct investigations of any incident in
which there is reason to believe a crime has been committed.
Law enforcement shall initiate a response immediately. If the
common entry point notified a county agency for adult protective
services, law enforcement shall cooperate with that county
agency when both agencies are involved and shall exchange data
to the extent authorized in subdivision 12b, paragraph (g).
County adult protection shall initiate a response immediately.
Each lead agency shall complete the investigative process for
reports within its jurisdiction. Any other lead agency, county,
adult protective agency, licensed facility, or law enforcement
agency shall cooperate and may assist another agency upon
request within the limits of its resources and expertise and
shall exchange data to the extent authorized in subdivision 12b,
paragraph (g). The lead agency shall obtain the results of any
investigation conducted by law enforcement officials. The lead
agency has the right to enter facilities and inspect and copy
records as part of investigations. The lead agency has access
to not public data, as defined in section 13.02, and medical
records under section 144.335, that are maintained by facilities
to the extent necessary to conduct its investigation. Each lead
agency shall develop guidelines for prioritizing reports for
investigation.
Sec. 13. Minnesota Statutes 1994, section 626.557, is
amended by adding a subdivision to read:
Subd. 9c. [LEAD AGENCY; NOTIFICATIONS, DISPOSITIONS, AND
DETERMINATIONS.] (a) Upon request of the reporter, the lead
agency shall notify the reporter that it has received the
report, and provide information on the initial disposition of
the report within five business days of receipt of the report,
provided that the notification will not endanger the vulnerable
adult or hamper the investigation.
(b) Upon conclusion of every investigation it conducts, the
lead agency shall make a final disposition as defined in section
626.5572, subdivision 8.
(c) When determining whether the facility or individual is
the responsible party for substantiated maltreatment, the lead
agency shall consider at least the following mitigating factors:
(1) whether the actions of the facility or the individual
caregivers were in accordance with, and followed the terms of,
an erroneous physician order, prescription, resident care plan,
or directive. This is not a mitigating factor when the facility
or caregiver is responsible for the issuance of the erroneous
order, prescription, plan, or directive or knows or should have
known of the errors and took no reasonable measures to correct
the defect before administering care;
(2) the comparative responsibility between the facility,
other caregivers, and requirements placed upon the employee,
including but not limited to, the facility's compliance with
related regulatory standards and factors such as the adequacy of
facility policies and procedures, the adequacy of facility
training, the adequacy of an individual's participation in the
training, the adequacy of caregiver supervision, the adequacy of
facility staffing levels, and a consideration of the scope of
the individual employee's authority; and
(3) whether the facility or individual followed
professional standards in exercising professional judgment.
(d) The lead agency shall complete its final disposition
within 60 calendar days. If the lead agency is unable to
complete its final disposition within 60 calendar days, the lead
agency shall notify the following persons provided that the
notification will not endanger the vulnerable adult or hamper
the investigation: (1) the vulnerable adult or the vulnerable
adult's legal guardian, when known, if the lead agency knows
them to be aware of the investigation and (2) the facility,
where applicable. The notice shall contain the reason for the
delay and the projected completion date. If the lead agency is
unable to complete its final disposition by a subsequent
projected completion date, the lead agency shall again notify
the vulnerable adult or the vulnerable adult's legal guardian,
when known if the lead agency knows them to be aware of the
investigation, and the facility, where applicable, of the reason
for the delay and the revised projected completion date provided
that the notification will not endanger the vulnerable adult or
hamper the investigation. A lead agency's inability to complete
the final disposition within 60 calendar days or by any
projected completion date does not invalidate the final
disposition.
(e) Within ten calendar days of completing the final
disposition, the lead agency shall provide a copy of the public
investigation memorandum under subdivision 12b, paragraph (b),
clause (1), when required to be completed under this section, to
the following persons: (1) the vulnerable adult, or the
vulnerable adult's legal guardian, if known unless the lead
agency knows that the notification would endanger the well-being
of the vulnerable adult; (2) the reporter, if the reporter
requested notification when making the report, provided this
notification would not endanger the well-being of the vulnerable
adult; (3) the alleged perpetrator, if known; (4) the facility;
and (5) the ombudsman for older Minnesotans, or the ombudsman
for mental health and mental retardation, as appropriate.
(f) The lead agency shall notify the vulnerable adult who
is the subject of the report or the vulnerable adult's legal
guardian, if known, and any person or facility determined to
have maltreated a vulnerable adult, of their appeal rights under
this section.
(g) The lead agency shall routinely provide investigation
memoranda for substantiated reports to the appropriate licensing
boards. These reports must include the names of substantiated
perpetrators. The lead agency may not provide investigative
memoranda for inconclusive or false reports to the appropriate
licensing boards unless the lead agency's investigation gives
reason to believe that there may have been a violation of the
applicable professional practice laws. If the investigation
memorandum is provided to a licensing board, the subject of the
investigation memorandum shall be notified and receive a summary
of the investigative findings.
(h) In order to avoid duplication, licensing boards shall
consider the findings of the lead agency in their investigations
if they choose to investigate. This does not preclude licensing
boards from considering other information.
(i) The lead agency must provide to the commissioner of
human services its final dispositions, including the names of
all substantiated perpetrators. The commissioner of human
services shall establish records to retain the names of
substantiated perpetrators.
Sec. 14. Minnesota Statutes 1994, section 626.557, is
amended by adding a subdivision to read:
Subd. 9d. [ADMINISTRATIVE RECONSIDERATION OF THE FINAL
DISPOSITION.] Any individual or facility which a lead agency
determines has maltreated a vulnerable adult, or the vulnerable
adult or vulnerable adult's designee, regardless of the lead
agency's determination, who contests the lead agency's final
disposition of an allegation of maltreatment, may request the
lead agency to reconsider its final disposition. The request
for reconsideration must be submitted in writing to the lead
agency within 15 calendar days after receipt of notice of final
disposition.
If the lead agency denies the request or fails to act upon
the request within 15 calendar days after receiving the request
for reconsideration, the person or facility entitled to a fair
hearing under section 256.045, may submit to the commissioner of
human services a written request for a hearing under that
statute.
If, as a result of the reconsideration, the lead agency
changes the final disposition, it shall notify the parties
specified in subdivision 9c, paragraph (d).
Sec. 15. Minnesota Statutes 1994, section 626.557, is
amended by adding a subdivision to read:
Subd. 9e. [EDUCATION REQUIREMENTS.] (a) The commissioners
of health, human services, and public safety shall cooperate in
the development of a joint program for education of lead agency
investigators in the appropriate techniques for investigation of
complaints of maltreatment. This program must be developed by
July 1, 1996. The program must include but need not be limited
to the following areas: (1) information collection and
preservation; (2) analysis of facts; (3) levels of evidence; (4)
conclusions based on evidence; (5) interviewing skills,
including specialized training to interview people with unique
needs; (6) report writing; (7) coordination and referral to
other necessary agencies such as law enforcement and judicial
agencies; (8) human relations and cultural diversity; (9) the
dynamics of adult abuse and neglect within family systems and
the appropriate methods for interviewing relatives in the course
of the assessment or investigation; (10) the protective social
services that are available to protect alleged victims from
further abuse, neglect, or financial exploitation; (11) the
methods by which lead agency investigators and law enforcement
workers cooperate in conducting assessments and investigations
in order to avoid duplication of efforts; and (12) data
practices laws and procedures, including provisions for sharing
data.
(b) The commissioners of health, human services, and public
safety shall offer at least annual education to others on the
requirements of this section, on how this section is
implemented, and investigation techniques.
(c) The commissioner of human services, in coordination
with the commissioner of public safety shall provide training
for the common entry point staff as required in this subdivision
and the program courses described in this subdivision, at least
four times per year. At a minimum, the training shall be held
twice annually in the seven-county metropolitan area and twice
annually outside the seven-county metropolitan area. The
commissioners shall give priority in the program areas cited in
paragraph (a) to persons currently performing assessments and
investigations pursuant to this section.
(d) The commissioner of public safety shall notify in
writing law enforcement personnel of any new requirements under
this section. The commissioner of public safety shall conduct
regional training for law enforcement personnel regarding their
responsibility under this section.
(e) Each lead agency investigator must complete the
education program specified by this subdivision within the first
12 months of work as a lead agency investigator.
A lead agency investigator employed when these requirements
take effect must complete the program within the first year
after training is available or as soon as training is available.
All lead agency investigators having responsibility for
investigation duties under this section must receive a minimum
of eight hours of continuing education or in-service training
each year specific to their duties under this section.
Sec. 16. Minnesota Statutes 1994, section 626.557,
subdivision 10, is amended to read:
Subd. 10. [DUTIES OF LOCAL WELFARE THE COUNTY SOCIAL
SERVICE AGENCY UPON A RECEIPT OF A REPORT.] (a) The local
welfare Upon receipt of a report from the common entry point
staff, the county social service agency shall immediately
investigate assess and offer emergency and continuing protective
social services for purposes of preventing further abuse or
neglect maltreatment and for safeguarding and enhancing the
welfare of the abused or neglected maltreated vulnerable adult.
Local welfare agencies may enter facilities and inspect and copy
records as part of investigations. In cases of suspected sexual
abuse, the local welfare county social service agency shall
immediately arrange for and make available to the victim
vulnerable adult appropriate medical examination and treatment.
The investigation shall not be limited to the written records of
the facility, but shall include every other available source of
information. When necessary in order to protect the vulnerable
adult from further harm, the local welfare county social service
agency shall seek authority to remove the vulnerable adult from
the situation in which the neglect or abuse maltreatment
occurred. The local welfare county social service agency shall
may also investigate to determine whether the conditions which
resulted in the reported abuse or neglect maltreatment place
other vulnerable adults in jeopardy of being abused or neglected
maltreated and offer protective social services that are called
for by its determination. In performing any of these duties,
the local welfare agency shall maintain appropriate records.
(b) If the report indicates, or if the local welfare agency
finds that the suspected abuse or neglect occurred at a
facility, or while the vulnerable adult was or should have been
under the care of or receiving services from a facility, or that
the suspected abuse or neglect involved a person licensed by a
licensing agency to provide care or services, the local welfare
agency shall immediately notify each appropriate licensing
agency, and provide each licensing agency with a copy of the
report and of its investigative findings. County social service
agencies may enter facilities and inspect and copy records as
part of an investigation. The county social service agency has
access to not public data, as defined in section 13.02, and
medical records under section 144.335, that are maintained by
facilities to the extent necessary to conduct its
investigation. The inquiry is not limited to the written
records of the facility, but may include every other available
source of information.
(c) When necessary in order to protect a vulnerable adult
from serious harm, the local county social service agency shall
immediately intervene on behalf of that adult to help the
family, victim vulnerable adult, or other interested person by
seeking any of the following:
(1) a restraining order or a court order for removal of the
perpetrator from the residence of the vulnerable adult pursuant
to section 518B.01;
(2) the appointment of a guardian or conservator pursuant
to sections 525.539 to 525.6198, or guardianship or
conservatorship pursuant to chapter 252A;
(3) replacement of an abusive or neglectful a guardian or
conservator suspected of maltreatment and appointment of a
suitable person as guardian or conservator, pursuant to sections
525.539 to 525.6198; or
(4) a referral to the prosecuting attorney for possible
criminal prosecution of the perpetrator under chapter 609.
The expenses of legal intervention must be paid by the
county in the case of indigent persons, under section 525.703
and chapter 563.
In proceedings under sections 525.539 to 525.6198, if a
suitable relative or other person is not available to petition
for guardianship or conservatorship, a county employee shall
present the petition with representation by the county
attorney. The county shall contract with or arrange for a
suitable person or nonprofit organization to provide ongoing
guardianship services. If the county presents evidence to the
probate court that it has made a diligent effort and no other
suitable person can be found, a county employee may serve as
guardian or conservator. The county shall not retaliate against
the employee for any action taken on behalf of the ward or
conservatee even if the action is adverse to the county's
interest. Any person retaliated against in violation of this
subdivision shall have a cause of action against the county and
shall be entitled to reasonable attorney fees and costs of the
action if the action is upheld by the court.
Sec. 17. Minnesota Statutes 1994, section 626.557, is
amended by adding a subdivision to read:
Subd. 12b. [DATA MANAGEMENT.] (a) [COUNTY DATA.] In
performing any of the duties of this section as a lead agency,
the county social service agency shall maintain appropriate
records. Data collected by the county social service agency
under this section are welfare data under section 13.46.
Notwithstanding section 13.46, subdivision 1, paragraph (a),
data under this paragraph that are inactive investigative data
on an individual who is a vendor of services are private data on
individuals, as defined in section 13.02. The identity of the
reporter may only be disclosed as provided in paragraph (c).
Data maintained by the common entry point are confidential
data on individuals or protected nonpublic data as defined in
section 13.02. Notwithstanding section 138.163, the common
entry point shall destroy data three calendar years after date
of receipt.
(b) [LEAD AGENCY DATA.] The commissioner of health and the
commissioner of human services shall prepare an investigation
memorandum for each report alleging maltreatment investigated
under this section. During an investigation by the commissioner
of health or the commissioner of human services, data collected
under this section are confidential data on individuals or
protected nonpublic data as defined in section 13.02. Upon
completion of the investigation, the data are classified as
provided in clauses (1) to (3) and paragraph (c).
(1) The investigation memorandum must contain the following
data, which are public:
(i) the name of the facility investigated;
(ii) a statement of the nature of the alleged maltreatment;
(iii) pertinent information obtained from medical or other
records reviewed;
(iv) the identity of the investigator;
(v) a summary of the investigation's findings;
(vi) statement of whether the report was found to be
substantiated, inconclusive, false, or that no determination
will be made;
(vii) a statement of any action taken by the facility;
(viii) a statement of any action taken by the lead agency;
and
(ix) when a lead agency's determination has substantiated
maltreatment, a statement of whether an individual, individuals,
or a facility were responsible for the substantiated
maltreatment, if known.
The investigation memorandum must be written in a manner
which protects the identity of the reporter and of the
vulnerable adult and may not contain the names or, to the extent
possible, data on individuals or private data listed in clause
(2).
(2) Data on individuals collected and maintained in the
investigation memorandum are private data, including:
(i) the name of the vulnerable adult;
(ii) the identity of the individual alleged to be the
perpetrator;
(iii) the identity of the individual substantiated as the
perpetrator; and
(iv) the identity of all individuals interviewed as part of
the investigation.
(3) Other data on individuals maintained as part of an
investigation under this section are private data on individuals
upon completion of the investigation.
(c) [IDENTITY OF REPORTER.] The subject of the report may
compel disclosure of the name of the reporter only with the
consent of the reporter or upon a written finding by a court
that the report was false and there is evidence that the report
was made in bad faith. This subdivision does not alter
disclosure responsibilities or obligations under the rules of
criminal procedure, except that where the identity of the
reporter is relevant to a criminal prosecution, the district
court shall do an in-camera review prior to determining whether
to order disclosure of the identity of the reporter.
(d) [DESTRUCTION OF DATA.] Notwithstanding section 138.163,
data maintained under this section by the commissioners of
health and human services must be destroyed under the following
schedule:
(1) data from reports determined to be false, two years
after the finding was made;
(2) data from reports determined to be inconclusive, four
years after the finding was made;
(3) data from reports determined to be substantiated, seven
years after the finding was made; and
(4) data from reports which were not investigated by a lead
agency and for which there is no final disposition, two years
from the date of the report.
(e) [SUMMARY OF REPORTS.] The commissioners of health and
human services shall each annually prepare a summary of the
number and type of reports of alleged maltreatment involving
licensed facilities reported under this section.
(f) [RECORD RETENTION POLICY.] Each lead agency must have a
record retention policy.
(g) [EXCHANGE OF INFORMATION.] Lead agencies, prosecuting
authorities, and law enforcement agencies may exchange not
public data, as defined in section 13.02, if the agency or
authority requesting the data determines that the data are
pertinent and necessary to the requesting agency in initiating,
furthering, or completing an investigation under this section.
Data collected under this section must be made available to
prosecuting authorities and law enforcement officials, local
county agencies, and licensing agencies investigating the
alleged maltreatment under this section.
(h) [COMPLETION TIME.] Each lead agency shall keep records
of the length of time it takes to complete its investigations.
(i) [NOTIFICATION OF OTHER AFFECTED PARTIES.] A lead agency
may notify other affected parties and their authorized
representative if the agency has reason to believe maltreatment
has occurred and determines the information will safeguard the
well-being of the affected parties or dispel widespread rumor or
unrest in the affected facility.
(j) [FEDERAL REQUIREMENTS.] Under any notification
provision of this section, where federal law specifically
prohibits the disclosure of patient identifying information, a
lead agency may not provide any notice unless the vulnerable
adult has consented to disclosure in a manner which conforms to
federal requirements.
Sec. 18. Minnesota Statutes 1994, section 626.557,
subdivision 14, is amended to read:
Subd. 14. [ABUSE PREVENTION PLANS.] (a) Each facility,
except home health agencies and personal care attendant services
providers, shall establish and enforce an ongoing written abuse
prevention plan. The plan shall contain an assessment of the
physical plant, its environment, and its population identifying
factors which may encourage or permit abuse, and a statement of
specific measures to be taken to minimize the risk of abuse.
The plan shall comply with any rules governing the plan
promulgated by the licensing agency.
(b) Each facility, including a home health care agency and
personal care attendant services providers, shall develop an
individual abuse prevention plan for each vulnerable adult
residing there or receiving services from them. Facilities
designated in subdivision 2, clause (b)(2) or clause (b)(3)
shall develop plans for any vulnerable adults receiving services
from them. The plan shall contain an individualized assessment
of the person's susceptibility to abuse, and a statement of the
specific measures to be taken to minimize the risk of abuse to
that person. For the purposes of this clause, the term "abuse"
includes self-abuse.
Sec. 19. Minnesota Statutes 1994, section 626.557,
subdivision 16, is amended to read:
Subd. 16. [ENFORCEMENT IMPLEMENTATION AUTHORITY.] (a) A
facility that has not complied with this section within 60 days
of the effective date of passage of emergency rules is
ineligible for renewal of its license. A person required by
subdivision 3 to report and who is licensed or credentialed to
practice an occupation by a licensing agency who willfully fails
to comply with this section shall be disciplined after a hearing
by the appropriate licensing agency. By September 1, 1995, the
attorney general and the commissioners of health and human
services, in coordination with representatives of other entities
that receive or investigate maltreatment reports, shall develop
the common report form described in subdivision 9. The form may
be used by mandated reporters, county social service agencies,
law enforcement entities, licensing agencies, or ombudsman
offices.
(b) Licensing agencies The commissioners of health and
human services shall as soon as possible promulgate rules
necessary to implement the requirements of subdivisions 11, 12,
13, 14, 15, and 16, clause (a) this section. Agencies The
commissioners of health and human services may promulgate
emergency rules pursuant to sections 14.29 to 14.36.
(c) The commissioner of human services shall promulgate
rules as necessary to implement the requirements of subdivision
10.
(c) By December 31, 1995, the commissioners of health,
human services, and public safety shall develop criteria for the
design of a statewide database utilizing data collected on the
common intake form of the common entry point. The statewide
database must be accessible to all entities required to conduct
investigations under this section, and must be accessible to
ombudsman and advocacy programs.
(d) By September 1, 1995, each lead agency shall develop
the guidelines required in subdivision 9b.
Sec. 20. Minnesota Statutes 1994, section 626.557,
subdivision 17, is amended to read:
Subd. 17. [RETALIATION PROHIBITED.] (a) A facility or
person shall not retaliate against any person who reports in
good faith suspected abuse or neglect maltreatment pursuant to
this section, or against a vulnerable adult with respect to whom
a report is made, because of the report.
(b) In addition to any remedies allowed under sections
181.931 to 181.935, any facility or person which retaliates
against any person because of a report of suspected abuse or
neglect maltreatment is liable to that person for actual damages
and, in addition, a penalty, punitive damages up to $10,000, and
attorney's fees.
(c) There shall be a rebuttable presumption that any
adverse action, as defined below, within 90 days of a report, is
retaliatory. For purposes of this clause, the term "adverse
action" refers to action taken by a facility or person involved
in a report against the person making the report or the person
with respect to whom the report was made because of the report,
and includes, but is not limited to:
(1) Discharge or transfer from the facility;
(2) Discharge from or termination of employment;
(3) Demotion or reduction in remuneration for services;
(4) Restriction or prohibition of access to the facility or
its residents; or
(5) Any restriction of rights set forth in section 144.651.
Sec. 21. Minnesota Statutes 1994, section 626.557,
subdivision 18, is amended to read:
Subd. 18. [OUTREACH.] The commissioner of human services
shall establish maintain an aggressive program to educate those
required to report, as well as the general public, about the
requirements of this section using a variety of media. The
commissioner of human services shall print and make available
the form developed under subdivision 9.
Sec. 22. [626.5572] [DEFINITIONS.]
Subdivision 1. [SCOPE.] For the purpose of section
626.557, the following terms have the meanings given them,
unless otherwise specified.
Subd. 2. [ABUSE.] "Abuse" means:
(a) An act against a vulnerable adult that constitutes a
violation of, an attempt to violate, or aiding and abetting a
violation of:
(1) assault in the first through fifth degrees as defined
in sections 609.221 to 609.224;
(2) the use of drugs to injure or facilitate crime as
defined in section 609.235;
(3) the solicitation, inducement, and promotion of
prostitution as defined in section 609.322; and
(4) criminal sexual conduct in the first through fifth
degrees as defined in sections 609.342 to 609.3451.
A violation includes any action that meets the elements of
the crime, regardless of whether there is a criminal proceeding
or conviction.
(b) Conduct which is not an accident or therapeutic conduct
as defined in this section, which produces or could reasonably
be expected to produce physical pain or injury or emotional
distress including, but not limited to, the following:
(1) hitting, slapping, kicking, pinching, biting, or
corporal punishment of a vulnerable adult;
(2) use of repeated or malicious oral, written, or gestured
language toward a vulnerable adult or the treatment of a
vulnerable adult which would be considered by a reasonable
person to be disparaging, derogatory, humiliating, harassing, or
threatening;
(3) use of any aversive or deprivation procedure,
unreasonable confinement, or involuntary seclusion, including
the forced separation of the vulnerable adult from other persons
against the will of the vulnerable adult or the legal
representative of the vulnerable adult; and
(4) use of any aversive or deprivation procedures for
persons with developmental disabilities or related conditions
not authorized under section 245.825.
(c) Any sexual contact or penetration as defined in section
609.341, between a facility staff person or a person providing
services in the facility and a resident, patient, or client of
that facility.
(d) The act of forcing, compelling, coercing, or enticing a
vulnerable adult against the vulnerable adult's will to perform
services for the advantage of another.
(e) For purposes of this section, a vulnerable adult is not
abused for the sole reason that the vulnerable adult or a person
with authority to make health care decisions for the vulnerable
adult under sections 144.651, 144A.44, chapter 145B, 145C or
252A, or section 253B.03 or 525.539 to 525.6199, refuses consent
or withdraws consent, consistent with that authority and within
the boundary of reasonable medical practice, to any therapeutic
conduct, including any care, service, or procedure to diagnose,
maintain, or treat the physical or mental condition of the
vulnerable adult or, where permitted under law, to provide
nutrition and hydration parenterally or through intubation.
This paragraph does not enlarge or diminish rights otherwise
held under law by:
(1) a vulnerable adult or a person acting on behalf of a
vulnerable adult, including an involved family member, to
consent to or refuse consent for therapeutic conduct; or
(2) a caregiver to offer or provide or refuse to offer or
provide therapeutic conduct.
(f) For purposes of this section, a vulnerable adult is not
abused for the sole reason that the vulnerable adult, a person
with authority to make health care decisions for the vulnerable
adult, or a caregiver in good faith selects and depends upon
spiritual means or prayer for treatment or care of disease or
remedial care of the vulnerable adult in lieu of medical care,
provided that this is consistent with the prior practice or
belief of the vulnerable adult or with the expressed intentions
of the vulnerable adult.
(g) For purposes of this section, a vulnerable adult is not
abused for the sole reason that the vulnerable adult, who is not
impaired in judgment or capacity by mental or emotional
dysfunction or undue influence, engages in consensual sexual
contact with:
(1) a person, including a facility staff person, when a
consensual sexual personal relationship existed prior to the
caregiving relationship; or
(2) a personal care attendant, regardless of whether the
consensual sexual personal relationship existed prior to the
caregiving relationship.
Subd. 3. [ACCIDENT.] "Accident" means a sudden,
unforeseen, and unexpected occurrence or event which:
(1) is not likely to occur and which could not have been
prevented by exercise of due care; and
(2) if occurring while a vulnerable adult is receiving
services from a facility, happens when the facility and the
employee or person providing services in the facility are in
compliance with the laws and rules relevant to the occurrence or
event.
Subd. 4. [CAREGIVER.] "Caregiver" means an individual or
facility who has responsibility for the care of a vulnerable
adult as a result of a family relationship, or who has assumed
responsibility for all or a portion of the care of a vulnerable
adult voluntarily, by contract, or by agreement.
Subd. 5. [COMMON ENTRY POINT.] "Common entry point" means
the entity designated by each county responsible for receiving
reports under section 626.557.
Subd. 6. [FACILITY.] (a) "Facility" means a hospital or
other entity required to be licensed under sections 144.50 to
144.58; a nursing home required to be licensed to serve adults
under section 144A.02; a residential or nonresidential facility
required to be licensed to serve adults under sections 245A.01
to 245A.16; a home care provider licensed or required to be
licensed under section 144A.46; or 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.04, subdivision 16, 256B.0625,
subdivision 19a, and 256B.0627.
(b) For home care providers and personal care attendants,
the term "facility" refers to the provider or person or
organization that exclusively offers, provides, or arranges for
personal care services, and does not refer to the client's home
or other location at which services are rendered.
Subd. 7. [FALSE.] "False" means a preponderance of the
evidence shows that an act that meets the definition of
maltreatment did not occur.
Subd. 8. [FINAL DISPOSITION.] "Final disposition" is the
determination of an investigation by a lead agency that a report
of maltreatment under this act is substantiated, inconclusive,
false, or that no determination will be made. When a lead
agency determination has substantiated maltreatment, the final
disposition also identifies, if known, which individual or
individuals were responsible for the substantiated maltreatment,
and whether a facility was responsible for the substantiated
maltreatment.
Subd. 9. [FINANCIAL EXPLOITATION.] "Financial exploitation"
means:
(a) In breach of a fiduciary obligation recognized
elsewhere in law, including pertinent regulations, contractual
obligations, documented consent by a competent person, or the
obligations of a responsible party under section 144.6501 a
person:
(1) engages in unauthorized expenditure of funds entrusted
to the actor by the vulnerable adult which results or is likely
to result in detriment to the vulnerable adult; or
(2) fails to use the financial resources of the vulnerable
adult to provide food, clothing, shelter, health care,
therapeutic conduct or supervision for the vulnerable adult, and
the failure results or is likely to result in detriment to the
vulnerable adult.
(b) In the absence of legal authority a person:
(1) willfully uses, withholds, or disposes of funds or
property of a vulnerable adult;
(2) obtains for the actor or another the performance of
services by a third person for the wrongful profit or advantage
of the actor or another to the detriment of the vulnerable
adult;
(3) acquires possession or control of, or an interest in,
funds or property of a vulnerable adult through the use of undue
influence, harassment, duress, deception, or fraud; or
(4) forces, compels, coerces, or entices a vulnerable adult
against the vulnerable adult's will to perform services for the
profit or advantage of another.
(c) Nothing in this definition requires a facility or
caregiver to provide financial management or supervise financial
management for a vulnerable adult except as otherwise required
by law.
Subd. 10. [IMMEDIATELY.] "Immediately" means as soon as
possible, but no longer than 24 hours from the time initial
knowledge that the incident occurred has been received.
Subd. 11. [INCONCLUSIVE.] "Inconclusive" means there is
less than a preponderance of evidence to show that maltreatment
did or did not occur.
Subd. 12. [INITIAL DISPOSITION.] "Initial disposition" is
the lead agency's determination of whether the report will be
assigned for further investigation.
Subd. 13. [LEAD AGENCY.] "Lead agency" is the primary
administrative agency responsible for investigating reports made
under section 626.557.
(a) The department of health is the lead agency for the
facilities which are licensed or are required to be licensed as
hospitals, home care providers, nursing homes, residential care
homes, or boarding care homes.
(b) The department of human services is the lead agency for
the programs licensed or required to be licensed as adult day
care, adult foster care, programs for people with developmental
disabilities, mental health programs, chemical health programs,
or personal care provider organizations.
(c) The county social service agency or its designee is the
lead agency for all other reports.
Subd. 14. [LEGAL AUTHORITY.] "Legal authority" includes,
but is not limited to: (1) a fiduciary obligation recognized
elsewhere in law, including pertinent regulations; (2) a
contractual obligation; or (3) documented consent by a competent
person.
Subd. 15. [MALTREATMENT.] "Maltreatment" means abuse as
defined in subdivision 2, neglect as defined in subdivision 17,
or financial exploitation as defined in subdivision 9.
Subd. 16. [MANDATED REPORTER.] "Mandated reporter" means a
professional or professional's delegate while engaged in: (1)
social services; (2) law enforcement; (3) education; (4) the
care of vulnerable adults; (5) any of the occupations referred
to in section 214.01, subdivision 2; (6) an employee of a
rehabilitation facility certified by the commissioner of jobs
and training for vocational rehabilitation; (7) an employee or
person providing services in a facility as defined in
subdivision 6; or (8) a person that performs the duties of the
medical examiner or coroner.
Subd. 17. [NEGLECT.] "Neglect" means:
(a) The failure or omission by a caregiver to supply a
vulnerable adult with care or services, including but not
limited to, food, clothing, shelter, health care, or supervision
which is:
(1) reasonable and necessary to obtain or maintain the
vulnerable adult's physical or mental health or safety,
considering the physical and mental capacity or dysfunction of
the vulnerable adult; and
(2) which is not the result of an accident or therapeutic
conduct.
(b) The absence or likelihood of absence of care or
services, including but not limited to, food, clothing, shelter,
health care, or supervision necessary to maintain the physical
and mental health of the vulnerable adult which a reasonable
person would deem essential to obtain or maintain the vulnerable
adult's health, safety, or comfort considering the physical or
mental capacity or dysfunction of the vulnerable adult.
(c) For purposes of this section, a vulnerable adult is not
neglected for the sole reason that:
(1) the vulnerable adult or a person with authority to make
health care decisions for the vulnerable adult under sections
144.651, 144A.44, chapter 145B, 145C, or 252A, or section
253B.03, or 525.539 to 525.6199, refuses consent or withdraws
consent, consistent with that authority and within the boundary
of reasonable medical practice, to any therapeutic conduct,
including any care, service, or procedure to diagnose, maintain,
or treat the physical or mental condition of the vulnerable
adult, or, where permitted under law, to provide nutrition and
hydration parenterally or through intubation; this paragraph
does not enlarge or diminish rights otherwise held under law by:
(i) a vulnerable adult or a person acting on behalf of a
vulnerable adult, including an involved family member, to
consent to or refuse consent for therapeutic conduct; or
(ii) a caregiver to offer or provide or refuse to offer or
provide therapeutic conduct; or
(2) the vulnerable adult, a person with authority to make
health care decisions for the vulnerable adult, or a caregiver
in good faith selects and depends upon spiritual means or prayer
for treatment or care of disease or remedial care of the
vulnerable adult in lieu of medical care, provided that this is
consistent with the prior practice or belief of the vulnerable
adult or with the expressed intentions of the vulnerable adult;
(3) the vulnerable adult, who is not impaired in judgment
or capacity by mental or emotional dysfunction or undue
influence, engages in sexual contact with: (i) a person
including a facility staff person when a consensual sexual
personal relationship existed prior to the caregiving
relationship; or (ii) a personal care attendant, regardless of
whether the consensual sexual personal relationship existed
prior to the caregiving relationship; or
(4) an individual makes a single mistake in the provision
of therapeutic conduct to a vulnerable adult which: (i) does
not result in injury or harm which reasonably requires the care
of a physician or mental health professional, whether or not the
care was sought; (ii) is immediately reported internally by the
employee or person providing services in the facility; and (iii)
is sufficiently documented for review and evaluation by the
facility and any applicable licensing and certification agency.
(d) Nothing in this definition requires a caregiver, if
regulated, to provide services in excess of those required by
the caregiver's license, certification, registration, or other
regulation.
Subd. 18. [REPORT.] "Report" means a statement concerning
all the circumstances surrounding the alleged or suspected
maltreatment, as defined in this section, of a vulnerable adult
which are known to the reporter at the time the statement is
made.
Subd. 19. [SUBSTANTIATED.] "Substantiated" means a
preponderance of the evidence shows that an act that meets the
definition of maltreatment occurred.
Subd. 20. [THERAPEUTIC CONDUCT.] "Therapeutic conduct"
means the provision of program services, health care, or other
personal care services done in good faith in the interests of
the vulnerable adult by: (1) an individual, facility, or
employee or person providing services in a facility under the
rights, privileges and responsibilities conferred by state
license, certification, or registration; or (2) a caregiver.
Subd. 21. [VULNERABLE ADULT.] "Vulnerable adult" means any
person 18 years of age or older who:
(1) is a resident or inpatient of a facility;
(2) receives services at or from a facility required to be
licensed to serve adults under sections 245A.01 to 245A.15,
except that a person receiving outpatient services for treatment
of chemical dependency or mental illness, or one who is
committed as a sexual psychopathic personality or as a sexually
dangerous person under chapter 253B, is not considered a
vulnerable adult unless the person meets the requirements of
clause (4);
(3) receives services from a home care provider required to
be licensed under section 144A.46; or from 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.04, subdivision 16,
256B.0625, subdivision 19a, and 256B.0627; or
(4) regardless of residence or whether any type of service
is received, possesses a physical or mental infirmity or other
physical, mental, or emotional dysfunction:
(i) that impairs the individual's ability to provide
adequately for the individual's own care without assistance,
including the provision of food, shelter, clothing, health care,
or supervision; and
(ii) because of the dysfunction or infirmity and the need
for assistance, the individual has an impaired ability to
protect the individual from maltreatment.
Sec. 23. [626.5573] [NEGLIGENCE ACTIONS.]
A violation of sections 626.557 to 626.5572 shall be
admissible as evidence of negligence, but shall not be
considered negligence per se.
Sec. 24. [REPEALER.]
Minnesota Statutes 1994, section 626.557, subdivisions 2,
10a, 11, 11a, 12, 13, 15, and 19, are repealed.
Sec. 25. [EFFECTIVE DATE.]
Sections 15 and 19 are effective July 1, 1995. Sections 1
to 14, 16 to 18, and 20 to 24 are effective October 1, 1995.
ARTICLE 2
CRIMINAL PENALTIES
Section 1. Minnesota Statutes 1994, section 609.224,
subdivision 2, is amended to read:
Subd. 2. [GROSS MISDEMEANOR.] (a) Whoever violates the
provisions of subdivision 1 against the same victim during the
time period between a previous conviction under this section,
sections 609.221 to 609.2231, 609.342 to 609.345, or 609.713, or
any similar law of another state, and the end of the five years
following discharge from sentence for that conviction, is guilty
of a gross misdemeanor and may be sentenced to imprisonment for
not more than one year or to payment of a fine of not more than
$3,000, or both. Whoever violates the provisions of subdivision
1 against a family or household member as defined in section
518B.01, subdivision 2, during the time period between a
previous conviction under this section or sections 609.221 to
609.2231, 609.342 to 609.345, or 609.713 against a family or
household member, and the end of the five years following
discharge from sentence for that conviction is guilty of a gross
misdemeanor and may be sentenced to imprisonment for not more
than one year or to payment of a fine of not more than $3,000,
or both.
(b) Whoever violates the provisions of subdivision 1 within
two years of a previous conviction under this section or
sections 609.221 to 609.2231 or 609.713 is guilty of a gross
misdemeanor and may be sentenced to imprisonment for not more
than one year or to payment of a fine of not more than $3,000,
or both.
(c) A caregiver, as defined in section 609.232, who is an
individual and who violates the provisions of subdivision 1
against a vulnerable adult, as defined in section 609.232, is
guilty of a gross misdemeanor and may be sentenced to
imprisonment for not more than one year or to payment of a fine
of not more than $3,000, or both.
Sec. 2. [609.232] [CRIMES AGAINST VULNERABLE ADULTS;
DEFINITIONS.]
Subdivision 1. [SCOPE.] As used in sections 609.2325,
609.233, 609.2335, and 609.234, the terms defined in this
section have the meanings given.
Subd. 2. [CAREGIVER.] "Caregiver" means an individual or
facility who has responsibility for the care of a vulnerable
adult as a result of a family relationship, or who has assumed
responsibility for all or a portion of the care of a vulnerable
adult voluntarily, by contract, or by agreement.
Subd. 3. [FACILITY.] (a) "Facility" means a hospital or
other entity required to be licensed under sections 144.50 to
144.58; a nursing home required to be licensed to serve adults
under section 144A.02; a home care provider licensed or required
to be licensed under section 144A.46; a residential or
nonresidential facility required to be licensed to serve adults
under sections 245A.01 to 245A.16; or 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.04, subdivision 16, 256B.0625,
subdivision 19a, and 256B.0627.
(b) For home care providers and personal care attendants,
the term "facility" refers to the provider or person or
organization that exclusively offers, provides, or arranges for
personal care services, and does not refer to the client's home
or other location at which services are rendered.
Subd. 4. [IMMEDIATELY.] "Immediately" means as soon as
possible, but no longer than 24 hours from the time of initial
knowledge that the incident occurred has been received.
Subd. 5. [LEGAL AUTHORITY.] "Legal authority" includes,
but is not limited to:
(1) a fiduciary obligation recognized elsewhere in law,
including pertinent regulations;
(2) a contractual obligation; or
(3) documented consent by a competent person.
Subd. 6. [MALTREATMENT.] "Maltreatment" means any of the
following:
(1) abuse under section 609.2325;
(2) neglect under section 609.233; or
(3) financial exploitation under section 609.2335.
Subd. 7. [OPERATOR.] "Operator" means any person whose
duties and responsibilities evidence actual control of
administrative activities or authority for the decision making
of or by a facility.
Subd. 8. [PERSON.] "Person" means any individual,
corporation, firm, partnership, incorporated and unincorporated
association, or any other legal, professional, or commercial
entity.
Subd. 9. [REPORT.] "Report" means a statement concerning
all the circumstances surrounding the alleged or suspected
maltreatment, as defined in this section, of a vulnerable adult
which are known to the reporter at the time the statement is
made.
Subd. 10. [THERAPEUTIC CONDUCT.] "Therapeutic conduct"
means the provision of program services, health care, or other
personal care services done in good faith in the interests of
the vulnerable adult by: (1) an individual, facility or
employee, or person providing services in a facility under the
rights, privileges, and responsibilities conferred by state
license, certification, or registration; or (2) a caregiver.
Subd. 11. [VULNERABLE ADULT.] "Vulnerable adult" means any
person 18 years of age or older who:
(1) is a resident inpatient of a facility;
(2) receives services at or from a facility required to be
licensed to serve adults under sections 245A.01 to 245A.15,
except that a person receiving outpatient services for treatment
of chemical dependency or mental illness, or one who is
committed as a sexual psychopathic personality or as a sexually
dangerous person under chapter 253B, is not considered a
vulnerable adult unless the person meets the requirements of
clause (4);
(3) receives services from a home care provider required to
be licensed under section 144A.46; or from 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.04, subdivision 16,
256B.0625, subdivision 19a, and 256B.0627; or
(4) regardless of residence or whether any type of service
is received, possesses a physical or mental infirmity or other
physical, mental, or emotional dysfunction:
(i) that impairs the individual's ability to provide
adequately for the individual's own care without assistance,
including the provision of food, shelter, clothing, health care,
or supervision; and
(ii) because of the dysfunction or infirmity and the need
for assistance, the individual has an impaired ability to
protect the individual from maltreatment.
Sec. 3. [609.2325] [CRIMINAL ABUSE.]
Subdivision 1. [CRIMES.] (a) A caregiver who, with intent
to produce physical or mental pain or injury to a vulnerable
adult, subjects a vulnerable adult to any aversive or
deprivation procedure, unreasonable confinement, or involuntary
seclusion, is guilty of criminal abuse and may be sentenced as
provided in subdivision 3.
This paragraph does not apply to therapeutic conduct.
(b) A caregiver, facility staff person, or person providing
services in a facility who engages in sexual contact or
penetration, as defined in section 609.341, under circumstances
other than those described in sections 609.342 to 609.345, with
a resident, patient, or client of the facility is guilty of
criminal abuse and may be sentenced as provided in subdivision 3.
Subd. 2. [EXEMPTIONS.] For the purposes of this section, a
vulnerable adult is not abused for the sole reason that:
(1) the vulnerable adult or a person with authority to make
health care decisions for the vulnerable adult under sections
144.651, 144A.44, chapter 145B, 145C, or 252A, or section
253B.03, or 525.539 to 525.6199, refuses consent or withdraws
consent, consistent with that authority and within the boundary
of reasonable medical practice, to any therapeutic conduct,
including any care, service, or procedure to diagnose, maintain,
or treat the physical or mental condition of the vulnerable
adult or, where permitted under law, to provide nutrition and
hydration parenterally or through intubation; this paragraph
does not enlarge or diminish rights otherwise held under law by:
(i) a vulnerable adult or a person acting on behalf of a
vulnerable adult, including an involved family member, to
consent to or refuse consent for therapeutic conduct; or
(ii) a caregiver to offer or provide or refuse to offer or
provide therapeutic conduct;
(2) the vulnerable adult, a person with authority to make
health care decisions for the vulnerable adult, or a caregiver
in good faith selects and depends upon spiritual means or prayer
for treatment or care of disease or remedial care of the
vulnerable adult in lieu of medical care, provided that this is
consistent with the prior practice or belief of the vulnerable
adult or with the expressed intentions of the vulnerable adult;
or
(3) the vulnerable adult, who is not impaired in judgment
or capacity by mental or emotional dysfunction or undue
influence, engages in consensual sexual contact with: (i) a
person, including a facility staff person, when a consensual
sexual personal relationship existed prior to the caregiving
relationship; or (ii) a personal care attendant, regardless of
whether the consensual sexual personal relationship existed
prior to the caregiving relationship.
Subd. 3. [PENALTIES.] (a) A person who violates
subdivision 1, paragraph (a), clause (1), may be sentenced as
follows:
(1) if the act results in the death of a vulnerable adult,
imprisonment for not more than 15 years or payment of a fine of
not more than $30,000, or both;
(2) if the act results in great bodily harm, imprisonment
for not more than ten years or payment of a fine of not more
than $20,000, or both;
(3) if the act results in substantial bodily harm or the
risk of death, imprisonment for not more than five years or
payment of a fine of not more than $10,000, or both; or
(4) in other cases, imprisonment for not more than one year
or payment of a fine of not more than $3,000, or both.
(b) A person who violates subdivision 1, paragraph (a),
clause (2), or paragraph (b), may be sentenced to imprisonment
for not more than one year or to payment of a fine of not more
than $3,000, or both.
Sec. 4. [609.233] [CRIMINAL NEGLECT.]
Subdivision 1. [CRIME.] A caregiver or operator who
intentionally neglects a vulnerable adult or knowingly permits
conditions to exist that result in the abuse or neglect of a
vulnerable adult is guilty of a gross misdemeanor. For purposes
of this section, "abuse" has the meaning given in section
626.5572, subdivision 2, and "neglect" means a failure to
provide a vulnerable adult with necessary food, clothing,
shelter, health care, or supervision.
Subd. 2. [EXEMPTIONS.] A vulnerable adult is not neglected
for the sole reason that:
(1) the vulnerable adult or a person with authority to make
health care decisions for the vulnerable adult under sections
144.651, 144A.44, 253B.03, or 525.539 to 525.6199, or chapter
145B, 145C, or 252A, refuses consent or withdraws consent,
consistent with that authority and within the boundary of
reasonable medical practice, to any therapeutic conduct,
including any care, service, or procedure to diagnose, maintain,
or treat the physical or mental condition of the vulnerable
adult or, where permitted under law, to provide nutrition and
hydration parenterally or through intubation; this paragraph
does not enlarge or diminish rights otherwise held under law by:
(i) a vulnerable adult or a person acting on behalf of a
vulnerable adult, including an involved family member, to
consent to or refuse consent for therapeutic conduct; or
(ii) a caregiver to offer or provide or refuse to offer or
provide therapeutic conduct;
(2) the vulnerable adult, a person with authority to make
health care decisions for the vulnerable adult, or a caregiver
in good faith selects and depends upon spiritual means or prayer
for treatment or care of disease or remedial care of the
vulnerable adult in lieu of medical care, provided that this is
consistent with the prior practice or belief of the vulnerable
adult or with the expressed intentions of the vulnerable adult;
or
(3) the vulnerable adult, who is not impaired in judgment
or capacity by mental or emotional dysfunction or undue
influence, engages in consensual sexual contact with: (i) a
person including a facility staff person when a consensual
sexual personal relationship existed prior to the caregiving
relationship; or (ii) a personal care attendant, regardless of
whether the consensual sexual personal relationship existed
prior to the caregiving relationship.
Sec. 5. [609.2335] [FINANCIAL EXPLOITATION OF A VULNERABLE
ADULT.]
Subdivision 1. [CRIME.] Whoever does any of the following
acts commits the crime of financial exploitation:
(1) in breach of a fiduciary obligation recognized
elsewhere in law, including pertinent regulations, contractual
obligations, documented consent by a competent person, or the
obligations of a responsible party under section 144.6501
intentionally fails to use the financial resources of the
vulnerable adult to provide food, clothing, shelter, health
care, therapeutic conduct, or supervision for the vulnerable
adult; or
(2) in the absence of legal authority:
(i) acquires possession or control of an interest in funds
or property of a vulnerable adult through the use of undue
influence, harassment, or duress; or
(ii) forces, compels, coerces, or entices a vulnerable
adult against the vulnerable adult's will to perform services
for the profit or advantage of another.
Subd. 2. [DEFENSES.] Nothing in this section requires a
facility or caregiver to provide financial management or
supervise financial management for a vulnerable adult except as
otherwise required by law.
Subd. 3. [CRIMINAL PENALTIES.] A person who violates
subdivision 1, clause (1) or (2), item (i), may be sentenced as
provided in section 609.52, subdivision 3. A person who
violates subdivision 1, clause (2), item (ii), may be sentenced
to imprisonment for not more than one year or to payment of a
fine of not more than $3,000, or both.
Sec. 6. [609.234] [FAILURE TO REPORT.]
Subdivision 1. [CRIME.] Any mandated reporter who is
required to report under section 626.557, who knows or has
reason to believe that a vulnerable adult is being or has been
maltreated, as defined in section 626.5572, subdivision 15, and
who does any of the following is guilty of a misdemeanor:
(1) intentionally fails to make a report;
(2) knowingly provides information which is false,
deceptive, or misleading; or
(3) intentionally fails to provide all of the material
circumstances surrounding the incident which are known to the
reporter when the report is made.
Subd. 2. [INCREASED PENALTY.] It is a gross misdemeanor
for a person who is mandated to report under section 626.557,
who knows or has reason to believe that a vulnerable adult is
being or has been maltreated, as defined in section 626.5572,
subdivision 15, to intentionally fail to make a report if:
(1) the person knows the maltreatment caused or contributed
to the death or great bodily harm of a vulnerable adult; and
(2) the failure to report causes or contributes to the
death or great bodily harm of a vulnerable adult or protects the
mandated reporter's interests.
Sec. 7. Minnesota Statutes 1994, section 609.72, is
amended by adding a subdivision to read:
Subd. 3. [CAREGIVER; PENALTY FOR DISORDERLY CONDUCT.] A
caregiver, as defined in section 609.232, who violates the
provisions of subdivision 1 against a vulnerable adult, as
defined in section 609.232, may be sentenced to imprisonment for
not more than one year or to payment of a fine of not more than
$3,000, or both.
Sec. 8. [EFFECTIVE DATE.]
Sections 1 to 7 are effective October 1, 1995, and apply to
crimes committed on or after that date.
ARTICLE 3
OTHER LAWS AFFECTING VULNERABLE ADULTS
Section 1. Minnesota Statutes 1994, section 13.82, is
amended by adding a subdivision to read:
Subd. 5c. [VULNERABLE ADULT IDENTITY DATA.] Active or
inactive investigative data that identify a victim of vulnerable
adult maltreatment under section 626.557 are private data on
individuals. Active or inactive investigative data that
identify a reporter of vulnerable adult maltreatment under
section 626.557 are private data on individuals.
Sec. 2. Minnesota Statutes 1994, section 13.82, is amended
by adding a subdivision to read:
Subd. 5d. [INACTIVE VULNERABLE ADULT MALTREATMENT
DATA.] Investigative data that becomes inactive under
subdivision 5, paragraph (a) or (b), and that relate to the
alleged maltreatment of a vulnerable adult by a caregiver or
facility are private data on individuals.
Sec. 3. Minnesota Statutes 1994, section 13.82,
subdivision 10, is amended to read:
Subd. 10. [PROTECTION OF IDENTITIES.] A law enforcement
agency or a law enforcement dispatching agency working under
direction of a law enforcement agency may withhold public access
to data on individuals to protect the identity of individuals in
the following circumstances:
(a) when access to the data would reveal the identity of an
undercover law enforcement officer;
(b) when access to the data would reveal the identity of a
victim of criminal sexual conduct or of a violation of section
617.246, subdivision 2;
(c) when access to the data would reveal the identity of a
paid or unpaid informant being used by the agency if the agency
reasonably determines that revealing the identity of the
informant would threaten the personal safety of the informant;
(d) when access to the data would reveal the identity of a
victim of or witness to a crime if the victim or witness
specifically requests not to be identified publicly, and the
agency reasonably determines that revealing the identity of the
victim or witness would threaten the personal safety or property
of the individual;
(e) when access to the data would reveal the identity of a
deceased person whose body was unlawfully removed from a
cemetery in which it was interred;
(f) when access to the data would reveal the identity of a
person who placed a call to a 911 system or the identity or
telephone number of a service subscriber whose phone is used to
place a call to the 911 system and: (1) the agency determines
that revealing the identity may threaten the personal safety or
property of any person; or (2) the object of the call is to
receive help in a mental health emergency. For the purposes of
this paragraph, a voice recording of a call placed to the 911
system is deemed to reveal the identity of the caller; or
(g) when access to the data would reveal the identity of a
juvenile witness and the agency reasonably determines that the
subject matter of the investigation justifies protecting the
identity of the witness; or
(h) when access to the data would reveal the identity of a
mandated reporter under sections 626.556 and 626.557.
Data concerning individuals whose identities are protected
by this subdivision are private data about those individuals.
Law enforcement agencies shall establish procedures to acquire
the data and make the decisions necessary to protect the
identity of individuals described in clauses (d) and (g).
Sec. 4. [144.057] [BACKGROUND STUDIES ON LICENSEES.]
Subdivision 1. [BACKGROUND STUDIES REQUIRED.] The
commissioner of health shall contract with the commissioner of
human services to conduct background studies of individuals
providing services which have direct contact, as defined under
section 245A.04, subdivision 3, with patients and residents in
hospitals, boarding care homes, outpatient surgical centers
licensed under sections 144.50 to 144.58; nursing homes and home
care agencies licensed under chapter 144A; residential care
homes licensed under chapter 144B, and board and lodging
establishments that are registered to provide supportive or
health supervision services under section 157.031. If a
facility or program is licensed by the department of human
services and subject to the background study provisions of
chapter 245A and is also licensed by the department of health,
the department of human services is solely responsible for the
background studies of individuals in the jointly licensed
programs.
Subd. 2. [RESPONSIBILITIES OF THE DEPARTMENT OF HUMAN
SERVICES.] The department of human services shall conduct the
background studies required by subdivision 1 in compliance with
the provisions of chapter 245A and Minnesota Rules, parts
9543.3000 to 9543.3090. For the purpose of this section, the
term "residential program" shall include all facilities
described in subdivision 1. The department of human services
shall provide necessary forms and instructions, shall conduct
the necessary background studies of individuals, and shall
provide notification of the results of the studies to the
facilities, individuals, and the commissioner of health.
Individuals shall be disqualified under the provisions of
chapter 245A and Minnesota Rules, parts 9543.3000 to 9543.3090.
If an individual is disqualified, the department of human
services shall notify the facility and the individual and shall
inform the individual of the right to request a reconsideration
of the disqualification by submitting the request to the
department of health.
Subd. 3. [RECONSIDERATIONS.] The commissioner of health
shall review and decide reconsideration requests in accordance
with the procedures and criteria contained in chapter 245A and
Minnesota Rules, parts 9543.3000 to 9543.3090. The
commissioner's decision shall be provided to the individual and
to the department of human services. The commissioner's
decision to grant or deny a reconsideration of disqualification
is the final administrative agency action.
Subd. 4. [RESPONSIBILITIES OF FACILITIES.] Facilities
described in subdivision 1 shall be responsible for cooperating
with the departments in implementing the provisions of this
section. The responsibilities imposed on applicants and
licensees under chapter 245A and Minnesota Rules, parts
9543.3000 to 9543.3090 shall apply to these facilities. The
provision of section 245A.04, subdivision 3, paragraph (d) shall
apply to applicants, licensees, or an individual's refusal to
cooperate with the completion of the background studies.
Sec. 5. Minnesota Statutes 1994, 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) (5)
according to rules of the commissioner. The applicant, license
holder, the bureau of criminal apprehension, the commissioner of
health 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); and
(5) any person who, as an individual or as a member of an
organization, exclusively offers, provides, or arranges for
personal care assistant services under the medical assistance
program as authorized under sections 256B.04, subdivision 16,
and 256B.0625, subdivision 19.
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), or (5) is
within sight or hearing of a volunteer to the extent that the
individual listed in clause (1) or, (3), or (5) 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) (5) shall be
conducted at least upon application for initial license and
reapplication for a license. The commissioner is not required
to conduct a study of an individual at the time of reapplication
for a license, other than a family day care or foster care
license, if (i) a study of the individual was conducted either
at the time of initial licensure or when the individual became
affiliated with the license holder; (ii) the individual has been
continuously affiliated with the license holder since the last
study was conducted; and (iii) the procedure described in
paragraph (b) has been implemented and was in effect
continuously since the last study was conducted. No applicant,
license holder, or individual who is the subject of the study
shall pay any fees required to conduct the study.
(b) If an individual who is affiliated with a program or
facility regulated by the department of human services or
department of health is convicted of a crime constituting a
disqualification under Minnesota Rules, parts 9543.3000 to
9543.3090, the probation officer or corrections agent shall
notify the commissioner of the conviction. The commissioner, in
consultation with the commissioner of corrections, shall develop
forms and information necessary to implement this paragraph and
shall provide the forms and information to the commissioner of
corrections for distribution to local probation officers and
corrections agents. The commissioner shall inform individuals
subject to a background study that criminal convictions for
disqualifying crimes will be reported to the commissioner by the
corrections system. A probation officer, corrections agent, or
corrections agency is not civilly or criminally liable for
disclosing or failing to disclose the information required by
this paragraph. This paragraph does not apply to family day
care and foster care programs.
(b) (c) 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) (5), 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) (d) 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, the commissioner of health, 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) (5).
(d) (e) 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) (f) 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) (g) No person in paragraph (a), clause (1), (2), (3),
or (4), or (5) 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) (h) Termination of persons in paragraph (a), clause
(1), (2), (3), or (4), or (5) 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.
(h) (i) The commissioner may establish records to fulfill
the requirements of this section.
(i) (j) 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.
(j) (k) An individual who is subject to an applicant
background study under this section and whose disqualification
in connection with a license would be subject to the limitations
on reconsideration set forth in subdivision 3b, paragraph (c),
shall be disqualified for conviction of the crimes specified in
the manner specified in subdivision 3b, paragraph (c). The
commissioner of human services shall amend Minnesota Rules, part
9543.3070, to conform to this section.
(l) An individual must be disqualified if it has been
determined that the individual failed to make required reports
under sections 626.556, subdivision 3, or 626.557, subdivision
3, for incidents in which: (1) the final disposition under
section 626.556 or 626.557 was substantiated maltreatment, and
(2) the maltreatment was recurring or serious as defined in
Minnesota Rules, part 9543.3020, subpart 10.
(m) An individual subject to disqualification under this
subdivision has the applicable rights in subdivision 3a, 3b, or
3c.
Sec. 6. Minnesota Statutes 1994, section 256.045,
subdivision 1, is amended to read:
Subdivision 1. [POWERS OF THE STATE AGENCY.] The
commissioner of human services may appoint one or more state
human services referees to conduct hearings and recommend orders
in accordance with subdivisions 3, 3a, 3b, 4a, and 5. Human
services referees designated pursuant to this section may
administer oaths and shall be under the control and supervision
of the commissioner of human services and shall not be a part of
the office of administrative hearings established pursuant to
sections 14.48 to 14.56.
Sec. 7. Minnesota Statutes 1994, section 256.045,
subdivision 3, is amended to read:
Subd. 3. [STATE AGENCY HEARINGS.] State agency hearings
are available for the following: (1) any person applying for,
receiving or having received public assistance or a program of
social services granted by the state agency or a county agency
under sections 252.32, 256.031 to 256.036, and 256.72 to
256.879, chapters 256B, 256D, 256E, 261, or the federal Food
Stamp Act whose application for assistance is denied, not acted
upon with reasonable promptness, or whose assistance is
suspended, reduced, terminated, or claimed to have been
incorrectly paid, or; (2) any patient or relative aggrieved by
an order of the commissioner under section 252.27, or; (3) a
party aggrieved by a ruling of a prepaid health plan,; or (4)
any individual or facility determined by a lead agency to have
maltreated a vulnerable adult under section 626.557 after they
have exercised their right to administrative reconsideration
under section 626.557. Individuals and organizations specified
in this section may contest that the specified action or,
decision, or final disposition before the state agency by
submitting a written request for a hearing to the state agency
within 30 days after receiving written notice of the action or,
decision, or final disposition, or within 90 days of such
written notice if the applicant, recipient, patient, or relative
shows good cause why the request was not submitted within the
30-day time limit.
The hearing for an individual or facility under clause (4)
is the only administrative appeal to the final lead agency
disposition specifically, including a challenge to the accuracy
and completeness of data under section 13.04.
For purposes of this section, bargaining unit grievance
procedures are not an administrative appeal.
Except for a prepaid health plan, a vendor of medical care
as defined in section 256B.02, subdivision 7, or a vendor under
contract with a county agency to provide social services under
section 256E.08, subdivision 4, is not a party and may not
request a hearing under this section.
An applicant or recipient is not entitled to receive social
services beyond the services included in the amended community
social services plan developed under section 256E.081,
subdivision 3, if the county agency has met the requirements in
section 256E.081.
Sec. 8. Minnesota Statutes 1994, section 256.045, is
amended by adding a subdivision to read:
Subd. 3b. [STANDARD OF EVIDENCE FOR MALTREATMENT
HEARINGS.] The state human services referee shall determine that
maltreatment has occurred if a preponderance of evidence exists
to support the final disposition under section 626.557.
The state human services referee shall recommend an order
to the commissioner of health or human services, as applicable,
who shall issue a final order. The commissioner shall affirm,
reverse, or modify the final disposition. Any order of the
commissioner issued in accordance with this subdivision is
conclusive upon the parties unless appeal is taken in the manner
provided in subdivision 7. In any licensing appeal under
chapter 245A and sections 144.50 to 144.58 and 144A.02 to
144A.46, the commissioner's findings as to whether maltreatment
occurred is conclusive.
Sec. 9. Minnesota Statutes 1994, section 256.045,
subdivision 4, is amended to read:
Subd. 4. [CONDUCT OF HEARINGS.] (a) All hearings held
pursuant to subdivision 3, 3a, 3b, or 4a shall be conducted
according to the provisions of the federal Social Security Act
and the regulations implemented in accordance with that act to
enable this state to qualify for federal grants-in-aid, and
according to the rules and written policies of the commissioner
of human services. County agencies shall install equipment
necessary to conduct telephone hearings. A state human services
referee may schedule a telephone conference hearing when the
distance or time required to travel to the county agency offices
will cause a delay in the issuance of an order, or to promote
efficiency, or at the mutual request of the parties. Hearings
may be conducted by telephone conferences unless the applicant,
recipient, or former recipient, person, or facility contesting
maltreatment objects. The hearing shall not be held earlier
than five days after filing of the required notice with the
county or state agency. The state human services referee shall
notify all interested persons of the time, date, and location of
the hearing at least five days before the date of the hearing.
Interested persons may be represented by legal counsel or other
representative of their choice at the hearing and may appear
personally, testify and offer evidence, and examine and
cross-examine witnesses. The applicant, recipient, or former
recipient, person, or facility contesting maltreatment shall
have the opportunity to examine the contents of the case file
and all documents and records to be used by the county agency at
the hearing at a reasonable time before the date of the hearing
and during the hearing. In cases alleging discharge for
maltreatment, either party may subpoena the private data
relating to the investigation memorandum prepared by the lead
agency under section 626.557, provided the name of the reporter
may not be disclosed.
(b) The private data must be subject to a protective order
which prohibits its disclosure for any other purpose outside the
hearing provided for in this section without prior order of the
district court. Disclosure without court order is punishable by
a sentence of not more than 90 days imprisonment or a fine of
not more than $700, or both. These restrictions on the use of
private data do not prohibit access to the data under section
13.03, subdivision 6. Upon request, the county agency shall
provide reimbursement for transportation, child care,
photocopying, medical assessment, witness fee, and other
necessary and reasonable costs incurred by the applicant,
recipient, or former recipient in connection with the appeal,
except in appeals brought under subdivision 3b. All evidence,
except that privileged by law, commonly accepted by reasonable
people in the conduct of their affairs as having probative value
with respect to the issues shall be submitted at the hearing and
such hearing shall not be "a contested case" within the meaning
of section 14.02, subdivision 3.
Sec. 10. Minnesota Statutes 1994, section 256.045,
subdivision 5, is amended to read:
Subd. 5. [ORDERS OF THE COMMISSIONER OF HUMAN SERVICES.]
This subdivision does not apply to appeals under subdivision
3b. A state human services referee shall conduct a hearing on
the appeal and shall recommend an order to the commissioner of
human services. The recommended order must be based on all
relevant evidence and must not be limited to a review of the
propriety of the state or county agency's action. A referee may
take official notice of adjudicative facts. The commissioner of
human services may accept the recommended order of a state human
services referee and issue the order to the county agency and
the applicant, recipient, former recipient, or prepaid health
plan. The commissioner on refusing to accept the recommended
order of the state human services referee, shall notify the
county agency and the applicant, recipient, former recipient, or
prepaid health plan of that fact and shall state reasons
therefor and shall allow each party ten days' time to submit
additional written argument on the matter. After the expiration
of the ten-day period, the commissioner shall issue an order on
the matter to the county agency and the applicant, recipient,
former recipient, or prepaid health plan.
A party aggrieved by an order of the commissioner may
appeal under subdivision 7, or request reconsideration by the
commissioner within 30 days after the date the commissioner
issues the order. The commissioner may reconsider an order upon
request of any party or on the commissioner's own motion. A
request for reconsideration does not stay implementation of the
commissioner's order. Upon reconsideration, the commissioner
may issue an amended order or an order affirming the original
order.
Any order of the commissioner issued under this subdivision
shall be conclusive upon the parties unless appeal is taken in
the manner provided by subdivision 7. Any order of the
commissioner is binding on the parties and must be implemented
by the state agency or a county agency until the order is
reversed by the district court, or unless the commissioner or a
district court orders monthly assistance or aid or services paid
or provided under subdivision 10.
Except for a prepaid health plan, a vendor of medical care
as defined in section 256B.02, subdivision 7, or a vendor under
contract with a county agency to provide social services under
section 256E.08, subdivision 4, is not a party and may not
request a hearing or seek judicial review of an order issued
under this section.
Sec. 11. Minnesota Statutes 1994, section 256.045,
subdivision 6, is amended to read:
Subd. 6. [ADDITIONAL POWERS OF THE COMMISSIONER;
SUBPOENAS.] (a) The commissioner of human services, or the
commissioner of health for matters within the commissioner's
jurisdiction under subdivision 3b, may initiate a review of any
action or decision of a county agency and direct that the matter
be presented to a state human services referee for a hearing
held under subdivision 3, 3a, 3b, or 4a. In all matters dealing
with human services committed by law to the discretion of the
county agency, the commissioner's judgment may be substituted
for that of the county agency. The commissioner may order an
independent examination when appropriate.
(b) Any party to a hearing held pursuant to subdivision 3,
3a, 3b, or 4a may request that the commissioner issue a subpoena
to compel the attendance of witnesses at the hearing. The
issuance, service, and enforcement of subpoenas under this
subdivision is governed by section 357.22 and the Minnesota
Rules of Civil Procedure.
(c) The commissioner may issue a temporary order staying a
proposed demission by a residential facility licensed under
chapter 245A while an appeal by a recipient under subdivision 3
is pending or for the period of time necessary for the county
agency to implement the commissioner's order.
Sec. 12. Minnesota Statutes 1994, section 256.045,
subdivision 7, is amended to read:
Subd. 7. [JUDICIAL REVIEW.] Any party who is aggrieved by
an order of the commissioner of human services, or the
commissioner of health in appeals within the commissioner's
jurisdiction under subdivision 3b, may appeal the order to the
district court of the county responsible for furnishing
assistance, or, in appeals under subdivision 3b, the county
where the maltreatment occurred, by serving a written copy of a
notice of appeal upon the commissioner and any adverse party of
record within 30 days after the date the commissioner issued the
order, the amended order, or order affirming the original order,
and by filing the original notice and proof of service with the
court administrator of the district court. Service may be made
personally or by mail; service by mail is complete upon mailing;
no filing fee shall be required by the court administrator in
appeals taken pursuant to this subdivision, with the exception
of appeals taken under subdivision 3b. The commissioner may
elect to become a party to the proceedings in the district
court. Except for appeals under subdivision 3b, any party may
demand that the commissioner furnish all parties to the
proceedings with a copy of the decision, and a transcript of any
testimony, evidence, or other supporting papers from the hearing
held before the human services referee, by serving a written
demand upon the commissioner within 30 days after service of the
notice of appeal. Any party aggrieved by the failure of an
adverse party to obey an order issued by the commissioner under
subdivision 5 may compel performance according to the order in
the manner prescribed in sections 586.01 to 586.12.
Sec. 13. Minnesota Statutes 1994, section 256.045,
subdivision 8, is amended to read:
Subd. 8. [HEARING.] Any party may obtain a hearing at a
special term of the district court by serving a written notice
of the time and place of the hearing at least ten days prior to
the date of the hearing. Except for appeals under subdivision
3b, the court may consider the matter in or out of chambers, and
shall take no new or additional evidence unless it determines
that such evidence is necessary for a more equitable disposition
of the appeal.
Sec. 14. Minnesota Statutes 1994, section 256.045,
subdivision 9, is amended to read:
Subd. 9. [APPEAL.] Any party aggrieved by the order of the
district court may appeal the order as in other civil
cases. Except for appeals under subdivision 3b, no costs or
disbursements shall be taxed against any party nor shall any
filing fee or bond be required of any party.
Sec. 15. Minnesota Statutes 1994, section 268.09,
subdivision 1, is amended to read:
Subdivision 1. [DISQUALIFYING CONDITIONS.] An individual
separated from any employment under paragraph (a), (b), or (d)
shall be disqualified for waiting week credit and benefits. For
separations under paragraphs (a) and (b), the disqualification
shall continue until four calendar weeks have elapsed following
the individual's separation and the individual has earned eight
times the individual's weekly benefit amount in insured work.
(a) [VOLUNTARY LEAVE.] The individual voluntarily and
without good cause attributable to the employer discontinued
employment with such employer. For the purpose of this
paragraph, a separation from employment by reason of its
temporary nature or for inability to pass a test or for
inability to meet performance standards necessary for
continuation of employment shall not be deemed voluntary.
A separation shall be for good cause attributable to the
employer if it occurs as a consequence of sexual harassment.
Sexual harassment means unwelcome sexual advances, requests for
sexual favors, sexually motivated physical contact or other
conduct or communication of a sexual nature when: (1) the
employee's submission to such conduct or communication is made a
term or condition of the employment, (2) the employee's
submission to or rejection of such conduct or communication is
the basis for decisions affecting employment, or (3) such
conduct or communication has the purpose or effect of
substantially interfering with an individual's work performance
or creating an intimidating, hostile, or offensive working
environment and the employer knows or should know of the
existence of the harassment and fails to take timely and
appropriate action.
(b) [DISCHARGE FOR MISCONDUCT.] The individual was
discharged for misconduct, not amounting to gross misconduct
connected with work or for misconduct which interferes with and
adversely affects employment.
(c) [EXCEPTIONS TO DISQUALIFICATION.] An individual shall
not be disqualified under paragraphs (a) and (b) under any of
the following conditions:
(1) the individual voluntarily discontinued employment to
accept employment offering substantially better conditions or
substantially higher wages or both;
(2) the individual is separated from employment due to
personal, serious illness provided that such individual has made
reasonable efforts to retain employment.
An individual who is separated from employment due to the
individual's illness of chemical dependency which has been
professionally diagnosed or for which the individual has
voluntarily submitted to treatment and who fails to make
consistent efforts to maintain the treatment the individual
knows or has been professionally advised is necessary to control
that illness has not made reasonable efforts to retain
employment.
(3) the individual accepts work from a base period employer
which involves a change in location of work so that said work
would not have been deemed to be suitable work under the
provisions of subdivision 2 and within a period of 13 weeks from
the commencement of said work voluntarily discontinues
employment due to reasons which would have caused the work to be
unsuitable under the provision of said subdivision 2;
(4) the individual left employment because of reaching
mandatory retirement age and was 65 years of age or older;
(5) the individual is terminated by the employer because
the individual gave notice of intention to terminate employment
within 30 days. This exception shall be effective only through
the calendar week which includes the date of intended
termination, provided that this exception shall not result in
the payment of benefits for any week for which the individual
receives the individual's normal wage or salary which is equal
to or greater than the weekly benefit amount;
(6) the individual is separated from employment due to the
completion of an apprenticeship program, or segment thereof,
approved pursuant to chapter 178;
(7) the individual voluntarily leaves part-time employment
with a base period employer while continuing full-time
employment if the individual attempted to return to part-time
employment after being separated from the full-time employment,
and if substantially the same part-time employment with the base
period employer was not available for the individual;
(8) the individual is separated from employment based
solely on a provision in a collective bargaining agreement by
which an individual has vested discretionary authority in
another to act on behalf of the individual;
(9) except as provided in paragraph (d), separations from
part-time employment will not be disqualifying when the claim is
based on sufficient full-time employment to establish a valid
claim from which the claimant has been separated for
nondisqualifying reasons; or
(10) the individual accepts employment which represents a
substantial departure from the individual's customary occupation
and experience and would not be deemed suitable work as defined
under subdivision 2, paragraphs (a) and (b), and within a period
of 30 days from the commencement of that work voluntarily
discontinues the employment due to reasons which would have
caused the work to be unsuitable under the provisions of
subdivision 2 or, if in commission sales, because of a failure
to earn gross commissions averaging an amount equal to or in
excess of the individual's weekly benefit amount. Other
provisions notwithstanding, applying this provision precludes
the use of these wage credits to clear a disqualification.
(d) [DISCHARGE FOR GROSS MISCONDUCT.] The individual was
discharged for gross misconduct connected with work or gross
misconduct which interferes with and adversely affects the
individual's employment. For a separation under this clause,
the commissioner shall impose a total disqualification for the
benefit year and cancel all of the wage credits from the last
employer from whom the individual was discharged for gross
misconduct connected with work.
For the purpose of this paragraph "gross misconduct" is
defined as misconduct involving assault and battery or the
malicious destruction of property or arson or sabotage or
embezzlement or any other act, including theft, the commission
of which amounts to a felony or gross misdemeanor. For an
employee of a health care facility, as defined in section
626.5572, gross misconduct also includes misconduct involving an
act of patient or resident abuse, financial exploitation, or
recurring or serious neglect, as defined in section 626.557,
subdivision 2, clause (d) 626.5572 and applicable rules.
If an individual is convicted of a felony or gross
misdemeanor for the same act or acts of misconduct for which the
individual was discharged, the misconduct is conclusively
presumed to be gross misconduct if it was connected with the
individual's work.
(e) [LIMITED OR NO CHARGE OF BENEFITS.] Benefits paid
subsequent to an individual's separation under any of the
foregoing paragraphs, excepting paragraphs (c)(3), (c)(5), and
(c)(8), shall not be used as a factor in determining the future
contribution rate of the employer from whose employment such
individual separated.
Benefits paid subsequent to an individual's failure to
accept an offer of suitable reemployment or to accept
reemployment which offered substantially the same or better
hourly wages and conditions of work as were previously provided
by that employer, but was deemed unsuitable under subdivision 2,
shall not be used as a factor in determining the future
contribution rate of the employer whose offer of reemployment
was not accepted or whose offer of reemployment was refused
solely due to the distance of the available work from the
individual's residence, the individual's own serious illness,
the individual's other employment at the time of the offer, or
if the individual is in training with the approval of the
commissioner.
Benefits paid by another state as a result of Minnesota
transferring wage credits under the federally required combined
wage agreement shall not be directly charged to either the
taxpaying or reimbursing employer.
(f) [ACTS OR OMISSIONS.] An individual who was employed by
an employer shall not be disqualified for benefits under this
subdivision for any acts or omissions occurring after separation
from employment with the employer.
(g) [DISCIPLINARY SUSPENSIONS.] An individual shall be
disqualified for waiting week credit and benefits for the
duration of any disciplinary suspension of 30 days or less
resulting from the individual's own misconduct. Disciplinary
suspensions of more than 30 days shall constitute a discharge
from employment.
Sec. 16. Minnesota Statutes 1994, section 631.40, is
amended by adding a subdivision to read:
Subd. 3. [DEPARTMENT OF HUMAN SERVICES AND HEALTH
LICENSEES.] When a person who is affiliated with a program or
facility governed by the department of human services or
department of health is convicted of a disqualifying crime, the
probation officer or corrections agent shall notify the
commissioner of the conviction, as provided in section 245A.04,
subdivision 3, paragraph (b).
Sec. 17. [REPORT.]
By January 15, 1997, the commissioner of human services
shall report to the legislature on the implementation of the
process for reporting convictions under Minnesota Statutes,
section 245A.04, subdivision 3, paragraph (b). The report must
include an analysis of any reduction in the cost of performing
background studies resulting from implementing the process and
any recommendations for modification of the fee increases in
article 4, section 22, based on a reduction in costs.
Sec. 18. [APPLICATION.]
The provision of section 7 that eliminates certain
challenges to the accuracy and completeness of data under
Minnesota Statutes, section 13.04, does not apply if the
individual initiated a challenge under Minnesota Statutes,
section 13.04, before the effective date of section 7.
Sec. 19. [EFFECTIVE DATE.]
Sections 1 to 18 are effective October 1, 1995.
ARTICLE 4
CONFORMING AMENDMENTS
Section 1. Minnesota Statutes 1994, section 13.46,
subdivision 4, is amended to read:
Subd. 4. [LICENSING DATA.] (a) As used in this subdivision:
(1) "licensing data" means all data collected, maintained,
used, or disseminated by the welfare system pertaining to
persons licensed or registered or who apply for licensure or
registration or who formerly were licensed or registered under
the authority of the commissioner of human services;
(2) "client" means a person who is receiving services from
a licensee or from an applicant for licensure; and
(3) "personal and personal financial data" means social
security numbers, identity of and letters of reference,
insurance information, reports from the bureau of criminal
apprehension, health examination reports, and social/home
studies.
(b) Except as provided in paragraph (c), the following data
on current and former licensees are public: name, address,
telephone number of licensees, licensed capacity, type of client
preferred, variances granted, type of dwelling, name and
relationship of other family members, previous license history,
class of license, and the existence and status of complaints.
When disciplinary action has been taken against a licensee or
the complaint is resolved, the following data are public: the
substance of the complaint, the findings of the investigation of
the complaint, the record of informal resolution of a licensing
violation, orders of hearing, findings of fact, conclusions of
law, and specifications of the final disciplinary action
contained in the record of disciplinary action.
The following data on persons subject to disqualification
under section 245A.04 in connection with a license to provide
family day care for children, child care center services, foster
care for children in the provider's home, or foster care or day
care services for adults in the provider's home, are public:
the nature of any disqualification set aside under section
245A.04, subdivision 3b, and the reasons for setting aside the
disqualification; and the reasons for granting any variance
under section 245A.04, subdivision 9.
(c) The following are private data on individuals under
section 13.02, subdivision 12, or nonpublic data under section
13.02, subdivision 9: personal and personal financial data on
family day care program and family foster care program
applicants and licensees and their family members who provide
services under the license.
(d) The following are private data on individuals: the
identity of persons who have made reports concerning licensees
or applicants that appear in inactive investigative data, and
the records of clients or employees of the licensee or applicant
for licensure whose records are received by the licensing agency
for purposes of review or in anticipation of a contested
matter. The names of reporters under sections 626.556 and
626.557 may be disclosed only as provided in section 626.556,
subdivision 11, or 626.557, subdivision 12 12b.
(e) Data classified as private, confidential, nonpublic, or
protected nonpublic under this subdivision become public data if
submitted to a court or administrative law judge as part of a
disciplinary proceeding in which there is a public hearing
concerning the disciplinary action.
(f) Data generated in the course of licensing
investigations that relate to an alleged violation of law are
investigative data under subdivision 3.
(g) Data that are not public data collected, maintained,
used, or disseminated under this subdivision that relate to or
are derived from a report as defined in section 626.556,
subdivision 2, are subject to the destruction provisions of
section 626.556, subdivision 11.
Sec. 2. Minnesota Statutes 1994, section 13.88, is amended
to read:
13.88 [COMMUNITY DISPUTE RESOLUTION CENTER DATA.]
The guidelines shall provide that all files relating to a
case in a community dispute resolution program are to be
classified as private data on individuals, pursuant to section
13.02, subdivision 12, with the following exceptions:
(1) When a party to the case has been formally charged with
a criminal offense, the data are to be classified as public data
on individuals, pursuant to section 13.02, subdivision 15.
(2) Data relating to suspected neglect or physical or
sexual abuse of children or maltreatment of vulnerable adults
are to be subject to the reporting requirements of sections
626.556 and 626.557.
Sec. 3. Minnesota Statutes 1994, section 13.99,
subdivision 113, is amended to read:
Subd. 113. [VULNERABLE ADULT REPORT RECORDS.] Data
contained in vulnerable adult report records are classified
under section 626.557, subdivision 12 12b.
Sec. 4. Minnesota Statutes 1994, section 144.4172,
subdivision 8, is amended to read:
Subd. 8. [HEALTH THREAT TO OTHERS.] "Health threat to
others" means that a carrier demonstrates an inability or
unwillingness to act in such a manner as to not place others at
risk of exposure to infection that causes serious illness,
serious disability, or death. It includes one or more of the
following:
(1) with respect to an indirectly transmitted communicable
disease:
(a) behavior by a carrier which has been demonstrated
epidemiologically to transmit or which evidences a careless
disregard for the transmission of the disease to others; or
(b) a substantial likelihood that a carrier will transmit a
communicable disease to others as is evidenced by a carrier's
past behavior, or by statements of a carrier that are credible
indicators of a carrier's intention.
(2) With respect to a directly transmitted communicable
disease:
(a) repeated behavior by a carrier which has been
demonstrated epidemiologically to transmit or which evidences a
careless disregard for the transmission of the disease to
others;
(b) a substantial likelihood that a carrier will repeatedly
transmit a communicable disease to others as is evidenced by a
carrier's past behavior, or by statements of a carrier that are
credible indicators of a carrier's intention;
(c) affirmative misrepresentation by a carrier of the
carrier's status prior to engaging in any behavior which has
been demonstrated epidemiologically to transmit the disease; or
(d) the activities referenced in clause (1) if the person
whom the carrier places at risk is: (i) a minor, (ii) of
diminished capacity by reason of mood altering chemicals,
including alcohol, (iii) has been diagnosed as having
significantly subaverage intellectual functioning, (iv) has an
organic disorder of the brain or a psychiatric disorder of
thought, mood, perception, orientation, or memory which
substantially impairs judgment, behavior, reasoning, or
understanding; (v) adjudicated as an incompetent; or (vi) a
vulnerable adult as defined in section 626.557 626.5572.
(3) Violation by a carrier of any part of a court order
issued pursuant to this chapter.
Sec. 5. Minnesota Statutes 1994, section 144.651,
subdivision 14, is amended to read:
Subd. 14. [FREEDOM FROM ABUSE MALTREATMENT.] Patients and
residents shall be free from mental and physical abuse
maltreatment as defined in the Vulnerable Adults Protection
Act. "Abuse" means any act which constitutes assault, sexual
exploitation, or criminal sexual "Maltreatment" means conduct as
described in section 626.557, subdivision 2d 626.5572,
subdivision 15, or the intentional and nontherapeutic infliction
of physical pain or injury, or any persistent course of conduct
intended to produce mental or emotional distress. Every patient
and resident shall also be free from nontherapeutic chemical and
physical restraints, except in fully documented emergencies, or
as authorized in writing after examination by a patient's or
resident's physician for a specified and limited period of time,
and only when necessary to protect the resident from self-injury
or injury to others.
Sec. 6. Minnesota Statutes 1994, section 144.651,
subdivision 21, is amended to read:
Subd. 21. [COMMUNICATION PRIVACY.] Patients and residents
may associate and communicate privately with persons of their
choice and enter and, except as provided by the Minnesota
Commitment Act, leave the facility as they choose. Patients and
residents shall have access, at their expense, to writing
instruments, stationery, and postage. Personal mail shall be
sent without interference and received unopened unless medically
or programmatically contraindicated and documented by the
physician in the medical record. There shall be access to a
telephone where patients and residents can make and receive
calls as well as speak privately. Facilities which are unable
to provide a private area shall make reasonable arrangements to
accommodate the privacy of patients' or residents' calls. Upon
admission to a facility, a patient or resident, or the patient's
or resident's legal guardian or conservator, shall be given the
opportunity to authorize disclosure of the patient's or
resident's presence in the facility, to callers or visitors who
may seek to communicate with the patient or resident. This
disclosure option must be made available in all cases where
federal law prohibits unauthorized disclosure of patient or
resident identifying information to callers and visitors. To
the extent possible, the legal guardian or conservator of a
patient or resident shall consider the opinions of the patient
or resident regarding the disclosure of the patient's or
resident's presence in the facility. This right is limited
where medically inadvisable, as documented by the attending
physician in a patient's or resident's care record. Where
programmatically limited by a facility abuse prevention plan
pursuant to section 626.557, subdivision 14, clause 2 paragraph
(b), this right shall also be limited accordingly.
Sec. 7. Minnesota Statutes 1994, section 144A.103,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of this
section, "abuse" and "neglect" have the meanings given in
section 626.557, subdivision 2, paragraphs (d) and (e) 626.5572,
subdivisions 2 and 17.
Sec. 8. Minnesota Statutes 1994, section 144B.13, is
amended to read:
144B.13 [FREEDOM FROM ABUSE AND NEGLECT MALTREATMENT.]
Residents shall be free from abuse and neglect maltreatment
as defined in section 626.557, subdivision 2 626.5572,
subdivision 15. The commissioner shall by rule develop
procedures for the reporting of alleged incidents of abuse or
neglect maltreatment in residential care homes. The office of
health facility complaints shall investigate reports of alleged
abuse or neglect maltreatment according to sections 144A.51 to
144A.54.
Sec. 9. Minnesota Statutes 1994, section 148B.68,
subdivision 1, is amended to read:
Subdivision 1. [PROHIBITED CONDUCT.] The commissioner may
impose disciplinary action as described in section 148B.69
against any unlicensed mental health practitioner. The
following conduct is prohibited and is grounds for disciplinary
action:
(a) Conviction of a crime, including a finding or verdict
of guilt, an admission of guilt, or a no contest plea, in any
court in Minnesota or any other jurisdiction in the United
States, reasonably related to the provision of mental health
services. Conviction, as used in this subdivision, includes a
conviction of an offense which, if committed in this state,
would be deemed a felony or gross misdemeanor without regard to
its designation elsewhere, or a criminal proceeding where a
finding or verdict of guilty is made or returned but the
adjudication of guilt is either withheld or not entered.
(b) Conviction of crimes against persons. For purposes of
this chapter, a crime against a person means violations of the
following: sections 609.185; 609.19; 609.195; 609.20; 609.205;
609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 609.23;
609.231; 609.2325; 609.233; 609.2335; 609.235; 609.24; 609.245;
609.25; 609.255; 609.26, subdivision 1, clause (1) or (2);
609.265; 609.342; 609.343; 609.344; 609.345; 609.365; 609.498,
subdivision 1; 609.50, clause (1); 609.561; 609.562; and 609.595
; and 609.72, subdivision 3.
(c) Failure to comply with the self-reporting requirements
of section 148B.63, subdivision 6.
(d) Engaging in sexual contact with a client or former
client as defined in section 148A.01, or engaging in contact
that may be reasonably interpreted by a client as sexual, or
engaging in any verbal behavior that is seductive or sexually
demeaning to the patient, or engaging in sexual exploitation of
a client or former client.
(e) Advertising that is false, fraudulent, deceptive, or
misleading.
(f) Conduct likely to deceive, defraud, or harm the public;
or demonstrating a willful or careless disregard for the health,
welfare, or safety of a client; or any other practice that may
create unnecessary danger to any client's life, health, or
safety, in any of which cases, proof of actual injury need not
be established.
(g) Adjudication as mentally incompetent, or as a person
who is dangerous to self, or adjudication pursuant to chapter
253B, as chemically dependent, mentally ill, mentally retarded,
mentally ill and dangerous to the public, or as a sexual
psychopathic personality or sexually dangerous person.
(h) Inability to provide mental health services with
reasonable safety to clients.
(i) The habitual overindulgence in the use of or the
dependence on intoxicating liquors.
(j) Improper or unauthorized personal or other use of any
legend drugs as defined in chapter 151, any chemicals as defined
in chapter 151, or any controlled substance as defined in
chapter 152.
(k) Revealing a communication from, or relating to, a
client except when otherwise required or permitted by law.
(l) Failure to comply with a client's request made under
section 144.335, or to furnish a client record or report
required by law.
(m) Splitting fees or promising to pay a portion of a fee
to any other professional other than for services rendered by
the other professional to the client.
(n) Engaging in abusive or fraudulent billing practices,
including violations of the federal Medicare and Medicaid laws
or state medical assistance laws.
(o) Failure to make reports as required by section 148B.63,
or cooperate with an investigation of the office.
(p) Obtaining money, property, or services from a client,
other than reasonable fees for services provided to the client,
through the use of undue influence, harassment, duress,
deception, or fraud.
(q) Undertaking or continuing a professional relationship
with a client in which the objectivity of the professional would
be impaired.
(r) Failure to provide the client with a copy of the client
bill of rights or violation of any provision of the client bill
of rights.
(s) Violating any order issued by the commissioner.
(t) Failure to comply with sections 148B.60 to 148B.71, and
the rules adopted under those sections.
(u) Failure to comply with any additional disciplinary
grounds established by the commissioner by rule.
Sec. 10. Minnesota Statutes 1994, section 214.10,
subdivision 2a, is amended to read:
Subd. 2a. [PROCEEDINGS.] A board shall initiate
proceedings to suspend or revoke a license or shall refuse to
renew a license of a person licensed by the board who is
convicted in a court of competent jurisdiction of violating
sections 609.224, subdivision 2, paragraph (c), 609.23, 609.231
, 609.2325, 609.233, 609.2335, 609.234, 609.465, 609.466,
609.52, or 626.557 609.72, subdivision 3.
Sec. 11. Minnesota Statutes 1994, section 245A.04,
subdivision 3b, is amended to read:
Subd. 3b. [RECONSIDERATION OF DISQUALIFICATION.] (a)
Within 30 days after receiving notice of disqualification under
subdivision 3a, the individual who is the subject of the study
may request reconsideration of the notice of disqualification.
The individual must submit the request for reconsideration to
the commissioner in writing. The individual must present
information to show that:
(1) the information the commissioner relied upon is
incorrect; or
(2) the subject of the study does not pose a risk of harm
to any person served by the applicant or license holder.
(b) The commissioner may set aside the disqualification if
the commissioner finds that the information the commissioner
relied upon is incorrect or the individual does not pose a risk
of harm to any person served by the applicant or license
holder. The commissioner shall review the consequences of the
event or events that could lead to disqualification, whether
there is more than one disqualifying event, the vulnerability of
the victim at the time of the event, the time elapsed without a
repeat of the same or similar event, and documentation of
successful completion by the individual studied of training or
rehabilitation pertinent to the event. In reviewing a
disqualification, the commissioner shall give preeminent weight
to the safety of each person to be served by the license holder
or applicant over the interests of the license holder or
applicant.
(c) Unless the information the commissioner relied on in
disqualifying an individual is incorrect, the commissioner may
not set aside the disqualification of an individual in
connection with a license to provide family day care for
children, foster care for children in the provider's own home,
or foster care or day care services for adults in the provider's
own home if:
(1) less than ten years have passed since the discharge of
the sentence imposed for the offense; and the individual has
been convicted of a violation of any offense listed in section
609.20 (manslaughter in the first degree), 609.205 (manslaughter
in the second degree), 609.21 (criminal vehicular homicide),
609.215 (aiding suicide or aiding attempted suicide), 609.221 to
609.2231 (felony violations of assault in the first, second,
third, or fourth degree), 609.713 (terroristic threats), 609.235
(use of drugs to injure or to facilitate crime), 609.24 (simple
robbery), 609.245 (aggravated robbery), 609.25 (kidnapping),
609.255 (false imprisonment), 609.561 or 609.562 (arson in the
first or second degree), 609.71 (riot), 609.582 (burglary in the
first or second degree), 609.66 (reckless use of a gun or
dangerous weapon or intentionally pointing a gun at or towards a
human being), 609.665 (setting a spring gun), 609.67 (unlawfully
owning, possessing, or operating a machine gun), 152.021 or
152.022 (controlled substance crime in the first or second
degree), 152.023, subdivision 1, clause (3) or (4), or
subdivision 2, clause (4) (controlled substance crime in the
third degree), 152.024, subdivision 1, clause (2), (3), or (4)
(controlled substance crime in the fourth degree), 609.224,
subdivision 2, paragraph (c) (fifth-degree assault by a
caregiver against a vulnerable adult), 609.228 (great bodily
harm caused by distribution of drugs), 609.23 (mistreatment of
persons confined), 609.231 (mistreatment of residents or
patients), 609.2325 (criminal abuse of a vulnerable adult),
609.233 (criminal neglect of a vulnerable adult), 609.2335
(financial exploitation of a vulnerable adult), 609.265
(abduction), 609.2664 to 609.2665 (manslaughter of an unborn
child in the first or second degree), 609.267 to 609.2672
(assault of an unborn child in the first, second, or third
degree), 609.268 (injury or death of an unborn child in the
commission of a crime), 617.293 (disseminating or displaying
harmful material to minors), 609.378 (neglect or endangerment of
a child), 609.377 (a gross misdemeanor offense of malicious
punishment of a child), 609.72, subdivision 3 (disorderly
conduct against a vulnerable adult); or an attempt or conspiracy
to commit any of these offenses, as each of these offenses is
defined in Minnesota Statutes; or an offense in any other state,
the elements of which are substantially similar to the elements
of any of the foregoing offenses;
(2) regardless of how much time has passed since the
discharge of the sentence imposed for the offense, the
individual was convicted of a violation of any offense listed in
sections 609.185 to 609.195 (murder in the first, second, or
third degree), 609.2661 to 609.2663 (murder of an unborn child
in the first, second, or third degree), 609.377 (a felony
offense of malicious punishment of a child), 609.322
(soliciting, inducement, or promotion of prostitution), 609.323
(receiving profit derived from prostitution), 609.342 to 609.345
(criminal sexual conduct in the first, second, third, or fourth
degree), 609.352 (solicitation of children to engage in sexual
conduct), 617.246 (use of minors in a sexual performance),
617.247 (possession of pictorial representations of a minor),
609.365 (incest), or an offense in any other state, the elements
of which are substantially similar to any of the foregoing
offenses;
(3) within the seven years preceding the study, the
individual committed an act that constitutes maltreatment of a
child under section 626.556, subdivision 10e, and that resulted
in substantial bodily harm as defined in section 609.02,
subdivision 7a, or substantial mental or emotional harm as
supported by competent psychological or psychiatric evidence; or
(4) within the seven years preceding the study, the
individual was determined under section 626.557 to be the
perpetrator of a substantiated incident of abuse of a vulnerable
adult that resulted in substantial bodily harm as defined in
section 609.02, subdivision 7a, or substantial mental or
emotional harm as supported by competent psychological or
psychiatric evidence.
In the case of any ground for disqualification under
clauses (1) to (4), if the act was committed by an individual
other than the applicant or license holder residing in the
applicant's or license holder's home, the applicant or license
holder may seek reconsideration when the individual who
committed the act no longer resides in the home.
The disqualification periods provided under clauses (1),
(3), and (4) are the minimum applicable disqualification
periods. The commissioner may determine that an individual
should continue to be disqualified from licensure because the
license holder or applicant poses a risk of harm to a person
served by that individual after the minimum disqualification
period has passed.
(d) The commissioner shall respond in writing to all
reconsideration requests within 15 working days after receiving
the request for reconsideration. If the disqualification is set
aside, the commissioner shall notify the applicant or license
holder in writing of the decision.
(e) Except as provided in subdivision 3c, the
commissioner's decision to grant or deny a reconsideration of
disqualification under this subdivision, or to set aside or
uphold the results of the study under subdivision 3, is the
final administrative agency action.
Sec. 12. Minnesota Statutes 1994, section 253B.02,
subdivision 4a, is amended to read:
Subd. 4a. [CRIME AGAINST THE PERSON.] "Crime against the
person" means a violation of or attempt to violate any of the
following provisions: sections 609.185; 609.19; 609.195;
609.20; 609.205; 609.21; 609.215; 609.221; 609.222; 609.223;
609.224; 609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235;
609.24; 609.245; 609.25; 609.255; 609.265; 609.27, subdivision
1, clause (1) or (2); 609.28 if violence or threats of violence
were used; 609.322, subdivision 1, clause (2); 609.342; 609.343;
609.344; 609.345; 609.365; 609.498, subdivision 1; 609.50,
clause (1); 609.561; 609.562; and 609.595; and 609.72,
subdivision 3.
Sec. 13. Minnesota Statutes 1994, section 256E.03,
subdivision 2, is amended to read:
Subd. 2. (a) "Community social services" means services
provided or arranged for by county boards to fulfill the
responsibilities prescribed in section 256E.08, subdivision 1,
to the following groups of persons:
(1) families with children under age 18, who are
experiencing child dependency, neglect or abuse, and also
pregnant adolescents, adolescent parents under the age of 18,
and their children;
(2) persons who are under the guardianship of the
commissioner of human services as dependent and neglected wards;
(3) adults who are in need of protection and vulnerable as
defined in section 626.557 626.5572;
(4) persons age 60 and over who are experiencing difficulty
living independently and are unable to provide for their own
needs;
(5) emotionally disturbed children and adolescents,
chronically and acutely mentally ill persons who are unable to
provide for their own needs or to independently engage in
ordinary community activities;
(6) persons with mental retardation as defined in section
252A.02, subdivision 2, or with related conditions as defined in
section 252.27, subdivision 1a, who are unable to provide for
their own needs or to independently engage in ordinary community
activities;
(7) drug dependent and intoxicated persons as defined in
section 254A.02, subdivisions 5 and 7, and persons at risk of
harm to self or others due to the ingestion of alcohol or other
drugs;
(8) parents whose income is at or below 70 percent of the
state median income and who are in need of child care services
in order to secure or retain employment or to obtain the
training or education necessary to secure employment; and
(9) other groups of persons who, in the judgment of the
county board, are in need of social services.
(b) Except as provided in section 256E.08, subdivision 5,
community social services do not include public assistance
programs known as aid to families with dependent children,
Minnesota supplemental aid, medical assistance, general
assistance, general assistance medical care, or community health
services authorized by sections 145A.09 to 145A.13.
Sec. 14. Minnesota Statutes 1994, section 256E.081,
subdivision 4, is amended to read:
Subd. 4. [DENIAL, REDUCTION, OR TERMINATION OF SERVICES.]
(a) Before a county denies, reduces, or terminates services to
an individual due to fiscal limitations, the county must meet
the requirements in subdivisions 2 and 3, and document in the
person's individual service plan:
(1) the person's service needs;
(2) the alternatives considered for meeting the person's
service needs; and
(3) the actions that will be taken to prevent abuse or
neglect as defined in sections 626.556, subdivision 2,
paragraphs (a), (c), (d), and (k); and 626.557, subdivision 2,
paragraphs (d) and (e) maltreatment as defined in section
626.5572, subdivision 15.
(b) The county must notify the individual and the
individual's guardian in writing of the reason for the denial,
reduction, or termination of services and of the individual's
right to an appeal under section 256.045.
(c) The county must inform the individual and the
individual's guardian in writing that the county will, upon
request, meet to discuss alternatives and amend the individual
service plan before services are terminated or reduced.
Sec. 15. Minnesota Statutes 1994, section 325F.692,
subdivision 2, is amended to read:
Subd. 2. [UNAUTHORIZED INFORMATION SERVICE CHARGES;
LIABILITY.] A telephone service subscriber is not responsible
for information service charges for calls made by minors or
other vulnerable adults as defined in section 626.557,
subdivision 2, paragraph (b) 626.5572, subdivision 2, unless
expressly authorized by the subscriber or spouse.
Sec. 16. Minnesota Statutes 1994, section 525.703,
subdivision 3, is amended to read:
Subd. 3. [GUARDIAN OR CONSERVATOR.] (a) When the court
determines that a guardian or conservator of the person or the
estate has rendered necessary services or has incurred necessary
expenses for the benefit of the ward or conservatee, the court
may order reimbursement or reasonable compensation to be paid
from the estate of the ward or conservatee or from the county
having jurisdiction over the guardianship or conservatorship if
the ward or conservatee is indigent. The court may not deny an
award of fees solely because the ward or conservatee is a
recipient of medical assistance. In determining reasonable
compensation for a guardian or conservator of an indigent
person, the court shall consider a fee schedule recommended by
the board of county commissioners. The fee schedule may also
include a maximum compensation based on the living arrangements
of the ward or conservatee. If these services are provided by a
public or private agency, the county may contract on a fee for
service basis with that agency.
(b) The court shall order reimbursement or reasonable
compensation if the guardian or conservator requests payment and
the guardian or conservator was nominated by the court or by the
county adult protection unit because no suitable relative or
other person was available to provide guardianship or
conservatorship services necessary to prevent abuse or neglect
maltreatment of a vulnerable adult, as defined in
section 626.557 626.5572, subdivision 15. In determining
reasonable compensation for a guardian or conservator of an
indigent person, the court shall consider a fee schedule
recommended by the board of county commissioners. The fee
schedule may also include a maximum compensation based on the
living arrangements of the ward or conservatee. If these
services are provided by a public or private agency, the county
may contract on a fee for service basis with that agency.
(c) When a county employee serves as a guardian or
conservator as part of employment duties, the court shall order
reasonable compensation if the guardian or conservator performs
necessary services that are not compensated by the county. The
court may order reimbursement to the county from the ward's or
conservatee's estate for reasonable compensation paid by the
county for services rendered by a guardian or conservator who is
a county employee but only if the county shows that after a
diligent effort it was unable to arrange for an independent
guardian or conservator.
Sec. 17. Minnesota Statutes 1994, section 609.268,
subdivision 1, is amended to read:
Subdivision 1. [DEATH OF AN UNBORN CHILD.] Whoever, in the
commission of a felony or in a violation of section 609.224,
609.23, or 609.231, 609.2325, or 609.233, causes the death of an
unborn child is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine
not more than $30,000, or both. As used in this subdivision,
"felony" does not include a violation of sections 609.185 to
609.21, 609.221 to 609.2231, or 609.2661 to 609.2665.
Sec. 18. Minnesota Statutes 1994, section 609.268,
subdivision 2, is amended to read:
Subd. 2. [INJURY TO AN UNBORN CHILD.] Whoever, in the
commission of a felony or in a violation of section 609.23 or,
609.231, 609.2325 or 609.233, causes great or substantial bodily
harm to an unborn child who is subsequently born alive, is
guilty of a felony and may be sentenced to imprisonment for not
more than ten years or to payment of a fine of not more than
$20,000, or both. As used in this subdivision, "felony" does
not include a violation of sections 609.21, 609.221 to 609.2231,
or 609.267 to 609.2672.
Sec. 19. Minnesota Statutes 1994, section 609.7495,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the following terms have the meanings given them.
(a) "Facility" means any of the following:
(1) a hospital or other health institution licensed under
sections 144.50 to 144.56;
(2) a medical facility as defined in section 144.561;
(3) an agency, clinic, or office operated under the
direction of or under contract with the commissioner of health
or a community health board, as defined in section 145A.02;
(4) a facility providing counseling regarding options for
medical services or recovery from an addiction;
(5) a facility providing emergency shelter services for
battered women, as defined in section 611A.31, subdivision 3, or
a facility providing transitional housing for battered women and
their children;
(6) a residential care home or home as defined in section
144B.01, subdivision 5;
(7) a facility as defined in section 626.556, subdivision
2, paragraph (f);
(8) a facility as defined in section 626.557, subdivision
2, paragraph (a) 626.5572, subdivision 6, where the services
described in that paragraph are provided;
(9) a place to or from which ambulance service, as defined
in section 144.801, is provided or sought to be provided; and
(10) a hospice program licensed under section 144A.48.
(b) "Aggrieved party" means a person whose access to or
egress from a facility is obstructed in violation of subdivision
2, or the facility.
Sec. 20. Minnesota Statutes 1994, section 626.556,
subdivision 12, is amended to read:
Subd. 12. [DUTIES OF FACILITY OPERATORS.] Any operator,
employee, or volunteer worker at any facility who intentionally
neglects, physically abuses, or sexually abuses any child in the
care of that facility may be charged with a violation of section
609.255, 609.377, or 609.378. Any operator of a facility who
knowingly permits conditions to exist which result in neglect,
physical abuse, or sexual abuse of a child in the care of that
facility may be charged with a violation of section 609.23 or
609.378.
Sec. 21. [FEE INCREASE.]
To implement the requirements of the vulnerable adults act
under Minnesota Statutes, section 626.557, the department of
health shall increase licensing fees as follows:
(a) Licensing fees shall be increased above the level set
by Laws 1995, chapter 207, article 9, section 4, if enacted, as
follows: (1) nursing home, boarding care home and supervised
living facility fees shall be increased by $20 per bed; (2)
accredited hospital fees shall be increased to $3,015, the 1994
licensure fee; (3) nonaccredited hospital fees shall be
increased to a $2,000 base fee and $100 per bed, the 1994
licensure fee; and (4) fees for outpatient surgical centers
shall be increased by 25 percent to $646.
(b) Licensing fees for home care agencies as specified in
the home care licensure rules shall be increased by 25 percent.
(c) Licensing fees for board and lodging establishments
that are registered to provide supportive or health supervision
services under Minnesota Statutes, section 157.031, shall be
increased by $5 per bed.
Sec. 22. [REPEALER.]
Minnesota Statutes 1994, section 144A.612, is repealed.
Sec. 23. [EFFECTIVE DATE.]
Sections 1 to 20 and 22 are effective October 1, 1995.
Section 21 is effective July 1, 1995.
ARTICLE 5
APPROPRIATIONS
Section 1. [APPROPRIATION.]
Subdivision 1. The sums set forth in this section are
appropriated from the state government special revenue fund to
the agencies named in this section to implement articles 1 and 3
and is available for the fiscal year ending June 30 in the years
indicated.
1996 1997
Subd. 2. COMMISSIONER OF
HEALTH $1,043,000 $1,088,000
Subd. 3. COMMISSIONER OF
HUMAN SERVICES 445,000 445,000
Subd. 4. ATTORNEY GENERAL 20,000 20,000
Subd. 5. COMMISSIONER OF
PUBLIC SAFETY 14,000 7,000
Presented to the governor May 23, 1995
Signed by the governor May 25, 1995, 8:40 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes