Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 82-S.F.No. 299
An act relating to vocational rehabilitation; changing
references to visually disabled persons; making
changes of a technical and housekeeping nature;
amending Minnesota Statutes 1994, sections 248.011;
248.07, subdivisions 1, 2, 3, 4, 5, 13, 14a, and 16;
248.10; 248.11; 268A.02, subdivision 2; 268A.03; and
268A.11, subdivisions 1 and 3; repealing Minnesota
Statutes 1994, section 268A.12.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1994, section 248.011, is
amended to read:
248.011 [REPORTING OF NEWLY BLINDED INDIVIDUAL.]
Subdivision 1. [DUTY TO REPORT.] Whenever an
ophthalmologist or optometrist makes an initial diagnosis of
legal blindness as defined in section 256D.35, subdivision 4a,
the ophthalmologist or optometrist shall advise the client that
services are available through Minnesota state services for the
blind and visually handicapped. After obtaining client consent,
the ophthalmologist or optometrist shall report the name of the
legally blind client to Minnesota state services for the
blind and visually handicapped. The report must be filed with
Minnesota state services for the blind and visually handicapped
within 30 days following a diagnosis of legal blindness after
obtaining client consent.
Subd. 2. [DUTIES OF MINNESOTA STATE SERVICES FOR THE BLIND
AND VISUALLY HANDICAPPED.] Upon receipt of the name of a legally
blind individual, Minnesota state services for the blind and
visually handicapped shall contact the newly blind individual
within 30 days and provide a complete summary of available
services to the blind individual, in media accessible to the
individual.
Sec. 2. Minnesota Statutes 1994, section 248.07,
subdivision 1, is amended to read:
Subdivision 1. [COOPERATION.] It shall be the duty of the
commissioner of economic security, referred to in this section
and sections 248.10 and 248.11 as the commissioner, to develop
and administer programs serving the needs of blind and
visually handicapped disabled persons and to cooperate with
state and local boards and agencies both public and private.
The commissioner shall create a division that is a distinct
organizational unit to be known as the division of state
services for the blind and visually handicapped, separate from
the vocational rehabilitation unit and with its own activity
budget, within the department of economic security to provide
and coordinate services to the blind.
Sec. 3. Minnesota Statutes 1994, section 248.07,
subdivision 2, is amended to read:
Subd. 2. [STATISTICS.] The commissioner shall collect
statistics concerning blind persons including medical
ophthalmological data, causes of blindness, opportunities for
education, rehabilitation, training for employment, and any
other information necessary to carry out the commissioner's
duties and responsibilities with respect to blind and visually
handicapped disabled persons.
Sec. 4. Minnesota Statutes 1994, section 248.07,
subdivision 3, is amended to read:
Subd. 3. [SPECIAL ATTENTION.] The commissioner shall give
special attention to the cases of handicapped disabled youth who
are eligible to attend the Minnesota state academy for the
blind, the Minnesota state academy for the deaf, or the public
school classes for handicapped disabled children, but are not in
attendance thereat there, or are not receiving adequate
instruction elsewhere. The commissioner shall report all such
cases to the school district of the individual's residence and
to the state board of education.
Sec. 5. Minnesota Statutes 1994, section 248.07,
subdivision 4, is amended to read:
Subd. 4. [VOCATIONAL TRAINING.] The commissioner shall
either provide or assist blind and visually handicapped disabled
persons in obtaining vocational training and employment and
shall aid such persons in obtaining services and benefits to
which they may be entitled from public and private agencies.
Any person who shall be entitled to training under this
subdivision shall have the right to choose from available
programs such training as in the opinion of the person would be
suitable and practical in accordance with rules adopted by the
commissioner under subdivision 14a.
Sec. 6. Minnesota Statutes 1994, section 248.07,
subdivision 5, is amended to read:
Subd. 5. [AIDS.] The commissioner shall further be
empowered to aid the persons who are blind or visually disabled:
(1) by home instruction and training; (2) by assisting them in
securing tools, appliances, and supplies; (3) by any other
practicable means of improving their social, economic, or
educational condition; (4) by providing to eligible persons, or
purchasing for sale at cost plus handling charges, special
materials and supplies needed by blind or visually handicapped
disabled persons that are difficult to obtain elsewhere; and (5)
by promoting literacy and access to print materials through
production for blind or visually disabled persons or others of
alternative reading formats such as Braille, audio tapes, radio
signals, newspaper reading services, and other services
originating from the division's communication center. Equipment
may be leased or sold under written rehabilitation plans at cost
plus handling charges to persons who wish to lease or purchase
them. Receipts under this subdivision, as well as gifts to aid
the blind, are subject to section 268.0121, subdivision 5.
Sec. 7. Minnesota Statutes 1994, section 248.07,
subdivision 13, is amended to read:
Subd. 13. [COMMUNITY REHABILITATION FACILITIES PROGRAMS.]
From the funds appropriated for vocational rehabilitation of the
blind and matching federal funds available for the purpose, the
commissioner may make grants, upon such terms as the
commissioner may determine, to public or nonprofit organizations
for the establishment, maintenance or improvement of community
rehabilitation facilities or sheltered workshops for the
blind programs.
Sec. 8. Minnesota Statutes 1994, section 248.07,
subdivision 14a, is amended to read:
Subd. 14a. [RULES.] The commissioner shall adopt rules to
set standards for the provision of rehabilitative services to
blind and visually handicapped disabled persons. The rules
shall, at a minimum, contain program definitions and set
standards for basic eligibility, including financial need
eligibility and definitions of legal blindness.
The rules shall provide for the development of formal
rehabilitation plans for eligible clients and shall govern the
provision of direct rehabilitative services to clients,
including placement in training programs, and providing tools
and equipment. In addition, the rules shall set standards for
appeals filed under subdivision 15 and include specific
requirements for timely responses by the agency.
Sec. 9. Minnesota Statutes 1994, section 248.07,
subdivision 16, is amended to read:
Subd. 16. [ADJUSTMENT-TO-BLINDNESS TRAINING.] (a) The
commissioner of economic security shall enter into contracts or
agreements to provide comprehensive adjustment-to-blindness
training services to blind and visually handicapped disabled
persons. Services available must include, but not be limited
to, instruction in Braille reading and writing, the use of the
long white cane for independent travel, home management and self
management, typing and computer technology, career exploration,
and seminars on positive adjustment to blindness. In entering
into contracts or agreements to provide adjustment-to-blindness
services, the commissioner shall, when in the best interests of
the client, utilize services available from qualified nonprofit
agencies or organizations who:
(1) are administered by a governing board composed of a
majority of individuals who are blind;
(2) substantially involve individuals who are blind in
policy direction and management; and
(3) employ individuals who are blind at all levels of
operation.
(b) This subdivision does not limit the commissioner's
authority to enter into contracts or agreements for any service
with other qualified agencies or organizations.
Sec. 10. Minnesota Statutes 1994, section 248.10, is
amended to read:
248.10 [REHABILITATION ADVISORY COUNCIL FOR THE BLIND.]
The commissioner shall establish a rehabilitation advisory
council for the blind consistent with the federal Rehabilitation
Act of 1973, Public Law Number 93-112, as amended through
December 31, 1992. Advisory council members shall be
compensated as provided in section 15.059, subdivision 3.
Members of the council for the blind appointed before July 1,
1993, shall serve on the advisory council until the end of their
appointed terms. The advisory council shall advise the
commissioner about programs of the division of state services
for the blind and visually handicapped disabled. The advisory
council is limited to 15 members, a majority of whom must be
blind or visually handicapped disabled.
Sec. 11. Minnesota Statutes 1994, section 248.11, is
amended to read:
248.11 [RECOUPMENT OF SERVICES AND EQUIPMENT.]
Subdivision 1. [ERRONEOUS PAYMENTS.] If a recipient
receives monetary assistance as a rehabilitation service from
services for the blind and visually handicapped in excess of
that to which the recipient is entitled by law, state services
for the blind and visually handicapped shall, as soon as it
discovers the amount of the erroneous payment, notify the
recipient to return the same in accordance with rules adopted by
the commissioner. Unless the recipient files an appeal under
section 248.07, subdivision 15, within 15 days after the notice
to return is personally delivered to the recipient or mailed to
the recipient's last known address, the determination of
overpayment shall be considered final. If the recipient files a
timely appeal, the determination shall not be considered final
until the recipient's administrative appeal remedies are
exhausted. State services for the blind and visually
handicapped may recoup overpayments considered final under this
subdivision by deducting the amount or a part of the overpayment
from future monetary assistance payments to the recipient or by
civil action in the name of the commissioner. Overpayments made
more than three years prior to discovery of the error are not
recoverable under this subdivision.
Subd. 2. [RECOVERY OF EQUIPMENT.] If a recipient retains
equipment to which state services for the blind and visually
handicapped has title after the recipient's right to possess the
equipment has expired, state services for the blind and visually
handicapped shall notify the recipient to return the same or
execute a new lease to the equipment if the equipment is still
necessary to the recipient's rehabilitation. Unless the
recipient returns the equipment, executes and complies with a
new lease to the equipment or appeals under section 248.07,
subdivision 15 within 15 days after the notice to return is
personally delivered to the recipient or mailed to the
recipient's last known address, state services for the blind and
visually handicapped may institute a civil action to recover the
equipment or the reasonable value of the equipment.
Sec. 12. Minnesota Statutes 1994, section 268A.02,
subdivision 2, is amended to read:
Subd. 2. [REHABILITATION ADVISORY COUNCIL.] The
commissioner shall establish a state rehabilitation advisory
council consistent with the federal Rehabilitation Act of 1973,
Public Law Number 93-112, as amended through December 31, 1992.
Members of the advisory council shall be compensated as provided
in section 15.059, subdivision 3. Members of the consumer
advisory council appointed prior to July 1, 1993, shall serve on
the rehabilitation advisory council until the end of their
appointed terms.
Sec. 13. Minnesota Statutes 1994, section 268A.03, is
amended to read:
268A.03 [POWERS AND DUTIES.]
The commissioner shall:
(a) certify the rehabilitation facilities to offer extended
employment programs, grant funds to the extended employment
programs, and perform the duties as specified in section
268A.09;
(b) provide vocational rehabilitation services to persons
with disabilities in accordance with the state plan for
vocational rehabilitation. These services include but are not
limited to: diagnostic and related services incidental to
determination of eligibility for services to be provided,
including medical diagnosis and vocational diagnosis; vocational
counseling, training and instruction, including personal
adjustment training; physical restoration, including corrective
surgery, therapeutic treatment, hospitalization and prosthetic
and orthotic devices, all of which shall be obtained from
appropriate established agencies; transportation; occupational
and business licenses or permits, customary tools and equipment;
maintenance; books, supplies, and training materials; initial
stocks and supplies; placement; on-the-job skill training and
time-limited postemployment services leading to supported
employment; acquisition of vending stands or other equipment,
initial stocks and supplies for small business enterprises;
supervision and management of small business enterprises,
merchandising programs, or services rendered by severely
disabled persons federal Rehabilitation Act of 1973, Public Law
Number 93-112, as amended. Persons with a disability are
entitled to free choice of vendor for any medical, dental,
prosthetic, or orthotic services provided under this paragraph;.
(c) expend funds and provide technical assistance for the
establishment, improvement, maintenance, or extension of public
and other nonprofit rehabilitation facilities or centers;
(d) maintain a contractual or regulatory relationship with
the United States as authorized by the Social Security Act, as
amended. Under this relationship, the state will undertake to
make determinations referred to in those public laws with
respect to all individuals in Minnesota, or with respect to a
class or classes of individuals in this state that is designated
in the agreement at the state's request. It is the purpose of
this relationship to permit the citizens of this state to obtain
all benefits available under federal law;
(e) provide an in-service training program for division of
rehabilitation services employees by paying for its direct costs
with state and federal funds;
(f) conduct research and demonstration projects; provide
training and instruction, including establishment and
maintenance of research fellowships and traineeships, along with
all necessary stipends and allowances; disseminate information
to persons with a disability and the general public; and provide
technical assistance relating to vocational rehabilitation and
independent living;
(g) receive and disburse pursuant to law money and gifts
available from governmental and private sources including, but
not limited to, the federal Department of Education and the
Social Security Administration, for the purpose of vocational
rehabilitation or independent living;
(h) design all state plans for vocational rehabilitation or
independent living services required as a condition to the
receipt and disbursement of any money available from the federal
government;
(i) cooperate with other public or private agencies or
organizations for the purpose of vocational rehabilitation or
independent living. Money received from school districts,
governmental subdivisions, mental health centers or boards, and
private nonprofit organizations is appropriated to the
commissioner for conducting joint or cooperative vocational
rehabilitation or independent living programs;
(j) enter into contractual arrangements with
instrumentalities of federal, state, or local government and
with private individuals, organizations, agencies, or facilities
with respect to providing vocational rehabilitation or
independent living services;
(k) take other actions required by state and federal
legislation relating to vocational rehabilitation, independent
living, and disability determination programs;
(l) hire staff and arrange services and facilities
necessary to perform the duties and powers specified in this
section; and
(m) adopt, amend, suspend, or repeal rules necessary to
implement or make specific programs that the commissioner by
sections 268A.01 to 268A.10 is empowered to administer; and.
(n) contact any person with traumatic brain injury or
spinal cord injury reported by the commissioner of health under
section 144.664, subdivision 3, and notify the person, or the
person's parent or guardian if the person is a minor or is
mentally incompetent, of services available to the person,
eligibility requirements and application procedures for public
programs, and other information the commissioner believes may be
helpful to the person to make appropriate use of available
rehabilitation services.
Sec. 14. Minnesota Statutes 1994, section 268A.11,
subdivision 1, is amended to read:
Subdivision 1. [PURPOSES AND SERVICES OFFERED.]
Independent living services are those services designed to
materially improve opportunities for persons with disabilities
to live and function more independently in their home, family,
and community, and the services include:
(1) intake counseling to determine the individual's needs
for services;
(2) referral and counseling services with respect to
attendant care;
(3) counseling and advocacy with respect to legal and
economic rights and benefits;
(4) independent living skills, training, and counseling;
(5) housing and transportation referral and assistance;
(6) surveys, directories, and other activities to identify
appropriate housing and accessible transportation and other
support services;
(7) peer counseling;
(8) education and training necessary to living in the
community and participating in community affairs;
(9) individual and group social and recreational
activities;
(10) attendant care and training of personnel to provide
the care; and
(11) other necessary services which are not inconsistent
with sections 62A.26 and 62E.06, subdivision 1. The purposes of
independent living services and the services that are to be
provided are those that are consistent with Code of Federal
Regulations, title 34, parts 365 to 367.
Sec. 15. Minnesota Statutes 1994, section 268A.11,
subdivision 3, is amended to read:
Subd. 3. [CERTIFICATION.] No applicant center for
independent living may receive funding under this section unless
it has received certification from the division of
rehabilitation services.
The division of rehabilitation services shall involve
persons with a disability and other interested persons to
consider performance evaluation criteria in order to formulate
rules by which centers will be certified by July 1, 1986.
The division of rehabilitation services shall review the
programs for of centers of for independent living receiving
funds from this section to determine their adherence to
standards adopted by rule and if the standards are substantially
met, shall issue appropriate certifications.
Sec. 16. [RECREATION AND REINSTATEMENT OF REHABILITATION
ADVISORY COUNCIL.]
Notwithstanding Laws 1993, chapter 286, section 1, and Laws
1993, chapter 337, section 1, the rehabilitation advisory
council established in Minnesota Statutes, section 268A.02, and
the rehabilitation advisory council for the blind established in
section 248.10 are recreated and reinstated.
Sec. 17. [REPEALER.]
Minnesota Statutes 1994, section 268A.12, is repealed.
Sec. 18. [EFFECTIVE DATE.]
Sections 1 to 17 are effective the day following final
enactment.
Presented to the governor April 20, 1995
Signed by the governor April 21, 1995, 1:58 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes