Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2003, 1st Special Session
Key: (1) language to be deleted (2) new language
CHAPTER 14-H.F.No. 6
An act relating to state government; making changes to
public assistance programs, long-term care, continuing
care for persons with disabilities, children's
services, occupational licenses, human services
licensing, county initiatives, local public health
grants, child care provisions, child support
provisions, and health care; establishing the
Community Services Act; establishing alternative care
liens; modifying petroleum product specifications;
conveying land in Cass county; making forecast
adjustments; appropriating money; amending Minnesota
Statutes 2002, sections 13.69, subdivision 1; 41A.09,
subdivision 2a; 61A.072, subdivision 6; 62A.31,
subdivisions 1f, 1u, by adding a subdivision; 62A.315;
62A.316; 62A.48, by adding a subdivision; 62A.49, by
adding a subdivision; 62A.65, subdivision 7; 62D.095,
subdivision 2, by adding a subdivision; 62E.06,
subdivision 1; 62J.17, subdivision 2; 62J.23, by
adding a subdivision; 62J.52, subdivisions 1, 2;
62J.692, subdivisions 3, 4, 5, 7, 8; 62J.694, by
adding a subdivision; 62L.05, subdivision 4; 62Q.19,
subdivisions 1, 2; 62S.22, subdivision 1; 69.021,
subdivision 11; 119B.011, subdivisions 5, 6, 15, 19,
20, 21, by adding a subdivision; 119B.02, subdivision
1; 119B.03, subdivisions 4, 9; 119B.05, subdivision 1;
119B.08, subdivision 3; 119B.09, subdivisions 1, 2, 7,
by adding subdivisions; 119B.11, subdivision 2a;
119B.12, subdivision 2; 119B.13, subdivisions 1, 6, by
adding a subdivision; 119B.16, subdivision 2, by
adding subdivisions; 119B.19, subdivision 7; 119B.21,
subdivision 11; 119B.23, subdivision 3; 124D.23,
subdivision 1; 144.1222, by adding a subdivision;
144.125; 144.128; 144.1481, subdivision 1; 144.1483;
144.1488, subdivision 4; 144.1491, subdivision 1;
144.1502, subdivision 4; 144.396, subdivisions 1, 5,
7, 10, 11, 12; 144.414, subdivision 3; 144.551,
subdivision 1; 144A.04, subdivision 3, by adding a
subdivision; 144A.071, subdivision 4c, as added;
144A.10, by adding a subdivision; 144A.4605,
subdivision 4; 144E.11, subdivision 6; 144E.50,
subdivision 5; 145.88; 145.881, subdivisions 1, 2;
145.882, subdivisions 1, 2, 3, 7, by adding a
subdivision; 145.883, subdivisions 1, 9; 145A.02,
subdivisions 5, 6, 7; 145A.06, subdivision 1; 145A.09,
subdivisions 2, 4, 7; 145A.10, subdivisions 2, 10, by
adding a subdivision; 145A.11, subdivisions 2, 4;
145A.12, subdivisions 1, 2, by adding a subdivision;
145A.13, by adding a subdivision; 145A.14, subdivision
2, by adding a subdivision; 147A.08; 148.5194,
subdivisions 1, 2, 3, by adding a subdivision;
148.6445, subdivision 7; 148C.01, subdivisions 2, 12,
by adding subdivisions; 148C.03, subdivision 1;
148C.0351, subdivision 1, by adding a subdivision;
148C.04; 148C.05, subdivision 1, by adding
subdivisions; 148C.07; 148C.10, subdivisions 1, 2;
148C.11; 153A.17; 171.06, subdivision 3; 171.07, by
adding a subdivision; 174.30, subdivision 1; 239.761,
subdivisions 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13;
239.792; 245.0312; 245.4874; 245.493, subdivision 1a;
245A.035, subdivision 3; 245A.04, subdivisions 3, 3b,
3d; 245A.09, subdivision 7; 245A.10; 245A.11,
subdivisions 2a, 2b, by adding a subdivision; 245B.03,
subdivision 2, by adding a subdivision; 245B.04,
subdivision 2; 245B.06, subdivisions 2, 5, 8; 245B.07,
subdivisions 6, 9, 11; 245B.08, subdivision 1;
246.014; 246.015, subdivision 3; 246.018, subdivisions
2, 3, 4; 246.13; 246.15; 246.16; 246.54; 246.57,
subdivisions 1, 4, 6; 246.71, subdivisions 4, 5;
246B.02; 246B.03; 246B.04; 252.025, subdivision 7;
252.06; 252.27, subdivision 2a; 252.32, subdivisions
1, 1a, 3, 3c; 252.41, subdivision 3; 252.46,
subdivision 1; 253.015, subdivision 1; 253.017;
253.20; 253.26; 253B.02, subdivision 18a; 253B.04,
subdivision 1; 253B.05, subdivision 3; 253B.09,
subdivision 1; 256.01, subdivision 2; 256.012;
256.046, subdivision 1; 256.0471, subdivision 1;
256.476, subdivisions 1, 3, 4, 5, 11; 256.482,
subdivision 8; 256.955, subdivisions 2a, 3, by adding
a subdivision; 256.9657, subdivisions 1, 4, by adding
a subdivision; 256.969, subdivisions 2b, 3a, by adding
a subdivision; 256.975, by adding a subdivision;
256.98, subdivisions 3, 4, 8; 256.984, subdivision 1;
256B.055, by adding a subdivision; 256B.056,
subdivisions 1a, 1c, 3c, 6; 256B.057, subdivisions 1,
2, 3b, 9, 10; 256B.0595, subdivisions 1, 2, by adding
subdivisions; 256B.06, subdivision 4; 256B.061;
256B.0621, subdivisions 4, 7; 256B.0623, subdivisions
2, 4, 5, 6, 8; 256B.0625, subdivisions 5a, 9, 13, 17,
19c, 23, by adding subdivisions; 256B.0627,
subdivisions 1, 4, 9; 256B.0635, subdivisions 1, 2;
256B.064, subdivision 2; 256B.0911, subdivision 4d;
256B.0913, subdivisions 2, 4, 5, 6, 7, 8, 10, 12;
256B.0915, subdivision 3, by adding a subdivision;
256B.092, subdivisions 1a, 5, by adding a subdivision;
256B.0945, subdivisions 2, 4; 256B.095; 256B.0951,
subdivisions 1, 2, 3, 5, 7, 9; 256B.0952, subdivision
1; 256B.0953, subdivision 2; 256B.0955; 256B.15,
subdivisions 1, 1a, 2, 3, 4, by adding subdivisions;
256B.19, subdivision 1; 256B.195, subdivisions 3, 5;
256B.32, subdivision 1; 256B.431, subdivisions 2r, 32,
36, by adding subdivisions; 256B.434, subdivisions 4,
10; 256B.47, subdivision 2; 256B.49, subdivision 15;
256B.501, subdivision 1, by adding a subdivision;
256B.5012, by adding a subdivision; 256B.5013, by
adding a subdivision; 256B.5015; 256B.69, subdivisions
2, 4, 5, 5a, 5c, 6a, 6b, 8, by adding subdivisions;
256B.75; 256B.76; 256B.761; 256B.82; 256D.03,
subdivisions 3, 3a, 4; 256D.06, subdivision 2;
256D.44, subdivision 5; 256D.46, subdivisions 1, 3;
256D.48, subdivision 1; 256G.05, subdivision 2;
256I.02; 256I.04, subdivision 3; 256I.05, subdivisions
1, 1a, 7c; 256J.01, subdivision 5; 256J.02,
subdivision 2; 256J.021; 256J.08, subdivisions 35, 65,
82, 85, by adding subdivisions; 256J.09, subdivisions
2, 3, 3a, 3b, 8, 10; 256J.14; 256J.20, subdivision 3;
256J.21, subdivisions 1, 2; 256J.24, subdivisions 3,
5, 6, 7, 10; 256J.30, subdivision 9; 256J.32,
subdivisions 2, 4, 5a, by adding a subdivision;
256J.37, subdivision 9, by adding subdivisions;
256J.38, subdivisions 3, 4; 256J.40; 256J.42,
subdivisions 4, 5, 6; 256J.425, subdivisions 1, 1a, 2,
3, 4, 6, 7; 256J.45, subdivision 2; 256J.46,
subdivisions 1, 2, 2a; 256J.49, subdivisions 4, 5, 9,
13, by adding subdivisions; 256J.50, subdivisions 1,
9, 10; 256J.51, subdivisions 1, 2, 3, 4; 256J.53,
subdivisions 1, 2, 5; 256J.54, subdivisions 1, 2, 3,
5; 256J.55, subdivisions 1, 2; 256J.56; 256J.57;
256J.62, subdivision 9; 256J.645, subdivision 3;
256J.66, subdivision 2; 256J.69, subdivision 2;
256J.75, subdivision 3; 256J.751, subdivisions 1, 2,
5; 256L.03, subdivision 1; 256L.04, subdivisions 1,
10; 256L.05, subdivisions 3a, 4; 256L.06, subdivision
3; 256L.07, subdivisions 1, 3; 256L.12, subdivisions
6, 9, by adding a subdivision; 256L.15, subdivisions
1, 2, 3; 256L.17, subdivision 2; 257.05; 257.0769;
259.21, subdivision 6; 259.67, subdivisions 4, 7;
260B.157, subdivision 1; 260B.176, subdivision 2;
260B.178, subdivision 1; 260B.193, subdivision 2;
260B.235, subdivision 6; 260C.141, subdivision 2;
261.063; 295.53, subdivision 1; 295.55, subdivision 2;
296A.01, subdivisions 2, 7, 8, 14, 19, 20, 22, 23, 24,
25, 26, 28, by adding a subdivision; 297I.15,
subdivisions 1, 4; 326.42; 393.07, subdivisions 1, 5,
10; 471.59, subdivision 1; 514.981, subdivision 6;
518.167, subdivision 1; 518.551, subdivisions 7, 12,
13; 518.6111, subdivisions 2, 3, 4, 16; 524.3-805;
626.559, subdivision 5; 641.15, subdivision 2; Laws
1997, chapter 203, article 9, section 21, as amended;
Laws 1997, chapter 245, article 2, section 11; 2003
S.F. No. 1019, sections 2, 3, 7, if enacted; proposing
coding for new law in Minnesota Statutes, chapters
62J; 62Q; 62S; 97A; 119B; 144; 144A; 145; 145A; 148C;
245; 246; 256; 256B; 256I; 256J; 256L; 514; proposing
coding for new law as Minnesota Statutes, chapter
256M; repealing Minnesota Statutes 2002, sections
62J.15; 62J.152; 62J.451; 62J.452; 62J.66; 62J.68;
119B.061; 119B.13, subdivision 2; 144.126; 144.1484;
144.1494; 144.1495; 144.1496; 144.1497; 144.401;
144A.071, subdivision 5; 144A.35; 144A.36; 144A.38;
145.882, subdivisions 4, 5, 6, 8; 145.883,
subdivisions 4, 7; 145.884; 145.885; 145.886; 145.888;
145.889; 145.890; 145A.02, subdivisions 9, 10, 11, 12,
13, 14; 145A.09, subdivision 6; 145A.10, subdivisions
5, 6, 8; 145A.11, subdivision 3; 145A.12, subdivisions
3, 4, 5; 145A.14, subdivisions 3, 4; 145A.17,
subdivision 2; 148.5194, subdivision 3a; 148.6445,
subdivision 9; 148C.0351, subdivision 2; 148C.05,
subdivisions 2, 3, 4; 148C.06; 148C.10, subdivision
1a; 245.478; 245.4886; 245.4888; 245.496; 246.017,
subdivision 2; 246.022; 246.06; 246.07; 246.08;
246.11; 246.19; 246.42; 252.025, subdivisions 1, 2, 4,
5, 6; 252.032; 252.10; 252.32, subdivision 2; 253.015,
subdivisions 2, 3; 253.10; 253.19; 253.201; 253.202;
253.25; 253.27; 254A.17; 256.05; 256.06; 256.08;
256.09; 256.10; 256.955, subdivision 8; 256.973;
256.9772; 256B.055, subdivision 10a; 256B.057,
subdivision 1b; 256B.0625, subdivisions 35, 36;
256B.0945, subdivision 10; 256B.437, subdivision 2;
256B.5013, subdivision 4; 256E.01; 256E.02; 256E.03;
256E.04; 256E.05; 256E.06; 256E.07; 256E.08; 256E.081;
256E.09; 256E.10; 256E.11; 256E.115; 256E.13; 256E.14;
256E.15; 256F.01; 256F.02; 256F.03; 256F.04; 256F.05;
256F.06; 256F.07; 256F.08; 256F.11; 256F.12; 256F.14;
256J.02, subdivision 3; 256J.08, subdivisions 28, 70;
256J.24, subdivision 8; 256J.30, subdivision 10;
256J.462; 256J.47; 256J.48; 256J.49, subdivisions 1a,
2, 6, 7; 256J.50, subdivisions 2, 3, 3a, 5, 7;
256J.52; 256J.55, subdivision 5; 256J.62, subdivisions
1, 2a, 4, 6, 7, 8; 256J.625; 256J.655; 256J.74,
subdivision 3; 256J.751, subdivisions 3, 4; 256J.76;
256K.30; 257.075; 257.81; 260.152; 268A.08; 626.562;
Laws 1998, chapter 407, article 4, section 63; Laws
2000, chapter 488, article 10, section 29; Laws 2000,
chapter 489, article 1, section 36; Laws 2001, First
Special Session chapter 3, article 1, section 16; Laws
2001, First Special Session chapter 9, article 13,
section 24; Laws 2002, chapter 374, article 9, section
8; Laws 2003, chapter 55, sections 1, 4; Minnesota
Rules, parts 4705.0100; 4705.0200; 4705.0300;
4705.0400; 4705.0500; 4705.0600; 4705.0700; 4705.0800;
4705.0900; 4705.1000; 4705.1100; 4705.1200; 4705.1300;
4705.1400; 4705.1500; 4705.1600; 4736.0010; 4736.0020;
4736.0030; 4736.0040; 4736.0050; 4736.0060; 4736.0070;
4736.0080; 4736.0090; 4736.0120; 4736.0130; 4747.0030,
subparts 25, 28, 30; 4747.0040, subpart 3, item A;
4747.0060, subpart 1, items A, B, D; 4747.0070,
subparts 4, 5; 4747.0080; 4747.0090; 4747.0100;
4747.0300; 4747.0400, subparts 2, 3; 4747.0500;
4747.0600; 4747.1000; 4747.1100, subpart 3; 4747.1600;
4763.0100; 4763.0110; 4763.0125; 4763.0135; 4763.0140;
4763.0150; 4763.0160; 4763.0170; 4763.0180; 4763.0190;
4763.0205; 4763.0215; 4763.0220; 4763.0230; 4763.0240;
4763.0250; 4763.0260; 4763.0270; 4763.0285; 4763.0295;
4763.0300; 9505.0324; 9505.0326; 9505.0327; 9505.3045;
9505.3050; 9505.3055; 9505.3060; 9505.3068; 9505.3070;
9505.3075; 9505.3080; 9505.3090; 9505.3095; 9505.3100;
9505.3105; 9505.3107; 9505.3110; 9505.3115; 9505.3120;
9505.3125; 9505.3130; 9505.3138; 9505.3139; 9505.3140;
9505.3680; 9505.3690; 9505.3700; 9545.2000; 9545.2010;
9545.2020; 9545.2030; 9545.2040; 9550.0010; 9550.0020;
9550.0030; 9550.0040; 9550.0050; 9550.0060; 9550.0070;
9550.0080; 9550.0090; 9550.0091; 9550.0092; 9550.0093.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
WELFARE REFORM
Section 1. Minnesota Statutes 2002, section 119B.03,
subdivision 4, is amended to read:
Subd. 4. [FUNDING PRIORITY.] (a) First priority for child
care assistance under the basic sliding fee program must be
given to eligible non-MFIP families who do not have a high
school or general equivalency diploma or who need remedial and
basic skill courses in order to pursue employment or to pursue
education leading to employment and who need child care
assistance to participate in the education program. Within this
priority, the following subpriorities must be used:
(1) child care needs of minor parents;
(2) child care needs of parents under 21 years of age; and
(3) child care needs of other parents within the priority
group described in this paragraph.
(b) Second priority must be given to parents who have
completed their MFIP or work first transition year, or parents
who are no longer receiving or eligible for diversionary work
program supports.
(c) Third priority must be given to families who are
eligible for portable basic sliding fee assistance through the
portability pool under subdivision 9.
Sec. 2. Minnesota Statutes 2002, section 256.984,
subdivision 1, is amended to read:
Subdivision 1. [DECLARATION.] Every application for public
assistance under this chapter and/or or chapters 256B, 256D,
256K, MFIP program 256J, and food stamps or food support under
chapter 393 shall be in writing or reduced to writing as
prescribed by the state agency and shall contain the following
declaration which shall be signed by the applicant:
"I declare under the penalties of perjury that this
application has been examined by me and to the best of my
knowledge is a true and correct statement of every material
point. I understand that a person convicted of perjury may
be sentenced to imprisonment of not more than five years or
to payment of a fine of not more than $10,000, or both."
Sec. 3. Minnesota Statutes 2002, section 256D.06,
subdivision 2, is amended to read:
Subd. 2. [EMERGENCY NEED.] Notwithstanding the provisions
of subdivision 1, a grant of emergency general assistance shall,
to the extent funds are available, be made to an eligible single
adult, married couple, or family for an emergency need, as
defined in rules promulgated by the commissioner, where the
recipient requests temporary assistance not exceeding 30 days if
an emergency situation appears to exist and (a) until March 31,
1998, the individual is ineligible for the program of emergency
assistance under aid to families with dependent children and is
not a recipient of aid to families with dependent children at
the time of application; or (b) the individual or family is (i)
ineligible for MFIP or DWP or is not a participant of MFIP; and
(ii) is ineligible for emergency assistance under section
256J.48 or DWP. If an applicant or recipient relates facts to
the county agency which may be sufficient to constitute an
emergency situation, the county agency shall, to the extent
funds are available, advise the person of the procedure for
applying for assistance according to this subdivision. An
emergency general assistance grant is available to a recipient
not more than once in any 12-month period. Funding for an
emergency general assistance program is limited to the
appropriation. Each fiscal year, the commissioner shall
allocate to counties the money appropriated for emergency
general assistance grants based on each county agency's average
share of state's emergency general expenditures for the
immediate past three fiscal years as determined by the
commissioner, and may reallocate any unspent amounts to other
counties. Any emergency general assistance expenditures by a
county above the amount of the commissioner's allocation to the
county must be made from county funds.
Sec. 4. Minnesota Statutes 2002, section 256D.44,
subdivision 5, is amended to read:
Subd. 5. [SPECIAL NEEDS.] In addition to the state
standards of assistance established in subdivisions 1 to 4,
payments are allowed for the following special needs of
recipients of Minnesota supplemental aid who are not residents
of a nursing home, a regional treatment center, or a group
residential housing facility.
(a) The county agency shall pay a monthly allowance for
medically prescribed diets payable under the Minnesota family
investment program if the cost of those additional dietary needs
cannot be met through some other maintenance benefit. The need
for special diets or dietary items must be prescribed by a
licensed physician. Costs for special diets shall be determined
as percentages of the allotment for a one-person household under
the thrifty food plan as defined by the United States Department
of Agriculture. The types of diets and the percentages of the
thrifty food plan that are covered are as follows:
(1) high protein diet, at least 80 grams daily, 25 percent
of thrifty food plan;
(2) controlled protein diet, 40 to 60 grams and requires
special products, 100 percent of thrifty food plan;
(3) controlled protein diet, less than 40 grams and
requires special products, 125 percent of thrifty food plan;
(4) low cholesterol diet, 25 percent of thrifty food plan;
(5) high residue diet, 20 percent of thrifty food plan;
(6) pregnancy and lactation diet, 35 percent of thrifty
food plan;
(7) gluten-free diet, 25 percent of thrifty food plan;
(8) lactose-free diet, 25 percent of thrifty food plan;
(9) antidumping diet, 15 percent of thrifty food plan;
(10) hypoglycemic diet, 15 percent of thrifty food plan; or
(11) ketogenic diet, 25 percent of thrifty food plan.
(b) Payment for nonrecurring special needs must be allowed
for necessary home repairs or necessary repairs or replacement
of household furniture and appliances using the payment standard
of the AFDC program in effect on July 16, 1996, for these
expenses, as long as other funding sources are not available.
(c) A fee for guardian or conservator service is allowed at
a reasonable rate negotiated by the county or approved by the
court. This rate shall not exceed five percent of the
assistance unit's gross monthly income up to a maximum of $100
per month. If the guardian or conservator is a member of the
county agency staff, no fee is allowed.
(d) The county agency shall continue to pay a monthly
allowance of $68 for restaurant meals for a person who was
receiving a restaurant meal allowance on June 1, 1990, and who
eats two or more meals in a restaurant daily. The allowance
must continue until the person has not received Minnesota
supplemental aid for one full calendar month or until the
person's living arrangement changes and the person no longer
meets the criteria for the restaurant meal allowance, whichever
occurs first.
(e) A fee of ten percent of the recipient's gross income or
$25, whichever is less, is allowed for representative payee
services provided by an agency that meets the requirements under
SSI regulations to charge a fee for representative payee
services. This special need is available to all recipients of
Minnesota supplemental aid regardless of their living
arrangement.
(f) Notwithstanding the language in this subdivision, an
amount equal to the maximum allotment authorized by the federal
Food Stamp Program for a single individual which is in effect on
the first day of January of the previous year will be added to
the standards of assistance established in subdivisions 1 to 4
for individuals under the age of 65 who are relocating from an
institution and who are shelter needy. An eligible individual
who receives this benefit prior to age 65 may continue to
receive the benefit after the age of 65.
"Shelter needy" means that the assistance unit incurs
monthly shelter costs that exceed 40 percent of the assistance
unit's gross income before the application of this special needs
standard. "Gross income" for the purposes of this section is
the applicant's or recipient's income as defined in section
256D.35, subdivision 10, or the standard specified in
subdivision 3, whichever is greater. A recipient of a federal
or state housing subsidy, that limits shelter costs to a
percentage of gross income, shall not be considered shelter
needy for purposes of this paragraph.
Sec. 5. Minnesota Statutes 2002, section 256D.46,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY.] A county agency must grant
emergency Minnesota supplemental aid must be granted, to the
extent funds are available, if the recipient is without adequate
resources to resolve an emergency that, if unresolved, will
threaten the health or safety of the recipient. For the
purposes of this section, the term "recipient" includes persons
for whom a group residential housing benefit is being paid under
sections 256I.01 to 256I.06.
Sec. 6. Minnesota Statutes 2002, section 256D.46,
subdivision 3, is amended to read:
Subd. 3. [PAYMENT AMOUNT.] The amount of assistance
granted under emergency Minnesota supplemental aid is limited to
the amount necessary to resolve the emergency. An emergency
Minnesota supplemental aid grant is available to a recipient no
more than once in any 12-month period. Funding for emergency
Minnesota supplemental aid is limited to the appropriation.
Each fiscal year, the commissioner shall allocate to counties
the money appropriated for emergency Minnesota supplemental aid
grants based on each county agency's average share of state's
emergency Minnesota supplemental aid expenditures for the
immediate past three fiscal years as determined by the
commissioner, and may reallocate any unspent amounts to other
counties. Any emergency Minnesota supplemental aid expenditures
by a county above the amount of the commissioner's allocation to
the county must be made from county funds.
Sec. 7. Minnesota Statutes 2002, section 256D.48,
subdivision 1, is amended to read:
Subdivision 1. [NEED FOR PROTECTIVE PAYEE.] The county
agency shall determine whether a recipient needs a protective
payee when a physical or mental condition renders the recipient
unable to manage funds and when payments to the recipient would
be contrary to the recipient's welfare. Protective payments
must be issued when there is evidence of: (1) repeated
inability to plan the use of income to meet necessary
expenditures; (2) repeated observation that the recipient is not
properly fed or clothed; (3) repeated failure to meet
obligations for rent, utilities, food, and other essentials; (4)
evictions or a repeated incurrence of debts; or (5) lost or
stolen checks; or (6) use of emergency Minnesota supplemental
aid more than twice in a calendar year. The determination of
representative payment by the Social Security Administration for
the recipient is sufficient reason for protective payment of
Minnesota supplemental aid payments.
Sec. 8. Minnesota Statutes 2002, section 256J.01,
subdivision 5, is amended to read:
Subd. 5. [COMPLIANCE SYSTEM.] The commissioner shall
administer a compliance system for the state's temporary
assistance for needy families (TANF) program, the food stamp
program, emergency assistance, general assistance, medical
assistance, general assistance medical care, emergency general
assistance, Minnesota supplemental aid, preadmission screening,
child support program, and alternative care grants under the
powers and authorities named in section 256.01, subdivision 2.
The purpose of the compliance system is to permit the
commissioner to supervise the administration of public
assistance programs and to enforce timely and accurate
distribution of benefits, completeness of service and efficient
and effective program management and operations, to increase
uniformity and consistency in the administration and delivery of
public assistance programs throughout the state, and to reduce
the possibility of sanction and fiscal disallowances for
noncompliance with federal regulations and state statutes.
Sec. 9. Minnesota Statutes 2002, section 256J.02,
subdivision 2, is amended to read:
Subd. 2. [USE OF MONEY.] State money appropriated for
purposes of this section and TANF block grant money must be used
for:
(1) financial assistance to or on behalf of any minor child
who is a resident of this state under section 256J.12;
(2) employment and training services under this chapter or
chapter 256K;
(3) emergency financial assistance and services under
section 256J.48;
(4) diversionary assistance under section 256J.47;
(5) the health care and human services training and
retention program under chapter 116L, for costs associated with
families with children with incomes below 200 percent of the
federal poverty guidelines;
(6) (3) the pathways program under section 116L.04,
subdivision 1a;
(7) welfare-to-work extended employment services for MFIP
participants with severe impairment to employment as defined in
section 268A.15, subdivision 1a;
(8) the family homeless prevention and assistance program
under section 462A.204;
(9) the rent assistance for family stabilization
demonstration project under section 462A.205;
(10) (4) welfare to work transportation authorized under
Public Law Number 105-178;
(11) (5) reimbursements for the federal share of child
support collections passed through to the custodial parent;
(12) (6) reimbursements for the working family credit under
section 290.0671;
(13) intensive ESL grants under Laws 2000, chapter 489,
article 1;
(14) transitional housing programs under section 119A.43;
(15) programs and pilot projects under chapter 256K; and
(16) (7) program administration under this chapter;
(8) the diversionary work program under section 256J.95;
(9) the MFIP consolidated fund under section 256J.626; and
(10) the Minnesota department of health consolidated fund
under Laws 2001, First Special Session chapter 9, article 17,
section 3, subdivision 2.
Sec. 10. Minnesota Statutes 2002, section 256J.021, is
amended to read:
256J.021 [SEPARATE STATE PROGRAM FOR USE OF STATE MONEY.]
Beginning October 1, 2001, and each year thereafter, the
commissioner of human services must treat financial assistance
MFIP expenditures made to or on behalf of any minor child under
section 256J.02, subdivision 2, clause (1), who is a resident of
this state under section 256J.12, and who is part of a
two-parent eligible household as expenditures under a separately
funded state program and report those expenditures to the
federal Department of Health and Human Services as separate
state program expenditures under Code of Federal Regulations,
title 45, section 263.5.
Sec. 11. Minnesota Statutes 2002, section 256J.08, is
amended by adding a subdivision to read:
Subd. 11a. [CHILD ONLY CASE.] "Child only case" means a
case that would be part of the child only TANF program under
section 256J.88.
Sec. 12. Minnesota Statutes 2002, section 256J.08, is
amended by adding a subdivision to read:
Subd. 24b. [DIVERSIONARY WORK PROGRAM OR DWP.]
"Diversionary work program" or "DWP" has the meaning given in
section 256J.95.
Sec. 13. Minnesota Statutes 2002, section 256J.08, is
amended by adding a subdivision to read:
Subd. 28b. [EMPLOYABLE.] "Employable" means a person is
capable of performing existing positions in the local labor
market, regardless of the current availability of openings for
those positions.
Sec. 14. Minnesota Statutes 2002, section 256J.08, is
amended by adding a subdivision to read:
Subd. 34a. [FAMILY VIOLENCE.] (a) "Family violence" means
the following, if committed against a family or household member
by a family or household member:
(1) physical harm, bodily injury, or assault;
(2) the infliction of fear of imminent physical harm,
bodily injury, or assault; or
(3) terroristic threats, within the meaning of section
609.713, subdivision 1; criminal sexual conduct, within the
meaning of section 609.342, 609.343, 609.344, 609.345, or
609.3451; or interference with an emergency call within the
meaning of section 609.78, subdivision 2.
(b) For the purposes of family violence, "family or
household member" means:
(1) spouses and former spouses;
(2) parents and children;
(3) persons related by blood;
(4) persons who are residing together or who have resided
together in the past;
(5) persons who have a child in common regardless of
whether they have been married or have lived together at any
time;
(6) a man and woman if the woman is pregnant and the man is
alleged to be the father, regardless of whether they have been
married or have lived together at anytime; and
(7) persons involved in a current or past significant
romantic or sexual relationship.
Sec. 15. Minnesota Statutes, section 256J.08, is amended
by adding a subdivision to read:
Subd. 34b. [FAMILY VIOLENCE WAIVER.] "Family violence
waiver" means a waiver of the 60-month time limit for victims of
family violence who meet the criteria in section 256J.545 and
are complying with an employment plan in section 256J.521,
subdivision 3.
Sec. 16. Minnesota Statutes 2002, section 256J.08,
subdivision 35, is amended to read:
Subd. 35. [FAMILY WAGE LEVEL.] "Family wage level" means
110 percent of the transitional standard as specified in section
256J.24, subdivision 7.
Sec. 17. Minnesota Statutes 2002, section 256J.08, is
amended by adding a subdivision to read:
Subd. 51b. [LEARNING DISABLED.] "Learning disabled," for
purposes of an extension to the 60-month time limit under
section 256J.425, subdivision 3, clause (3), means the person
has a disorder in one or more of the psychological processes
involved in perceiving, understanding, or using concepts through
verbal language or nonverbal means. Learning disabled does not
include learning problems that are primarily the result of
visual, hearing, or motor handicaps, mental retardation,
emotional disturbance, or due to environmental, cultural, or
economic disadvantage.
Sec. 18. Minnesota Statutes 2002, section 256J.08,
subdivision 65, is amended to read:
Subd. 65. [PARTICIPANT.] "Participant" means a person who
is currently receiving cash assistance or the food portion
available through MFIP as funded by TANF and the food stamp
program. A person who fails to withdraw or access
electronically any portion of the person's cash and food
assistance payment by the end of the payment month, who makes a
written request for closure before the first of a payment month
and repays cash and food assistance electronically issued for
that payment month within that payment month, or who returns any
uncashed assistance check and food coupons and withdraws from
the program is not a participant. A person who withdraws a cash
or food assistance payment by electronic transfer or receives
and cashes an MFIP assistance check or food coupons and is
subsequently determined to be ineligible for assistance for that
period of time is a participant, regardless whether that
assistance is repaid. The term "participant" includes the
caregiver relative and the minor child whose needs are included
in the assistance payment. A person in an assistance unit who
does not receive a cash and food assistance payment because the
person case has been suspended from MFIP is a participant. A
person who receives cash payments under the diversionary work
program under section 256J.95 is a participant.
Sec. 19. Minnesota Statutes 2002, section 256J.08, is
amended by adding a subdivision to read:
Subd. 65a. [PARTICIPATION REQUIREMENTS OF
TANF.] "Participation requirements of TANF" means activities and
hourly requirements allowed under title IV-A of the federal
Social Security Act.
Sec. 20. Minnesota Statutes 2002, section 256J.08, is
amended by adding a subdivision to read:
Subd. 73a. [QUALIFIED PROFESSIONAL.] (a) For physical
illness, injury, or incapacity, a "qualified professional" means
a licensed physician, a physician's assistant, a nurse
practitioner, or a licensed chiropractor.
(b) For mental retardation and intelligence testing, a
"qualified professional" means an individual qualified by
training and experience to administer the tests necessary to
make determinations, such as tests of intellectual functioning,
assessments of adaptive behavior, adaptive skills, and
developmental functioning. These professionals include licensed
psychologists, certified school psychologists, or certified
psychometrists working under the supervision of a licensed
psychologist.
(c) For learning disabilities, a "qualified professional"
means a licensed psychologist or school psychologist with
experience determining learning disabilities.
(d) For mental health, a "qualified professional" means a
licensed physician or a qualified mental health professional. A
"qualified mental health professional" means:
(1) for children, in psychiatric nursing, a registered
nurse who is licensed under sections 148.171 to 148.285, and who
is certified as a clinical specialist in child and adolescent
psychiatric or mental health nursing by a national nurse
certification organization or who has a master's degree in
nursing or one of the behavioral sciences or related fields from
an accredited college or university or its equivalent, with at
least 4,000 hours of post-master's supervised experience in the
delivery of clinical services in the treatment of mental
illness;
(2) for adults, in psychiatric nursing, a registered nurse
who is licensed under sections 148.171 to 148.285, and who is
certified as a clinical specialist in adult psychiatric and
mental health nursing by a national nurse certification
organization or who has a master's degree in nursing or one of
the behavioral sciences or related fields from an accredited
college or university or its equivalent, with at least 4,000
hours of post-master's supervised experience in the delivery of
clinical services in the treatment of mental illness;
(3) in clinical social work, a person licensed as an
independent clinical social worker under section 148B.21,
subdivision 6, or a person with a master's degree in social work
from an accredited college or university, with at least 4,000
hours of post-master's supervised experience in the delivery of
clinical services in the treatment of mental illness;
(4) in psychology, an individual licensed by the board of
psychology under sections 148.88 to 148.98, who has stated to
the board of psychology competencies in the diagnosis and
treatment of mental illness;
(5) in psychiatry, a physician licensed under chapter 147
and certified by the American Board of Psychiatry and Neurology
or eligible for board certification in psychiatry; and
(6) in marriage and family therapy, the mental health
professional must be a marriage and family therapist licensed
under sections 148B.29 to 148B.39, with at least two years of
post-master's supervised experience in the delivery of clinical
services in the treatment of mental illness.
Sec. 21. Minnesota Statutes 2002, section 256J.08,
subdivision 82, is amended to read:
Subd. 82. [SANCTION.] "Sanction" means the reduction of a
family's assistance payment by a specified percentage of the
MFIP standard of need because: a nonexempt participant fails to
comply with the requirements of sections 256J.52 256J.515 to
256J.55 256J.57; a parental caregiver fails without good cause
to cooperate with the child support enforcement requirements; or
a participant fails to comply with the insurance, tort
liability, or other requirements of this chapter.
Sec. 22. Minnesota Statutes 2002, section 256J.08, is
amended by adding a subdivision to read:
Subd. 84a. [SSI RECIPIENT.] "SSI recipient" means a person
who receives at least $1 in SSI benefits, or who is not
receiving an SSI benefit due to recoupment or a one month
suspension by the Social Security Administration due to excess
income.
Sec. 23. Minnesota Statutes 2002, section 256J.08,
subdivision 85, is amended to read:
Subd. 85. [TRANSITIONAL STANDARD.] "Transitional standard"
means the basic standard for a family with no other income or a
nonworking family without earned income and is a combination of
the cash assistance needs portion and food assistance needs for
a family of that size portion as specified in section 256J.24,
subdivision 5.
Sec. 24. Minnesota Statutes 2002, section 256J.08, is
amended by adding a subdivision to read:
Subd. 90. [SEVERE FORMS OF TRAFFICKING IN
PERSONS.] "Severe forms of trafficking in persons" means: (1)
sex trafficking in which a commercial sex act is induced by
force, fraud, or coercion, or in which the person induced to
perform the act has not attained 18 years of age; or (2) the
recruitment, harboring, transportation, provision, or obtaining
of a person for labor or services through the use of force,
fraud, or coercion for the purposes of subjection to involuntary
servitude, peonage, debt bondage, or slavery.
Sec. 25. Minnesota Statutes 2002, section 256J.09,
subdivision 2, is amended to read:
Subd. 2. [COUNTY AGENCY RESPONSIBILITY TO PROVIDE
INFORMATION.] When a person inquires about assistance, a county
agency must:
(1) explain the eligibility requirements of, and how to
apply for, diversionary assistance as provided in section
256J.47; emergency assistance as provided in section 256J.48;
MFIP as provided in section 256J.10; or any other assistance for
which the person may be eligible; and
(2) offer the person brochures developed or approved by the
commissioner that describe how to apply for assistance.
Sec. 26. Minnesota Statutes 2002, section 256J.09,
subdivision 3, is amended to read:
Subd. 3. [SUBMITTING THE APPLICATION FORM.] (a) A county
agency must offer, in person or by mail, the application forms
prescribed by the commissioner as soon as a person makes a
written or oral inquiry. At that time, the county agency must:
(1) inform the person that assistance begins with the date
the signed application is received by the county agency or the
date all eligibility criteria are met, whichever is later;
(2) inform the person that any delay in submitting the
application will reduce the amount of assistance paid for the
month of application;
(3) inform a person that the person may submit the
application before an interview;
(4) explain the information that will be verified during
the application process by the county agency as provided in
section 256J.32;
(5) inform a person about the county agency's average
application processing time and explain how the application will
be processed under subdivision 5;
(6) explain how to contact the county agency if a person's
application information changes and how to withdraw the
application;
(7) inform a person that the next step in the application
process is an interview and what a person must do if the
application is approved including, but not limited to, attending
orientation under section 256J.45 and complying with employment
and training services requirements in sections 256J.52 256J.515
to 256J.55 256J.57;
(8) explain the child care and transportation services that
are available under paragraph (c) to enable caregivers to attend
the interview, screening, and orientation; and
(9) identify any language barriers and arrange for
translation assistance during appointments, including, but not
limited to, screening under subdivision 3a, orientation under
section 256J.45, and the initial assessment under section
256J.52 256J.521.
(b) Upon receipt of a signed application, the county agency
must stamp the date of receipt on the face of the application.
The county agency must process the application within the time
period required under subdivision 5. An applicant may withdraw
the application at any time by giving written or oral notice to
the county agency. The county agency must issue a written
notice confirming the withdrawal. The notice must inform the
applicant of the county agency's understanding that the
applicant has withdrawn the application and no longer wants to
pursue it. When, within ten days of the date of the agency's
notice, an applicant informs a county agency, in writing, that
the applicant does not wish to withdraw the application, the
county agency must reinstate the application and finish
processing the application.
(c) Upon a participant's request, the county agency must
arrange for transportation and child care or reimburse the
participant for transportation and child care expenses necessary
to enable participants to attend the screening under subdivision
3a and orientation under section 256J.45.
Sec. 27. Minnesota Statutes 2002, section 256J.09,
subdivision 3a, is amended to read:
Subd. 3a. [SCREENING.] The county agency, or at county
option, the county's employment and training service provider as
defined in section 256J.49, must screen each applicant to
determine immediate needs and to determine if the applicant may
be eligible for:
(1) another program that is not partially funded through
the federal temporary assistance to needy families block grant
under Title I of Public Law Number 104-193, including the
expedited issuance of food stamps under section 256J.28,
subdivision 1. If the applicant may be eligible for another
program, a county caseworker must provide the appropriate
referral to the program;
(2) the diversionary assistance program under section
256J.47; or
(3) the emergency assistance program under section
256J.48. If the applicant appears eligible for another program,
including any program funded by the MFIP consolidated fund, the
county must make a referral to the appropriate program.
Sec. 28. Minnesota Statutes 2002, section 256J.09,
subdivision 3b, is amended to read:
Subd. 3b. [INTERVIEW TO DETERMINE REFERRALS AND SERVICES.]
If the applicant is not diverted from applying for MFIP, and if
the applicant meets the MFIP eligibility requirements, then a
county agency must:
(1) identify an applicant who is under the age of
20 without a high school diploma or its equivalent and explain
to the applicant the assessment procedures and employment plan
requirements for minor parents under section 256J.54;
(2) explain to the applicant the eligibility criteria in
section 256J.545 for an exemption under the family violence
provisions in section 256J.52, subdivision 6 waiver, and explain
what an applicant should do to develop an alternative employment
plan;
(3) determine if an applicant qualifies for an exemption
under section 256J.56 from employment and training services
requirements, explain how a person should report to the county
agency any status changes, and explain that an applicant who is
exempt may volunteer to participate in employment and training
services;
(4) for applicants who are not exempt from the requirement
to attend orientation, arrange for an orientation under section
256J.45 and an initial assessment under section 256J.52
256J.521;
(5) inform an applicant who is not exempt from the
requirement to attend orientation that failure to attend the
orientation is considered an occurrence of noncompliance with
program requirements and will result in an imposition of a
sanction under section 256J.46; and
(6) explain how to contact the county agency if an
applicant has questions about compliance with program
requirements.
Sec. 29. Minnesota Statutes 2002, section 256J.09,
subdivision 8, is amended to read:
Subd. 8. [ADDITIONAL APPLICATIONS.] Until a county agency
issues notice of approval or denial, additional applications
submitted by an applicant are void. However, an application for
monthly assistance or other benefits funded under section
256J.626 and an application for emergency assistance or
emergency general assistance may exist concurrently. More than
one application for monthly assistance, emergency assistance, or
emergency general assistance may exist concurrently when the
county agency decisions on one or more earlier applications have
been appealed to the commissioner, and the applicant asserts
that a change in circumstances has occurred that would allow
eligibility. A county agency must require additional
application forms or supplemental forms as prescribed by the
commissioner when a payee's name changes, or when a caregiver
requests the addition of another person to the assistance unit.
Sec. 30. Minnesota Statutes 2002, section 256J.09,
subdivision 10, is amended to read:
Subd. 10. [APPLICANTS WHO DO NOT MEET ELIGIBILITY
REQUIREMENTS FOR MFIP OR THE DIVERSIONARY WORK PROGRAM.] When an
applicant is not eligible for MFIP or the diversionary work
program under section 256J.95 because the applicant does not
meet eligibility requirements, the county agency must determine
whether the applicant is eligible for food stamps, medical
assistance, diversionary assistance, or has a need for emergency
assistance when the applicant meets the eligibility requirements
for those programs or health care programs. The county must
also inform applicants about resources available through the
county or other agencies to meet short-term emergency needs.
Sec. 31. Minnesota Statutes 2002, section 256J.14, is
amended to read:
256J.14 [ELIGIBILITY FOR PARENTING OR PREGNANT MINORS.]
(a) The definitions in this paragraph only apply to this
subdivision.
(1) "Household of a parent, legal guardian, or other adult
relative" means the place of residence of:
(i) a natural or adoptive parent;
(ii) a legal guardian according to appointment or
acceptance under section 260C.325, 525.615, or 525.6165, and
related laws;
(iii) a caregiver as defined in section 256J.08,
subdivision 11; or
(iv) an appropriate adult relative designated by a county
agency.
(2) "Adult-supervised supportive living arrangement" means
a private family setting which assumes responsibility for the
care and control of the minor parent and minor child, or other
living arrangement, not including a public institution, licensed
by the commissioner of human services which ensures that the
minor parent receives adult supervision and supportive services,
such as counseling, guidance, independent living skills
training, or supervision.
(b) A minor parent and the minor child who is in the care
of the minor parent must reside in the household of a parent,
legal guardian, other adult relative, or in an adult-supervised
supportive living arrangement in order to receive MFIP unless:
(1) the minor parent has no living parent, other adult
relative, or legal guardian whose whereabouts is known;
(2) no living parent, other adult relative, or legal
guardian of the minor parent allows the minor parent to live in
the parent's, other adult relative's, or legal guardian's home;
(3) the minor parent lived apart from the minor parent's
own parent or legal guardian for a period of at least one year
before either the birth of the minor child or the minor parent's
application for MFIP;
(4) the physical or emotional health or safety of the minor
parent or minor child would be jeopardized if the minor parent
and the minor child resided in the same residence with the minor
parent's parent, other adult relative, or legal guardian; or
(5) an adult supervised supportive living arrangement is
not available for the minor parent and child in the county in
which the minor parent and child currently reside. If an adult
supervised supportive living arrangement becomes available
within the county, the minor parent and child must reside in
that arrangement.
(c) The county agency shall inform minor applicants both
orally and in writing about the eligibility requirements, their
rights and obligations under the MFIP program, and any other
applicable orientation information. The county must advise the
minor of the possible exemptions under section 256J.54,
subdivision 5, and specifically ask whether one or more of these
exemptions is applicable. If the minor alleges one or more of
these exemptions, then the county must assist the minor in
obtaining the necessary verifications to determine whether or
not these exemptions apply.
(d) If the county worker has reason to suspect that the
physical or emotional health or safety of the minor parent or
minor child would be jeopardized if they resided with the minor
parent's parent, other adult relative, or legal guardian, then
the county worker must make a referral to child protective
services to determine if paragraph (b), clause (4), applies. A
new determination by the county worker is not necessary if one
has been made within the last six months, unless there has been
a significant change in circumstances which justifies a new
referral and determination.
(e) If a minor parent is not living with a parent, legal
guardian, or other adult relative due to paragraph (b), clause
(1), (2), or (4), the minor parent must reside, when possible,
in a living arrangement that meets the standards of paragraph
(a), clause (2).
(f) Regardless of living arrangement, MFIP must be paid,
when possible, in the form of a protective payment on behalf of
the minor parent and minor child according to section 256J.39,
subdivisions 2 to 4.
Sec. 32. Minnesota Statutes 2002, section 256J.20,
subdivision 3, is amended to read:
Subd. 3. [OTHER PROPERTY LIMITATIONS.] To be eligible for
MFIP, the equity value of all nonexcluded real and personal
property of the assistance unit must not exceed $2,000 for
applicants and $5,000 for ongoing participants. The value of
assets in clauses (1) to (19) must be excluded when determining
the equity value of real and personal property:
(1) a licensed vehicle up to a loan value of less than or
equal to $7,500. The county agency shall apply any excess loan
value as if it were equity value to the asset limit described in
this section. If the assistance unit owns more than one
licensed vehicle, the county agency shall determine the vehicle
with the highest loan value and count only the loan value over
$7,500, excluding: (i) the value of one vehicle per physically
disabled person when the vehicle is needed to transport the
disabled unit member; this exclusion does not apply to mentally
disabled people; (ii) the value of special equipment for a
handicapped member of the assistance unit; and (iii) any vehicle
used for long-distance travel, other than daily commuting, for
the employment of a unit member.
The county agency shall count the loan value of all other
vehicles and apply this amount as if it were equity value to the
asset limit described in this section. To establish the loan
value of vehicles, a county agency must use the N.A.D.A.
Official Used Car Guide, Midwest Edition, for newer model cars.
When a vehicle is not listed in the guidebook, or when the
applicant or participant disputes the loan value listed in the
guidebook as unreasonable given the condition of the particular
vehicle, the county agency may require the applicant or
participant document the loan value by securing a written
statement from a motor vehicle dealer licensed under section
168.27, stating the amount that the dealer would pay to purchase
the vehicle. The county agency shall reimburse the applicant or
participant for the cost of a written statement that documents a
lower loan value;
(2) the value of life insurance policies for members of the
assistance unit;
(3) one burial plot per member of an assistance unit;
(4) the value of personal property needed to produce earned
income, including tools, implements, farm animals, inventory,
business loans, business checking and savings accounts used at
least annually and used exclusively for the operation of a
self-employment business, and any motor vehicles if at least 50
percent of the vehicle's use is to produce income and if the
vehicles are essential for the self-employment business;
(5) the value of personal property not otherwise specified
which is commonly used by household members in day-to-day living
such as clothing, necessary household furniture, equipment, and
other basic maintenance items essential for daily living;
(6) the value of real and personal property owned by a
recipient of Supplemental Security Income or Minnesota
supplemental aid;
(7) the value of corrective payments, but only for the
month in which the payment is received and for the following
month;
(8) a mobile home or other vehicle used by an applicant or
participant as the applicant's or participant's home;
(9) money in a separate escrow account that is needed to
pay real estate taxes or insurance and that is used for this
purpose;
(10) money held in escrow to cover employee FICA, employee
tax withholding, sales tax withholding, employee worker
compensation, business insurance, property rental, property
taxes, and other costs that are paid at least annually, but less
often than monthly;
(11) monthly assistance, emergency assistance, and
diversionary payments for the current month's needs or
short-term emergency needs under section 256J.626, subdivision
2;
(12) the value of school loans, grants, or scholarships for
the period they are intended to cover;
(13) payments listed in section 256J.21, subdivision 2,
clause (9), which are held in escrow for a period not to exceed
three months to replace or repair personal or real property;
(14) income received in a budget month through the end of
the payment month;
(15) savings from earned income of a minor child or a minor
parent that are set aside in a separate account designated
specifically for future education or employment costs;
(16) the federal earned income credit, Minnesota working
family credit, state and federal income tax refunds, state
homeowners and renters credits under chapter 290A, property tax
rebates and other federal or state tax rebates in the month
received and the following month;
(17) payments excluded under federal law as long as those
payments are held in a separate account from any nonexcluded
funds;
(18) the assets of children ineligible to receive MFIP
benefits because foster care or adoption assistance payments are
made on their behalf; and
(19) the assets of persons whose income is excluded under
section 256J.21, subdivision 2, clause (43).
Sec. 33. Minnesota Statutes 2002, section 256J.21,
subdivision 1, is amended to read:
Subdivision 1. [INCOME INCLUSIONS.] To determine MFIP
eligibility, the county agency must evaluate income received by
members of an assistance unit, or by other persons whose income
is considered available to the assistance unit, and only count
income that is available to the member of the assistance unit.
Income is available if the individual has legal access to the
income. All payments, unless specifically excluded in
subdivision 2, must be counted as income. The county agency
shall verify the income of all MFIP recipients and applicants.
Sec. 34. Minnesota Statutes 2002, section 256J.21,
subdivision 2, is amended to read:
Subd. 2. [INCOME EXCLUSIONS.] The following must be
excluded in determining a family's available income:
(1) payments for basic care, difficulty of care, and
clothing allowances received for providing family foster care to
children or adults under Minnesota Rules, parts 9545.0010 to
9545.0260 and 9555.5050 to 9555.6265, and payments received and
used for care and maintenance of a third-party beneficiary who
is not a household member;
(2) reimbursements for employment training received through
the Job Training Partnership Workforce Investment Act 1998,
United States Code, title 29 20, chapter 19 73, sections 1501
to 1792b section 9201;
(3) reimbursement for out-of-pocket expenses incurred while
performing volunteer services, jury duty, employment, or
informal carpooling arrangements directly related to employment;
(4) all educational assistance, except the county agency
must count graduate student teaching assistantships,
fellowships, and other similar paid work as earned income and,
after allowing deductions for any unmet and necessary
educational expenses, shall count scholarships or grants awarded
to graduate students that do not require teaching or research as
unearned income;
(5) loans, regardless of purpose, from public or private
lending institutions, governmental lending institutions, or
governmental agencies;
(6) loans from private individuals, regardless of purpose,
provided an applicant or participant documents that the lender
expects repayment;
(7)(i) state income tax refunds; and
(ii) federal income tax refunds;
(8)(i) federal earned income credits;
(ii) Minnesota working family credits;
(iii) state homeowners and renters credits under chapter
290A; and
(iv) federal or state tax rebates;
(9) funds received for reimbursement, replacement, or
rebate of personal or real property when these payments are made
by public agencies, awarded by a court, solicited through public
appeal, or made as a grant by a federal agency, state or local
government, or disaster assistance organizations, subsequent to
a presidential declaration of disaster;
(10) the portion of an insurance settlement that is used to
pay medical, funeral, and burial expenses, or to repair or
replace insured property;
(11) reimbursements for medical expenses that cannot be
paid by medical assistance;
(12) payments by a vocational rehabilitation program
administered by the state under chapter 268A, except those
payments that are for current living expenses;
(13) in-kind income, including any payments directly made
by a third party to a provider of goods and services;
(14) assistance payments to correct underpayments, but only
for the month in which the payment is received;
(15) emergency assistance payments for short-term emergency
needs under section 256J.626, subdivision 2;
(16) funeral and cemetery payments as provided by section
256.935;
(17) nonrecurring cash gifts of $30 or less, not exceeding
$30 per participant in a calendar month;
(18) any form of energy assistance payment made through
Public Law Number 97-35, Low-Income Home Energy Assistance Act
of 1981, payments made directly to energy providers by other
public and private agencies, and any form of credit or rebate
payment issued by energy providers;
(19) Supplemental Security Income (SSI), including
retroactive SSI payments and other income of an SSI recipient,
except as described in section 256J.37, subdivision 3b;
(20) Minnesota supplemental aid, including retroactive
payments;
(21) proceeds from the sale of real or personal property;
(22) adoption assistance payments under section 259.67;
(23) state-funded family subsidy program payments made
under section 252.32 to help families care for children with
mental retardation or related conditions, consumer support grant
funds under section 256.476, and resources and services for a
disabled household member under one of the home and
community-based waiver services programs under chapter 256B;
(24) interest payments and dividends from property that is
not excluded from and that does not exceed the asset limit;
(25) rent rebates;
(26) income earned by a minor caregiver, minor child
through age 6, or a minor child who is at least a half-time
student in an approved elementary or secondary education
program;
(27) income earned by a caregiver under age 20 who is at
least a half-time student in an approved elementary or secondary
education program;
(28) MFIP child care payments under section 119B.05;
(29) all other payments made through MFIP to support a
caregiver's pursuit of greater self-support economic stability;
(30) income a participant receives related to shared living
expenses;
(31) reverse mortgages;
(32) benefits provided by the Child Nutrition Act of 1966,
United States Code, title 42, chapter 13A, sections 1771 to
1790;
(33) benefits provided by the women, infants, and children
(WIC) nutrition program, United States Code, title 42, chapter
13A, section 1786;
(34) benefits from the National School Lunch Act, United
States Code, title 42, chapter 13, sections 1751 to 1769e;
(35) relocation assistance for displaced persons under the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, United States Code, title 42, chapter 61,
subchapter II, section 4636, or the National Housing Act, United
States Code, title 12, chapter 13, sections 1701 to 1750jj;
(36) benefits from the Trade Act of 1974, United States
Code, title 19, chapter 12, part 2, sections 2271 to 2322;
(37) war reparations payments to Japanese Americans and
Aleuts under United States Code, title 50, sections 1989 to
1989d;
(38) payments to veterans or their dependents as a result
of legal settlements regarding Agent Orange or other chemical
exposure under Public Law Number 101-239, section 10405,
paragraph (a)(2)(E);
(39) income that is otherwise specifically excluded from
MFIP consideration in federal law, state law, or federal
regulation;
(40) security and utility deposit refunds;
(41) American Indian tribal land settlements excluded under
Public Law Numbers Laws 98-123, 98-124, and 99-377 to the
Mississippi Band Chippewa Indians of White Earth, Leech Lake,
and Mille Lacs reservations and payments to members of the White
Earth Band, under United States Code, title 25, chapter 9,
section 331, and chapter 16, section 1407;
(42) all income of the minor parent's parents and
stepparents when determining the grant for the minor parent in
households that include a minor parent living with parents or
stepparents on MFIP with other children;
(43) income of the minor parent's parents and stepparents
equal to 200 percent of the federal poverty guideline for a
family size not including the minor parent and the minor
parent's child in households that include a minor parent living
with parents or stepparents not on MFIP when determining the
grant for the minor parent. The remainder of income is deemed
as specified in section 256J.37, subdivision 1b;
(44) payments made to children eligible for relative
custody assistance under section 257.85;
(45) vendor payments for goods and services made on behalf
of a client unless the client has the option of receiving the
payment in cash; and
(46) the principal portion of a contract for deed payment.
Sec. 35. Minnesota Statutes 2002, section 256J.24,
subdivision 3, is amended to read:
Subd. 3. [INDIVIDUALS WHO MUST BE EXCLUDED FROM AN
ASSISTANCE UNIT.] (a) The following individuals who are part of
the assistance unit determined under subdivision 2 are
ineligible to receive MFIP:
(1) individuals receiving who are recipients of
Supplemental Security Income or Minnesota supplemental aid;
(2) individuals disqualified from the food stamp program or
MFIP, until the disqualification ends;
(3) children on whose behalf federal, state or local foster
care payments are made, except as provided in sections 256J.13,
subdivision 2, and 256J.74, subdivision 2; and
(4) children receiving ongoing monthly adoption assistance
payments under section 259.67.
(b) The exclusion of a person under this subdivision does
not alter the mandatory assistance unit composition.
Sec. 36. Minnesota Statutes 2002, section 256J.24,
subdivision 5, is amended to read:
Subd. 5. [MFIP TRANSITIONAL STANDARD.] The following table
represents the MFIP transitional standard table when all members
of is based on the number of persons in the assistance unit are
eligible for both food and cash assistance unless the
restrictions in subdivision 6 on the birth of a child apply.
The following table represents the transitional standards
effective October 1, 2002.
Number of Transitional Cash Food
Eligible People Standard Portion Portion
1 $351 $370: $250 $120
2 $609 $658: $437 $221
3 $763 $844: $532 $312
4 $903 $998: $621 $377
5 $1,025 $1,135: $697 $438
6 $1,165 $1,296: $773 $523
7 $1,273 $1,414: $850 $564
8 $1,403 $1,558: $916 $642
9 $1,530 $1,700: $980 $720
10 $1,653 $1,836: $1,035 $801
over 10 add $121 $136: $53 $83
per additional member.
The commissioner shall annually publish in the State
Register the transitional standard for an assistance unit sizes
1 to 10 including a breakdown of the cash and food portions.
Sec. 37. Minnesota Statutes 2002, section 256J.24,
subdivision 6, is amended to read:
Subd. 6. [APPLICATION OF ASSISTANCE STANDARDS FAMILY CAP.]
The standards apply to the number of eligible persons in the
assistance unit. (a) MFIP assistance units shall not receive an
increase in the cash portion of the transitional standard as a
result of the birth of a child, unless one of the conditions
under paragraph (b) is met. The child shall be considered a
member of the assistance unit according to subdivisions 1 to 3,
but shall be excluded in determining family size for purposes of
determining the amount of the cash portion of the transitional
standard under subdivision 5. The child shall be included in
determining family size for purposes of determining the food
portion of the transitional standard. The transitional standard
under this subdivision shall be the total of the cash and food
portions as specified in this paragraph. The family wage level
under this subdivision shall be based on the family size used to
determine the food portion of the transitional standard.
(b) A child shall be included in determining family size
for purposes of determining the amount of the cash portion of
the MFIP transitional standard when at least one of the
following conditions is met:
(1) for families receiving MFIP assistance on July 1, 2003,
the child is born to the adult parent before May 1, 2004;
(2) for families who apply for the diversionary work
program under section 256J.95 or MFIP assistance on or after
July 1, 2003, the child is born to the adult parent within ten
months of the date the family is eligible for assistance;
(3) the child was conceived as a result of a sexual assault
or incest, provided that the incident has been reported to a law
enforcement agency;
(4) the child's mother is a minor caregiver as defined in
section 256J.08, subdivision 59, and the child, or multiple
children, are the mother's first birth; or
(5) any child previously excluded in determining family
size under paragraph (a) shall be included if the adult parent
or parents have not received benefits from the diversionary work
program under section 256J.95 or MFIP assistance in the previous
ten months. An adult parent or parents who reapply and have
received benefits from the diversionary work program or MFIP
assistance in the past ten months shall be under the ten-month
grace period of their previous application under clause (2).
(c) Income and resources of a child excluded under this
subdivision, except child support received or distributed on
behalf of this child, must be considered using the same policies
as for other children when determining the grant amount of the
assistance unit.
(d) The caregiver must assign support and cooperate with
the child support enforcement agency to establish paternity and
collect child support on behalf of the excluded child. Failure
to cooperate results in the sanction specified in section
256J.46, subdivisions 2 and 2a. Current support paid on behalf
of the excluded child shall be distributed according to section
256.741, subdivision 15.
(e) County agencies must inform applicants of the
provisions under this subdivision at the time of each
application and at recertification.
(f) Children excluded under this provision shall be deemed
MFIP recipients for purposes of child care under chapter 119B.
Sec. 38. Minnesota Statutes 2002, section 256J.24,
subdivision 7, is amended to read:
Subd. 7. [FAMILY WAGE LEVEL STANDARD.] The family wage
level standard is 110 percent of the transitional standard under
subdivision 5 or 6, when applicable, and is the standard used
when there is earned income in the assistance unit. As
specified in section 256J.21, earned income is subtracted from
the family wage level to determine the amount of the assistance
payment. Not including The family wage level standard,
assistance payments payment may not exceed the MFIP standard of
need transitional standard under subdivision 5 or 6, or the
shared household standard under subdivision 9, whichever is
applicable, for the assistance unit.
Sec. 39. Minnesota Statutes 2002, section 256J.24,
subdivision 10, is amended to read:
Subd. 10. [MFIP EXIT LEVEL.] The commissioner shall adjust
the MFIP earned income disregard to ensure that most
participants do not lose eligibility for MFIP until their income
reaches at least 120 115 percent of the federal poverty
guidelines in effect in October of each fiscal year. The
adjustment to the disregard shall be based on a household size
of three, and the resulting earned income disregard percentage
must be applied to all household sizes. The adjustment under
this subdivision must be implemented at the same time as the
October food stamp cost-of-living adjustment is reflected in the
food portion of MFIP transitional standard as required under
subdivision 5a.
Sec. 40. Minnesota Statutes 2002, section 256J.30,
subdivision 9, is amended to read:
Subd. 9. [CHANGES THAT MUST BE REPORTED.] A caregiver must
report the changes or anticipated changes specified in clauses
(1) to (17) (16) within ten days of the date they occur, at the
time of the periodic recertification of eligibility under
section 256J.32, subdivision 6, or within eight calendar days of
a reporting period as in subdivision 5 or 6, whichever occurs
first. A caregiver must report other changes at the time of the
periodic recertification of eligibility under section 256J.32,
subdivision 6, or at the end of a reporting period under
subdivision 5 or 6, as applicable. A caregiver must make these
reports in writing to the county agency. When a county agency
could have reduced or terminated assistance for one or more
payment months if a delay in reporting a change specified under
clauses (1) to (16) (15) had not occurred, the county agency
must determine whether a timely notice under section 256J.31,
subdivision 4, could have been issued on the day that the change
occurred. When a timely notice could have been issued, each
month's overpayment subsequent to that notice must be considered
a client error overpayment under section 256J.38. Calculation
of overpayments for late reporting under clause (17) (16) is
specified in section 256J.09, subdivision 9. Changes in
circumstances which must be reported within ten days must also
be reported on the MFIP household report form for the reporting
period in which those changes occurred. Within ten days, a
caregiver must report:
(1) a change in initial employment;
(2) a change in initial receipt of unearned income;
(3) a recurring change in unearned income;
(4) a nonrecurring change of unearned income that exceeds
$30;
(5) the receipt of a lump sum;
(6) an increase in assets that may cause the assistance
unit to exceed asset limits;
(7) a change in the physical or mental status of an
incapacitated member of the assistance unit if the physical or
mental status is the basis of exemption from an MFIP employment
services program under section 256J.56, or as the basis for
reducing the hourly participation requirements under section
256J.55, subdivision 1, or the type of activities included in an
employment plan under section 256J.521, subdivision 2;
(8) a change in employment status;
(9) information affecting an exception under section
256J.24, subdivision 9;
(10) a change in health insurance coverage;
(11) the marriage or divorce of an assistance unit member;
(12) (11) the death of a parent, minor child, or
financially responsible person;
(13) (12) a change in address or living quarters of the
assistance unit;
(14) (13) the sale, purchase, or other transfer of
property;
(15) (14) a change in school attendance of a custodial
parent caregiver under age 20 or an employed child;
(16) (15) filing a lawsuit, a workers' compensation claim,
or a monetary claim against a third party; and
(17) (16) a change in household composition, including
births, returns to and departures from the home of assistance
unit members and financially responsible persons, or a change in
the custody of a minor child.
Sec. 41. Minnesota Statutes 2002, section 256J.32,
subdivision 2, is amended to read:
Subd. 2. [DOCUMENTATION.] The applicant or participant
must document the information required under subdivisions 4 to 6
or authorize the county agency to verify the information. The
applicant or participant has the burden of providing documentary
evidence to verify eligibility. The county agency shall assist
the applicant or participant in obtaining required documents
when the applicant or participant is unable to do so. When an
applicant or participant and the county agency are unable to
obtain documents needed to verify information, the county agency
may accept an affidavit from an applicant or participant as
sufficient documentation. The county agency may accept an
affidavit only for factors specified under subdivision 8.
Sec. 42. Minnesota Statutes 2002, section 256J.32,
subdivision 4, is amended to read:
Subd. 4. [FACTORS TO BE VERIFIED.] The county agency shall
verify the following at application:
(1) identity of adults;
(2) presence of the minor child in the home, if
questionable;
(3) relationship of a minor child to caregivers in the
assistance unit;
(4) age, if necessary to determine MFIP eligibility;
(5) immigration status;
(6) social security number according to the requirements of
section 256J.30, subdivision 12;
(7) income;
(8) self-employment expenses used as a deduction;
(9) source and purpose of deposits and withdrawals from
business accounts;
(10) spousal support and child support payments made to
persons outside the household;
(11) real property;
(12) vehicles;
(13) checking and savings accounts;
(14) savings certificates, savings bonds, stocks, and
individual retirement accounts;
(15) pregnancy, if related to eligibility;
(16) inconsistent information, if related to eligibility;
(17) medical insurance;
(18) burial accounts;
(19) (18) school attendance, if related to eligibility;
(20) (19) residence;
(21) (20) a claim of family violence if used as a basis for
a to qualify for the family violence waiver from the 60-month
time limit in section 256J.42 and regular employment and
training services requirements in section 256J.56;
(22) (21) disability if used as the basis for an exemption
from employment and training services requirements under section
256J.56 or as the basis for reducing the hourly participation
requirements under section 256J.55, subdivision 1, or the type
of activity included in an employment plan under section
256J.521, subdivision 2; and
(23) (22) information needed to establish an exception
under section 256J.24, subdivision 9.
Sec. 43. Minnesota Statutes 2002, section 256J.32,
subdivision 5a, is amended to read:
Subd. 5a. [INCONSISTENT INFORMATION.] When the county
agency verifies inconsistent information under subdivision 4,
clause (16), or 6, clause (4) (5), the reason for verifying the
information must be documented in the financial case record.
Sec. 44. Minnesota Statutes 2002, section 256J.32, is
amended by adding a subdivision to read:
Subd. 8. [AFFIDAVIT.] The county agency may accept an
affidavit from the applicant or recipient as sufficient
documentation at the time of application or recertification only
for the following factors:
(1) a claim of family violence if used as a basis to
qualify for the family violence waiver;
(2) information needed to establish an exception under
section 256J.24, subdivision 9;
(3) relationship of a minor child to caregivers in the
assistance unit; and
(4) citizenship status from a noncitizen who reports to be,
or is identified as, a victim of severe forms of trafficking in
persons, if the noncitizen reports that the noncitizen's
immigration documents are being held by an individual or group
of individuals against the noncitizen's will. The noncitizen
must follow up with the Office of Refugee Resettlement (ORR) to
pursue certification. If verification that certification is
being pursued is not received within 30 days, the MFIP case must
be closed and the agency shall pursue overpayments. The ORR
documents certifying the noncitizen's status as a victim of
severe forms of trafficking in persons, or the reason for the
delay in processing, must be received within 90 days, or the
MFIP case must be closed and the agency shall pursue
overpayments.
Sec. 45. Minnesota Statutes 2002, section 256J.37, is
amended by adding a subdivision to read:
Subd. 3a. [RENTAL SUBSIDIES; UNEARNED INCOME.] (a)
Effective July 1, 2003, the county agency shall count $50 of the
value of public and assisted rental subsidies provided through
the Department of Housing and Urban Development (HUD) as
unearned income to the cash portion of the MFIP grant. The full
amount of the subsidy must be counted as unearned income when
the subsidy is less than $50. The income from this subsidy
shall be budgeted according to section 256J.34.
(b) The provisions of this subdivision shall not apply to
an MFIP assistance unit which includes a participant who is:
(1) age 60 or older;
(2) a caregiver who is suffering from an illness, injury,
or incapacity that has been certified by a qualified
professional when the illness, injury, or incapacity is expected
to continue for more than 30 days and prevents the person from
obtaining or retaining employment; or
(3) a caregiver whose presence in the home is required due
to the illness or incapacity of another member in the assistance
unit, a relative in the household, or a foster child in the
household when the illness or incapacity and the need for the
participant's presence in the home has been certified by a
qualified professional and is expected to continue for more than
30 days.
(c) The provisions of this subdivision shall not apply to
an MFIP assistance unit where the parental caregiver is an SSI
recipient.
(d) Prior to implementing this provision, the commissioner
must identify the MFIP participants subject to this provision
and provide written notice to these participants at least 30
days before the first grant reduction. The notice must inform
the participant of the basis for the potential grant reduction,
the exceptions to the provision, if any, and inform the
participant of the steps necessary to claim an exception. A
person who is found not to meet one of the exceptions to the
provision must be notified and informed of the right to a fair
hearing under section 256J.40. The notice must also inform the
participant that the participant may be eligible for a rent
reduction resulting from a reduction in the MFIP grant, and
encourage the participant to contact the local housing authority.
Sec. 46. Minnesota Statutes 2002, section 256J.37, is
amended by adding a subdivision to read:
Subd. 3b. [TREATMENT OF SUPPLEMENTAL SECURITY
INCOME.] Effective July 1, 2003, the county shall reduce the
cash portion of the MFIP grant by $125 per SSI recipient who
resides in the household, and who would otherwise be included in
the MFIP assistance unit under section 256J.24, subdivision 2,
but is excluded solely due to the SSI recipient status under
section 256J.24, subdivision 3, paragraph (a), clause (1). If
the SSI recipient receives less than $125 of SSI, only the
amount received shall be used in calculating the MFIP cash
assistance payment. This provision does not apply to relative
caregivers who could elect to be included in the MFIP assistance
unit under section 256J.24, subdivision 4, unless the
caregiver's children or stepchildren are included in the MFIP
assistance unit.
Sec. 47. Minnesota Statutes 2002, section 256J.37,
subdivision 9, is amended to read:
Subd. 9. [UNEARNED INCOME.] (a) The county agency must
apply unearned income to the MFIP standard of need. When
determining the amount of unearned income, the county agency
must deduct the costs necessary to secure payments of unearned
income. These costs include legal fees, medical fees, and
mandatory deductions such as federal and state income taxes.
(b) Effective July 1, 2003, the county agency shall count
$100 of the value of public and assisted rental subsidies
provided through the Department of Housing and Urban Development
(HUD) as unearned income. The full amount of the subsidy must
be counted as unearned income when the subsidy is less than $100.
(c) The provisions of paragraph (b) shall not apply to MFIP
participants who are exempt from the employment and training
services component because they are:
(i) individuals who are age 60 or older;
(ii) individuals who are suffering from a professionally
certified permanent or temporary illness, injury, or incapacity
which is expected to continue for more than 30 days and which
prevents the person from obtaining or retaining employment; or
(iii) caregivers whose presence in the home is required
because of the professionally certified illness or incapacity of
another member in the assistance unit, a relative in the
household, or a foster child in the household.
(d) The provisions of paragraph (b) shall not apply to an
MFIP assistance unit where the parental caregiver receives
supplemental security income.
Sec. 48. Minnesota Statutes 2002, section 256J.38,
subdivision 3, is amended to read:
Subd. 3. [RECOVERING OVERPAYMENTS FROM FORMER
PARTICIPANTS.] A county agency must initiate efforts to recover
overpayments paid to a former participant or caregiver. Adults
Caregivers, both parental and nonparental, and minor caregivers
of an assistance unit at the time an overpayment occurs, whether
receiving assistance or not, are jointly and individually liable
for repayment of the overpayment. The county agency must
request repayment from the former participants and caregivers.
When an agreement for repayment is not completed within six
months of the date of discovery or when there is a default on an
agreement for repayment after six months, the county agency must
initiate recovery consistent with chapter 270A, or section
541.05. When a person has been convicted of fraud under section
256.98, recovery must be sought regardless of the amount of
overpayment. When an overpayment is less than $35, and is not
the result of a fraud conviction under section 256.98, the
county agency must not seek recovery under this subdivision.
The county agency must retain information about all overpayments
regardless of the amount. When an adult, adult caregiver, or
minor caregiver reapplies for assistance, the overpayment must
be recouped under subdivision 4.
Sec. 49. Minnesota Statutes 2002, section 256J.38,
subdivision 4, is amended to read:
Subd. 4. [RECOUPING OVERPAYMENTS FROM PARTICIPANTS.] A
participant may voluntarily repay, in part or in full, an
overpayment even if assistance is reduced under this
subdivision, until the total amount of the overpayment is
repaid. When an overpayment occurs due to fraud, the county
agency must recover from the overpaid assistance unit, including
child only cases, ten percent of the applicable standard or the
amount of the monthly assistance payment, whichever is less.
When a nonfraud overpayment occurs, the county agency must
recover from the overpaid assistance unit, including child only
cases, three percent of the MFIP standard of need or the amount
of the monthly assistance payment, whichever is less.
Sec. 50. Minnesota Statutes 2002, section 256J.40, is
amended to read:
256J.40 [FAIR HEARINGS.]
Caregivers receiving a notice of intent to sanction or a
notice of adverse action that includes a sanction, reduction in
benefits, suspension of benefits, denial of benefits, or
termination of benefits may request a fair hearing. A request
for a fair hearing must be submitted in writing to the county
agency or to the commissioner and must be mailed within 30 days
after a participant or former participant receives written
notice of the agency's action or within 90 days when a
participant or former participant shows good cause for not
submitting the request within 30 days. A former participant who
receives a notice of adverse action due to an overpayment may
appeal the adverse action according to the requirements in this
section. Issues that may be appealed are:
(1) the amount of the assistance payment;
(2) a suspension, reduction, denial, or termination of
assistance;
(3) the basis for an overpayment, the calculated amount of
an overpayment, and the level of recoupment;
(4) the eligibility for an assistance payment; and
(5) the use of protective or vendor payments under section
256J.39, subdivision 2, clauses (1) to (3).
Except for benefits issued under section 256J.95, a county
agency must not reduce, suspend, or terminate payment when an
aggrieved participant requests a fair hearing prior to the
effective date of the adverse action or within ten days of the
mailing of the notice of adverse action, whichever is later,
unless the participant requests in writing not to receive
continued assistance pending a hearing decision. An appeal
request cannot extend benefits for the diversionary work program
under section 256J.95 beyond the four-month time limit.
Assistance issued pending a fair hearing is subject to recovery
under section 256J.38 when as a result of the fair hearing
decision the participant is determined ineligible for assistance
or the amount of the assistance received. A county agency may
increase or reduce an assistance payment while an appeal is
pending when the circumstances of the participant change and are
not related to the issue on appeal. The commissioner's order is
binding on a county agency. No additional notice is required to
enforce the commissioner's order.
A county agency shall reimburse appellants for reasonable
and necessary expenses of attendance at the hearing, such as
child care and transportation costs and for the transportation
expenses of the appellant's witnesses and representatives to and
from the hearing. Reasonable and necessary expenses do not
include legal fees. Fair hearings must be conducted at a
reasonable time and date by an impartial referee employed by the
department. The hearing may be conducted by telephone or at a
site that is readily accessible to persons with disabilities.
The appellant may introduce new or additional evidence
relevant to the issues on appeal. Recommendations of the
appeals referee and decisions of the commissioner must be based
on evidence in the hearing record and are not limited to a
review of the county agency action.
Sec. 51. Minnesota Statutes 2002, section 256J.42,
subdivision 4, is amended to read:
Subd. 4. [VICTIMS OF FAMILY VIOLENCE.] Any cash assistance
received by an assistance unit in a month when a caregiver
complied with a safety plan, an alternative employment plan, or
an employment plan or after October 1, 2001, complied or is
complying with an alternative employment plan under section
256J.49 256J.521, subdivision 1a 3, does not count toward the
60-month limitation on assistance.
Sec. 52. Minnesota Statutes 2002, section 256J.42,
subdivision 5, is amended to read:
Subd. 5. [EXEMPTION FOR CERTAIN FAMILIES.] (a) Any cash
assistance received by an assistance unit does not count toward
the 60-month limit on assistance during a month in which the
caregiver is in the category in age 60 or older, including
months during which the caregiver was exempt under section
256J.56, paragraph (a), clause (1).
(b) From July 1, 1997, until the date MFIP is operative in
the caregiver's county of financial responsibility, any cash
assistance received by a caregiver who is complying with
Minnesota Statutes 1996, section 256.73, subdivision 5a, and
Minnesota Statutes 1998, section 256.736, if applicable, does
not count toward the 60-month limit on assistance. Thereafter,
any cash assistance received by a minor caregiver who is
complying with the requirements of sections 256J.14 and 256J.54,
if applicable, does not count towards the 60-month limit on
assistance.
(c) Any diversionary assistance or emergency assistance
received prior to July 1, 2003, does not count toward the
60-month limit.
(d) Any cash assistance received by an 18- or 19-year-old
caregiver who is complying with the requirements of an
employment plan that includes an education option under section
256J.54 does not count toward the 60-month limit.
(e) Payments provided to meet short-term emergency needs
under section 256J.626 and diversionary work program benefits
provided under section 256J.95 do not count toward the 60-month
time limit.
Sec. 53. Minnesota Statutes 2002, section 256J.42,
subdivision 6, is amended to read:
Subd. 6. [CASE REVIEW.] (a) Within 180 days, but not less
than 60 days, before the end of the participant's 60th month on
assistance, the county agency or job counselor must review the
participant's case to determine if the employment plan is still
appropriate or if the participant is exempt under section
256J.56 from the employment and training services component, and
attempt to meet with the participant face-to-face.
(b) During the face-to-face meeting, a county agency or the
job counselor must:
(1) inform the participant how many months of counted
assistance the participant has accrued and when the participant
is expected to reach the 60th month;
(2) explain the hardship extension criteria under section
256J.425 and what the participant should do if the participant
thinks a hardship extension applies;
(3) identify other resources that may be available to the
participant to meet the needs of the family; and
(4) inform the participant of the right to appeal the case
closure under section 256J.40.
(c) If a face-to-face meeting is not possible, the county
agency must send the participant a notice of adverse action as
provided in section 256J.31, subdivisions 4 and 5.
(d) Before a participant's case is closed under this
section, the county must ensure that:
(1) the case has been reviewed by the job counselor's
supervisor or the review team designated in by the county's
approved local service unit plan county to determine if the
criteria for a hardship extension, if requested, were applied
appropriately; and
(2) the county agency or the job counselor attempted to
meet with the participant face-to-face.
Sec. 54. Minnesota Statutes 2002, section 256J.425,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY.] (a) To be eligible for a
hardship extension, a participant in an assistance unit subject
to the time limit under section 256J.42, subdivision 1, in which
any participant has received 60 counted months of assistance,
must be in compliance in the participant's 60th counted month
the participant is applying for the extension. For purposes of
determining eligibility for a hardship extension, a participant
is in compliance in any month that the participant has not been
sanctioned.
(b) If one participant in a two-parent assistance unit is
determined to be ineligible for a hardship extension, the county
shall give the assistance unit the option of disqualifying the
ineligible participant from MFIP. In that case, the assistance
unit shall be treated as a one-parent assistance unit and the
assistance unit's MFIP grant shall be calculated using the
shared household standard under section 256J.08, subdivision 82a.
Sec. 55. Minnesota Statutes 2002, section 256J.425,
subdivision 1a, is amended to read:
Subd. 1a. [REVIEW.] If a county grants a hardship
extension under this section, a county agency shall review the
case every six or 12 months, whichever is appropriate based on
the participant's circumstances and the extension
category. More frequent reviews shall be required if
eligibility for an extension is based on a condition that is
subject to change in less than six months.
Sec. 56. Minnesota Statutes 2002, section 256J.425,
subdivision 2, is amended to read:
Subd. 2. [ILL OR INCAPACITATED.] (a) An assistance unit
subject to the time limit in section 256J.42, subdivision 1, in
which any participant has received 60 counted months of
assistance, is eligible to receive months of assistance under a
hardship extension if the participant who reached the time limit
belongs to any of the following groups:
(1) participants who are suffering from a professionally
certified an illness, injury, or incapacity which has been
certified by a qualified professional when the illness, injury,
or incapacity is expected to continue for more than 30 days
and which prevents the person from obtaining or retaining
employment and who are following. These participants must
follow the treatment recommendations of the health care provider
qualified professional certifying the illness, injury, or
incapacity;
(2) participants whose presence in the home is required as
a caregiver because of a professionally certified the illness,
injury, or incapacity of another member in the assistance unit,
a relative in the household, or a foster child in the
household and when the illness or incapacity and the need for a
person to provide assistance in the home has been certified by a
qualified professional and is expected to continue for more than
30 days; or
(3) caregivers with a child or an adult in the household
who meets the disability or medical criteria for home care
services under section 256B.0627, subdivision 1, paragraph
(c) (f), or a home and community-based waiver services program
under chapter 256B, or meets the criteria for severe emotional
disturbance under section 245.4871, subdivision 6, or for
serious and persistent mental illness under section 245.462,
subdivision 20, paragraph (c). Caregivers in this category are
presumed to be prevented from obtaining or retaining employment.
(b) An assistance unit receiving assistance under a
hardship extension under this subdivision may continue to
receive assistance as long as the participant meets the criteria
in paragraph (a), clause (1), (2), or (3).
Sec. 57. Minnesota Statutes 2002, section 256J.425,
subdivision 3, is amended to read:
Subd. 3. [HARD-TO-EMPLOY PARTICIPANTS.] An assistance unit
subject to the time limit in section 256J.42, subdivision 1, in
which any participant has received 60 counted months of
assistance, is eligible to receive months of assistance under a
hardship extension if the participant who reached the time limit
belongs to any of the following groups:
(1) a person who is diagnosed by a licensed physician,
psychological practitioner, or other qualified professional, as
mentally retarded or mentally ill, and that condition prevents
the person from obtaining or retaining unsubsidized employment;
(2) a person who:
(i) has been assessed by a vocational specialist or the
county agency to be unemployable for purposes of this
subdivision; or
(ii) has an IQ below 80 who has been assessed by a
vocational specialist or a county agency to be employable, but
not at a level that makes the participant eligible for an
extension under subdivision 4 or,. The determination of IQ
level must be made by a qualified professional. In the case of
a non-English-speaking person for whom it is not possible to
provide a determination due to language barriers or absence of
culturally appropriate assessment tools, is determined by a
qualified professional to have an IQ below 80. A person is
considered employable if positions of employment in the local
labor market exist, regardless of the current availability of
openings for those positions, that the person is capable of
performing: (A) the determination must be made by a qualified
professional with experience conducting culturally appropriate
assessments, whenever possible; (B) the county may accept
reports that identify an IQ range as opposed to a specific
score; (C) these reports must include a statement of confidence
in the results;
(3) a person who is determined by the county agency a
qualified professional to be learning disabled or, and the
disability severely limits the person's ability to obtain,
perform, or maintain suitable employment. For purposes of the
initial approval of a learning disability extension, the
determination must have been made or confirmed within the
previous 12 months. In the case of a non-English-speaking
person for whom it is not possible to provide a medical
diagnosis due to language barriers or absence of culturally
appropriate assessment tools, is determined by a qualified
professional to have a learning disability. If a rehabilitation
plan for the person is developed or approved by the county
agency, the plan must be incorporated into the employment plan.
However, a rehabilitation plan does not replace the requirement
to develop and comply with an employment plan under section
256J.52. For purposes of this section, "learning disabled"
means the applicant or recipient has a disorder in one or more
of the psychological processes involved in perceiving,
understanding, or using concepts through verbal language or
nonverbal means. The disability must severely limit the
applicant or recipient in obtaining, performing, or maintaining
suitable employment. Learning disabled does not include
learning problems that are primarily the result of visual,
hearing, or motor handicaps; mental retardation; emotional
disturbance; or due to environmental, cultural, or economic
disadvantage: (i) the determination must be made by a qualified
professional with experience conducting culturally appropriate
assessments, whenever possible; and (ii) these reports must
include a statement of confidence in the results. If a
rehabilitation plan for a participant extended as learning
disabled is developed or approved by the county agency, the plan
must be incorporated into the employment plan. However, a
rehabilitation plan does not replace the requirement to develop
and comply with an employment plan under section 256J.521; or
(4) a person who is a victim of has been granted a family
violence as defined in section 256J.49, subdivision 2 waiver,
and who is participating in complying with an alternative
employment plan under section 256J.49 256J.521, subdivision 1a
3.
Sec. 58. Minnesota Statutes 2002, section 256J.425,
subdivision 4, is amended to read:
Subd. 4. [EMPLOYED PARTICIPANTS.] (a) An assistance unit
subject to the time limit under section 256J.42, subdivision 1,
in which any participant has received 60 months of assistance,
is eligible to receive assistance under a hardship extension if
the participant who reached the time limit belongs to:
(1) a one-parent assistance unit in which the participant
is participating in work activities for at least 30 hours per
week, of which an average of at least 25 hours per week every
month are spent participating in employment;
(2) a two-parent assistance unit in which the participants
are participating in work activities for at least 55 hours per
week, of which an average of at least 45 hours per week every
month are spent participating in employment; or
(3) an assistance unit in which a participant is
participating in employment for fewer hours than those specified
in clause (1), and the participant submits verification from a
health care provider qualified professional, in a form
acceptable to the commissioner, stating that the number of hours
the participant may work is limited due to illness or
disability, as long as the participant is participating in
employment for at least the number of hours specified by
the health care provider qualified professional. The
participant must be following the treatment recommendations of
the health care provider qualified professional providing the
verification. The commissioner shall develop a form to be
completed and signed by the health care provider qualified
professional, documenting the diagnosis and any additional
information necessary to document the functional limitations of
the participant that limit work hours. If the participant is
part of a two-parent assistance unit, the other parent must be
treated as a one-parent assistance unit for purposes of meeting
the work requirements under this subdivision.
(b) For purposes of this section, employment means:
(1) unsubsidized employment under section 256J.49,
subdivision 13, clause (1);
(2) subsidized employment under section 256J.49,
subdivision 13, clause (2);
(3) on-the-job training under section 256J.49, subdivision
13, clause (4) (2);
(4) an apprenticeship under section 256J.49, subdivision
13, clause (19) (1);
(5) supported work. For purposes of this section,
"supported work" means services supporting a participant on the
job which include, but are not limited to, supervision, job
coaching, and subsidized wages under section 256J.49,
subdivision 13, clause (2);
(6) a combination of clauses (1) to (5); or
(7) child care under section 256J.49, subdivision 13,
clause (25) (7), if it is in combination with paid employment.
(c) If a participant is complying with a child protection
plan under chapter 260C, the number of hours required under the
child protection plan count toward the number of hours required
under this subdivision.
(d) The county shall provide the opportunity for subsidized
employment to participants needing that type of employment
within available appropriations.
(e) To be eligible for a hardship extension for employed
participants under this subdivision, a participant in a
one-parent assistance unit or both parents in a two-parent
assistance unit must be in compliance for at least ten out of
the 12 months immediately preceding the participant's 61st month
on assistance. If only one parent in a two-parent assistance
unit fails to be in compliance ten out of the 12 months
immediately preceding the participant's 61st month, the county
shall give the assistance unit the option of disqualifying the
noncompliant parent. If the noncompliant participant is
disqualified, the assistance unit must be treated as a
one-parent assistance unit for the purposes of meeting the work
requirements under this subdivision and the assistance unit's
MFIP grant shall be calculated using the shared household
standard under section 256J.08, subdivision 82a.
(f) The employment plan developed under section 256J.52
256J.521, subdivision 5 2, for participants under this
subdivision must contain the number of hours specified in
paragraph (a) related to employment and work activities. The
job counselor and the participant must sign the employment plan
to indicate agreement between the job counselor and the
participant on the contents of the plan.
(g) Participants who fail to meet the requirements in
paragraph (a), without good cause under section 256J.57, shall
be sanctioned or permanently disqualified under subdivision 6.
Good cause may only be granted for that portion of the month for
which the good cause reason applies. Participants must meet all
remaining requirements in the approved employment plan or be
subject to sanction or permanent disqualification.
(h) If the noncompliance with an employment plan is due to
the involuntary loss of employment, the participant is exempt
from the hourly employment requirement under this subdivision
for one month. Participants must meet all remaining
requirements in the approved employment plan or be subject to
sanction or permanent disqualification. This exemption is
available to one-parent assistance units a participant two times
in a 12-month period, and two-parent assistance units, two times
per parent in a 12-month period.
(i) This subdivision expires on June 30, 2004.
Sec. 59. Minnesota Statutes 2002, section 256J.425,
subdivision 6, is amended to read:
Subd. 6. [SANCTIONS FOR EXTENDED CASES.] (a) If one or
both participants in an assistance unit receiving assistance
under subdivision 3 or 4 are not in compliance with the
employment and training service requirements in sections 256J.52
256J.521 to 256J.55 256J.57, the sanctions under this
subdivision apply. For a first occurrence of noncompliance, an
assistance unit must be sanctioned under section 256J.46,
subdivision 1, paragraph (d) (c), clause (1). For a second or
third occurrence of noncompliance, the assistance unit must be
sanctioned under section 256J.46, subdivision 1,
paragraph (d) (c), clause (2). For a fourth occurrence of
noncompliance, the assistance unit is disqualified from MFIP.
If a participant is determined to be out of compliance, the
participant may claim a good cause exception under section
256J.57, however, the participant may not claim an exemption
under section 256J.56.
(b) If both participants in a two-parent assistance unit
are out of compliance at the same time, it is considered one
occurrence of noncompliance.
Sec. 60. Minnesota Statutes 2002, section 256J.425,
subdivision 7, is amended to read:
Subd. 7. [STATUS OF DISQUALIFIED PARTICIPANTS.] (a) An
assistance unit that is disqualified under subdivision 6,
paragraph (a), may be approved for MFIP if the participant
complies with MFIP program requirements and demonstrates
compliance for up to one month. No assistance shall be paid
during this period.
(b) An assistance unit that is disqualified under
subdivision 6, paragraph (a), and that reapplies under paragraph
(a) is subject to sanction under section 256J.46, subdivision 1,
paragraph (d) (c), clause (1), for a first occurrence of
noncompliance. A subsequent occurrence of noncompliance results
in a permanent disqualification.
(c) If one participant in a two-parent assistance unit
receiving assistance under a hardship extension under
subdivision 3 or 4 is determined to be out of compliance with
the employment and training services requirements under sections
256J.52 256J.521 to 256J.55 256J.57, the county shall give the
assistance unit the option of disqualifying the noncompliant
participant from MFIP. In that case, the assistance unit shall
be treated as a one-parent assistance unit for the purposes of
meeting the work requirements under subdivision 4 and the
assistance unit's MFIP grant shall be calculated using the
shared household standard under section 256J.08, subdivision
82a. An applicant who is disqualified from receiving assistance
under this paragraph may reapply under paragraph (a). If a
participant is disqualified from MFIP under this subdivision a
second time, the participant is permanently disqualified from
MFIP.
(d) Prior to a disqualification under this subdivision, a
county agency must review the participant's case to determine if
the employment plan is still appropriate and attempt to meet
with the participant face-to-face. If a face-to-face meeting is
not conducted, the county agency must send the participant a
notice of adverse action as provided in section 256J.31. During
the face-to-face meeting, the county agency must:
(1) determine whether the continued noncompliance can be
explained and mitigated by providing a needed preemployment
activity, as defined in section 256J.49, subdivision 13, clause
(16), or services under a local intervention grant for
self-sufficiency under section 256J.625 (9);
(2) determine whether the participant qualifies for a good
cause exception under section 256J.57;
(3) inform the participant of the family violence waiver
criteria and make appropriate referrals if the waiver is
requested;
(4) inform the participant of the participant's sanction
status and explain the consequences of continuing noncompliance;
(4) (5) identify other resources that may be available to
the participant to meet the needs of the family; and
(5) (6) inform the participant of the right to appeal under
section 256J.40.
Sec. 61. Minnesota Statutes 2002, section 256J.45,
subdivision 2, is amended to read:
Subd. 2. [GENERAL INFORMATION.] The MFIP orientation must
consist of a presentation that informs caregivers of:
(1) the necessity to obtain immediate employment;
(2) the work incentives under MFIP, including the
availability of the federal earned income tax credit and the
Minnesota working family tax credit;
(3) the requirement to comply with the employment plan and
other requirements of the employment and training services
component of MFIP, including a description of the range of work
and training activities that are allowable under MFIP to meet
the individual needs of participants;
(4) the consequences for failing to comply with the
employment plan and other program requirements, and that the
county agency may not impose a sanction when failure to comply
is due to the unavailability of child care or other
circumstances where the participant has good cause under
subdivision 3;
(5) the rights, responsibilities, and obligations of
participants;
(6) the types and locations of child care services
available through the county agency;
(7) the availability and the benefits of the early
childhood health and developmental screening under sections
121A.16 to 121A.19; 123B.02, subdivision 16; and 123B.10;
(8) the caregiver's eligibility for transition year child
care assistance under section 119B.05;
(9) the caregiver's eligibility for extended medical
assistance when the caregiver loses eligibility for MFIP due to
increased earnings or increased child or spousal support the
availability of all health care programs, including transitional
medical assistance;
(10) the caregiver's option to choose an employment and
training provider and information about each provider, including
but not limited to, services offered, program components, job
placement rates, job placement wages, and job retention rates;
(11) the caregiver's option to request approval of an
education and training plan according to section 256J.52
256J.53;
(12) the work study programs available under the higher
education system; and
(13) effective October 1, 2001, information about the
60-month time limit exemption and waivers of regular employment
and training requirements for family violence victims exemptions
under the family violence waiver and referral information about
shelters and programs for victims of family violence.
Sec. 62. Minnesota Statutes 2002, section 256J.46,
subdivision 1, is amended to read:
Subdivision 1. [PARTICIPANTS NOT COMPLYING WITH PROGRAM
REQUIREMENTS.] (a) A participant who fails without good
cause under section 256J.57 to comply with the requirements of
this chapter, and who is not subject to a sanction under
subdivision 2, shall be subject to a sanction as provided in
this subdivision. Prior to the imposition of a sanction, a
county agency shall provide a notice of intent to sanction under
section 256J.57, subdivision 2, and, when applicable, a notice
of adverse action as provided in section 256J.31.
(b) A participant who fails to comply with an alternative
employment plan must have the plan reviewed by a person trained
in domestic violence and a job counselor or the county agency to
determine if components of the alternative employment plan are
still appropriate. If the activities are no longer appropriate,
the plan must be revised with a person trained in domestic
violence and approved by a job counselor or the county agency.
A participant who fails to comply with a plan that is determined
not to need revision will lose their exemption and be required
to comply with regular employment services activities.
(c) A sanction under this subdivision becomes effective the
month following the month in which a required notice is given.
A sanction must not be imposed when a participant comes into
compliance with the requirements for orientation under section
256J.45 or third-party liability for medical services under
section 256J.30, subdivision 10, prior to the effective date of
the sanction. A sanction must not be imposed when a participant
comes into compliance with the requirements for employment and
training services under sections 256J.49 256J.515 to
256J.55 256J.57 ten days prior to the effective date of the
sanction. For purposes of this subdivision, each month that a
participant fails to comply with a requirement of this chapter
shall be considered a separate occurrence of noncompliance. A
participant who has had one or more sanctions imposed must
remain in compliance with the provisions of this chapter for six
months in order for a subsequent occurrence of noncompliance to
be considered a first occurrence. If both participants in a
two-parent assistance unit are out of compliance at the same
time, it is considered one occurrence of noncompliance.
(d) (c) Sanctions for noncompliance shall be imposed as
follows:
(1) For the first occurrence of noncompliance by a
participant in an assistance unit, the assistance unit's grant
shall be reduced by ten percent of the MFIP standard of need for
an assistance unit of the same size with the residual grant paid
to the participant. The reduction in the grant amount must be
in effect for a minimum of one month and shall be removed in the
month following the month that the participant returns to
compliance.
(2) For a second or subsequent, third, fourth, fifth, or
sixth occurrence of noncompliance by a participant in an
assistance unit, or when each of the participants in a
two-parent assistance unit have a first occurrence of
noncompliance at the same time, the assistance unit's shelter
costs shall be vendor paid up to the amount of the cash portion
of the MFIP grant for which the assistance unit is eligible. At
county option, the assistance unit's utilities may also be
vendor paid up to the amount of the cash portion of the MFIP
grant remaining after vendor payment of the assistance unit's
shelter costs. The residual amount of the grant after vendor
payment, if any, must be reduced by an amount equal to 30
percent of the MFIP standard of need for an assistance unit of
the same size before the residual grant is paid to the
assistance unit. The reduction in the grant amount must be in
effect for a minimum of one month and shall be removed in the
month following the month that the participant in a one-parent
assistance unit returns to compliance. In a two-parent
assistance unit, the grant reduction must be in effect for a
minimum of one month and shall be removed in the month following
the month both participants return to compliance. The vendor
payment of shelter costs and, if applicable, utilities shall be
removed six months after the month in which the participant or
participants return to compliance. If an assistance unit is
sanctioned under this clause, the participant's case file must
be reviewed as required under paragraph (e) to determine if the
employment plan is still appropriate.
(e) When a sanction under paragraph (d), clause (2), is in
effect (d) For a seventh occurrence of noncompliance by a
participant in an assistance unit, or when the participants in a
two-parent assistance unit have a total of seven occurrences of
noncompliance, the county agency shall close the MFIP assistance
unit's financial assistance case, both the cash and food
portions. The case must remain closed for a minimum of one full
month. Closure under this paragraph does not make a participant
automatically ineligible for food support, if otherwise eligible.
Before the case is closed, the county agency must review the
participant's case to determine if the employment plan is still
appropriate and attempt to meet with the participant
face-to-face. The participant may bring an advocate to the
face-to-face meeting. If a face-to-face meeting is not
conducted, the county agency must send the participant a written
notice that includes the information required under clause (1).
(1) During the face-to-face meeting, the county agency must:
(i) determine whether the continued noncompliance can be
explained and mitigated by providing a needed preemployment
activity, as defined in section 256J.49, subdivision 13, clause
(16), or services under a local intervention grant for
self-sufficiency under section 256J.625 (9);
(ii) determine whether the participant qualifies for a good
cause exception under section 256J.57, or if the sanction is for
noncooperation with child support requirements, determine if the
participant qualifies for a good cause exemption under section
256.741, subdivision 10;
(iii) determine whether the participant qualifies for an
exemption under section 256J.56 or the work activities in the
employment plan are appropriate based on the criteria in section
256J.521, subdivision 2 or 3;
(iv) determine whether the participant qualifies for an
exemption from regular employment services requirements for
victims of family violence under section 256J.52, subdivision
6 determine whether the participant qualifies for the family
violence waiver;
(v) inform the participant of the participant's sanction
status and explain the consequences of continuing noncompliance;
(vi) identify other resources that may be available to the
participant to meet the needs of the family; and
(vii) inform the participant of the right to appeal under
section 256J.40.
(2) If the lack of an identified activity or service can
explain the noncompliance, the county must work with the
participant to provide the identified activity, and the county
must restore the participant's grant amount to the full amount
for which the assistance unit is eligible. The grant must be
restored retroactively to the first day of the month in which
the participant was found to lack preemployment activities or to
qualify for an exemption under section 256J.56, a good cause
exception under section 256J.57, or an exemption for victims of
family violence under section 256J.52, subdivision 6.
(3) If the participant is found to qualify for a good cause
exception or an exemption, the county must restore the
participant's grant to the full amount for which the assistance
unit is eligible. The grant must be restored to the full amount
for which the assistance unit is eligible retroactively to the
first day of the month in which the participant was found to
lack preemployment activities or to qualify for an exemption
under section 256J.56, a family violence waiver, or for a good
cause exemption under section 256.741, subdivision 10, or
256J.57.
(e) For the purpose of applying sanctions under this
section, only occurrences of noncompliance that occur after the
effective date of this section shall be considered. If the
participant is in 30 percent sanction in the month this section
takes effect, that month counts as the first occurrence for
purposes of applying the sanctions under this section, but the
sanction shall remain at 30 percent for that month.
(f) An assistance unit whose case is closed under paragraph
(d) or (g), or under an approved county option sanction plan
under section 256J.462 in effect June 30, 2003, or a county
pilot project under Laws 2000, chapter 488, article 10, section
29, in effect June 30, 2003, may reapply for MFIP and shall be
eligible if the participant complies with MFIP program
requirements and demonstrates compliance for up to one month.
No assistance shall be paid during this period.
(g) An assistance unit whose case has been closed for
noncompliance, that reapplies under paragraph (f) is subject to
sanction under paragraph (c), clause (2), for a first occurrence
of noncompliance. Any subsequent occurrence of noncompliance
shall result in case closure under paragraph (d).
Sec. 63. Minnesota Statutes 2002, section 256J.46,
subdivision 2, is amended to read:
Subd. 2. [SANCTIONS FOR REFUSAL TO COOPERATE WITH SUPPORT
REQUIREMENTS.] The grant of an MFIP caregiver who refuses to
cooperate, as determined by the child support enforcement
agency, with support requirements under section 256.741, shall
be subject to sanction as specified in this subdivision and
subdivision 1. For a first occurrence of noncooperation, the
assistance unit's grant must be reduced by 25 30 percent of the
applicable MFIP standard of need. Subsequent occurrences of
noncooperation shall be subject to sanction under subdivision 1,
paragraphs (c), clause (2), and (d). The residual amount of the
grant, if any, must be paid to the caregiver. A sanction under
this subdivision becomes effective the first month following the
month in which a required notice is given. A sanction must not
be imposed when a caregiver comes into compliance with the
requirements under section 256.741 prior to the effective date
of the sanction. The sanction shall be removed in the month
following the month that the caregiver cooperates with the
support requirements. Each month that an MFIP caregiver fails
to comply with the requirements of section 256.741 must be
considered a separate occurrence of noncompliance for the
purpose of applying sanctions under subdivision 1, paragraphs
(c), clause (2), and (d). An MFIP caregiver who has had one or
more sanctions imposed must remain in compliance with the
requirements of section 256.741 for six months in order for a
subsequent sanction to be considered a first occurrence.
Sec. 64. Minnesota Statutes 2002, section 256J.46,
subdivision 2a, is amended to read:
Subd. 2a. [DUAL SANCTIONS.] (a) Notwithstanding the
provisions of subdivisions 1 and 2, for a participant subject to
a sanction for refusal to comply with child support requirements
under subdivision 2 and subject to a concurrent sanction for
refusal to cooperate with other program requirements under
subdivision 1, sanctions shall be imposed in the manner
prescribed in this subdivision.
A participant who has had one or more sanctions imposed
under this subdivision must remain in compliance with the
provisions of this chapter for six months in order for a
subsequent occurrence of noncompliance to be considered a first
occurrence. Any vendor payment of shelter costs or utilities
under this subdivision must remain in effect for six months
after the month in which the participant is no longer subject to
sanction under subdivision 1.
(b) If the participant was subject to sanction for:
(i) noncompliance under subdivision 1 before being subject
to sanction for noncooperation under subdivision 2; or
(ii) noncooperation under subdivision 2 before being
subject to sanction for noncompliance under subdivision 1, the
participant is considered to have a second occurrence of
noncompliance and shall be sanctioned as provided in subdivision
1, paragraph (d) (c), clause (2). Each subsequent occurrence of
noncompliance shall be considered one additional occurrence and
shall be subject to the applicable level of sanction under
subdivision 1, paragraph (d), or section 256J.462. The
requirement that the county conduct a review as specified in
subdivision 1, paragraph (e) (d), remains in effect.
(c) A participant who first becomes subject to sanction
under both subdivisions 1 and 2 in the same month is subject to
sanction as follows:
(i) in the first month of noncompliance and noncooperation,
the participant's grant must be reduced by 25 30 percent of the
applicable MFIP standard of need, with any residual amount paid
to the participant;
(ii) in the second and subsequent months of noncompliance
and noncooperation, the participant shall be subject to the
applicable level of sanction under subdivision 1, paragraph (d),
or section 256J.462.
The requirement that the county conduct a review as
specified in subdivision 1, paragraph (e) (d), remains in effect.
(d) A participant remains subject to sanction under
subdivision 2 if the participant:
(i) returns to compliance and is no longer subject to
sanction under subdivision 1 or section 256J.462 for
noncompliance with section 256J.45 or sections 256J.515 to
256J.57; or
(ii) has the sanction under subdivision 1, paragraph (d),
or section 256J.462 for noncompliance with section 256J.45 or
sections 256J.515 to 256J.57 removed upon completion of the
review under subdivision 1, paragraph (e).
A participant remains subject to the applicable level of
sanction under subdivision 1, paragraph (d), or section 256J.462
if the participant cooperates and is no longer subject to
sanction under subdivision 2.
Sec. 65. Minnesota Statutes 2002, section 256J.49,
subdivision 4, is amended to read:
Subd. 4. [EMPLOYMENT AND TRAINING SERVICE PROVIDER.]
"Employment and training service provider" means:
(1) a public, private, or nonprofit employment and training
agency certified by the commissioner of economic security under
sections 268.0122, subdivision 3, and 268.871, subdivision 1, or
is approved under section 256J.51 and is included in the county
plan service agreement submitted under section 256J.50 256J.626,
subdivision 7 4;
(2) a public, private, or nonprofit agency that is not
certified by the commissioner under clause (1), but with which a
county has contracted to provide employment and training
services and which is included in the county's plan service
agreement submitted under section 256J.50 256J.626,
subdivision 7 4; or
(3) a county agency, if the county has opted to provide
employment and training services and the county has indicated
that fact in the plan service agreement submitted under section
256J.50 256J.626, subdivision 7 4.
Notwithstanding section 268.871, an employment and training
services provider meeting this definition may deliver employment
and training services under this chapter.
Sec. 66. Minnesota Statutes 2002, section 256J.49,
subdivision 5, is amended to read:
Subd. 5. [EMPLOYMENT PLAN.] "Employment plan" means a plan
developed by the job counselor and the participant which
identifies the participant's most direct path to unsubsidized
employment, lists the specific steps that the caregiver will
take on that path, and includes a timetable for the completion
of each step. The plan should also identify any subsequent
steps that support long-term economic stability. For
participants who request and qualify for a family violence
waiver, an employment plan must be developed by the job
counselor and the participant, and in consultation with a person
trained in domestic violence and follow the employment plan
provisions in section 256J.521, subdivision 3.
Sec. 67. Minnesota Statutes 2002, section 256J.49, is
amended by adding a subdivision to read:
Subd. 6a. [FUNCTIONAL WORK LITERACY.] "Functional work
literacy" means an intensive English as a second language
program that is work focused and offers at least 20 hours of
class time per week.
Sec. 68. Minnesota Statutes 2002, section 256J.49,
subdivision 9, is amended to read:
Subd. 9. [PARTICIPANT.] "Participant" means a recipient of
MFIP assistance who participates or is required to participate
in employment and training services under sections 256J.515 to
256J.57 and 256J.95.
Sec. 69. Minnesota Statutes 2002, section 256J.49, is
amended by adding a subdivision to read:
Subd. 12a. [SUPPORTED WORK.] "Supported work" means a
subsidized or unsubsidized work experience placement with a
public or private sector employer, which may include services
such as individualized supervision and job coaching to support
the participant on the job.
Sec. 70. Minnesota Statutes 2002, section 256J.49,
subdivision 13, is amended to read:
Subd. 13. [WORK ACTIVITY.] "Work activity" means any
activity in a participant's approved employment plan that is
tied to the participant's leads to employment goal. For
purposes of the MFIP program, any activity that is included in a
participant's approved employment plan meets this includes
activities that meet the definition of work activity as counted
under the federal participation standards requirements of TANF.
Work activity includes, but is not limited to:
(1) unsubsidized employment, including work study and paid
apprenticeships or internships;
(2) subsidized private sector or public sector employment,
including grant diversion as specified in section 256J.69,
on-the-job training as specified in section 256J.66, the
self-employment investment demonstration program (SEID) as
specified in section 256J.65, paid work experience, and
supported work when a wage subsidy is provided;
(3) unpaid work experience, including CWEP community
service, volunteer work, the community work experience program
as specified in section 256J.67, unpaid apprenticeships or
internships, and including work associated with the refurbishing
of publicly assisted housing if sufficient private sector
employment is not available supported work when a wage subsidy
is not provided;
(4) on-the-job training as specified in section 256J.66 job
search including job readiness assistance, job clubs, job
placement, job-related counseling, and job retention services;
(5) job search, either supervised or unsupervised;
(6) job readiness assistance;
(7) job clubs, including job search workshops;
(8) job placement;
(9) job development;
(10) job-related counseling;
(11) job coaching;
(12) job retention services;
(13) job-specific training or education;
(14) job skills training directly related to employment;
(15) the self-employment investment demonstration (SEID),
as specified in section 256J.65;
(16) preemployment activities, based on availability and
resources, such as volunteer work, literacy programs and related
activities, citizenship classes, English as a second language
(ESL) classes as limited by the provisions of section 256J.52,
subdivisions 3, paragraph (d), and 5, paragraph (c), or
participation in dislocated worker services, chemical dependency
treatment, mental health services, peer group networks,
displaced homemaker programs, strength-based resiliency
training, parenting education, or other programs designed to
help families reach their employment goals and enhance their
ability to care for their children;
(17) community service programs;
(18) vocational educational training or educational
programs that can reasonably be expected to lead to employment,
as limited by the provisions of section 256J.53;
(19) apprenticeships;
(20) satisfactory attendance in general educational
development diploma classes or an adult diploma program;
(21) satisfactory attendance at secondary school, if the
participant has not received a high school diploma;
(22) adult basic education classes;
(23) internships;
(24) bilingual employment and training services;
(25) providing child care services to a participant who is
working in a community service program; and
(26) activities included in an alternative employment plan
that is developed under section 256J.52, subdivision 6.
(5) job readiness education, including English as a second
language (ESL) or functional work literacy classes as limited by
the provisions of section 256J.531, subdivision 2, general
educational development (GED) course work, high school
completion, and adult basic education as limited by the
provisions of section 256J.531, subdivision 1;
(6) job skills training directly related to employment,
including education and training that can reasonably be expected
to lead to employment, as limited by the provisions of section
256J.53;
(7) providing child care services to a participant who is
working in a community service program;
(8) activities included in the employment plan that is
developed under section 256J.521, subdivision 3; and
(9) preemployment activities including chemical and mental
health assessments, treatment, and services; learning
disabilities services; child protective services; family
stabilization services; or other programs designed to enhance
employability.
Sec. 71. Minnesota Statutes 2002, section 256J.50,
subdivision 1, is amended to read:
Subdivision 1. [EMPLOYMENT AND TRAINING SERVICES COMPONENT
OF MFIP.] (a) By January 1, 1998, Each county must develop and
implement provide an employment and training services component
of MFIP which is designed to put participants on the most direct
path to unsubsidized employment. Participation in these
services is mandatory for all MFIP caregivers, unless the
caregiver is exempt under section 256J.56.
(b) A county must provide employment and training services
under sections 256J.515 to 256J.74 within 30 days after
the caregiver's participation becomes mandatory under
subdivision 5 or within 30 days of receipt of a request for
services from a caregiver who under section 256J.42 is no longer
eligible to receive MFIP but whose income is below 120 percent
of the federal poverty guidelines for a family of the same
size. The request must be made within 12 months of the date the
caregivers' MFIP case was closed caregiver is determined
eligible for MFIP, or within ten days when the caregiver
participated in the diversionary work program under section
256J.95 within the past 12 months.
Sec. 72. Minnesota Statutes 2002, section 256J.50,
subdivision 9, is amended to read:
Subd. 9. [EXCEPTION; FINANCIAL HARDSHIP.] Notwithstanding
subdivision 8, a county that explains in the plan service
agreement required under section 256J.626, subdivision 7 4, that
the provision of alternative employment and training service
providers would result in financial hardship for the county is
not required to make available more than one employment and
training provider.
Sec. 73. Minnesota Statutes 2002, section 256J.50,
subdivision 10, is amended to read:
Subd. 10. [REQUIRED NOTIFICATION TO VICTIMS OF FAMILY
VIOLENCE.] (a) County agencies and their contractors must
provide universal notification to all applicants and recipients
of MFIP that:
(1) referrals to counseling and supportive services are
available for victims of family violence;
(2) nonpermanent resident battered individuals married to
United States citizens or permanent residents may be eligible to
petition for permanent residency under the federal Violence
Against Women Act, and that referrals to appropriate legal
services are available;
(3) victims of family violence are exempt from the 60-month
limit on assistance while the individual is if they are
complying with an approved safety plan or, after October 1,
2001, an alternative employment plan, as defined in under
section 256J.49 256J.521, subdivision 1a 3; and
(4) victims of family violence may choose to have regular
work requirements waived while the individual is complying with
an alternative employment plan as defined in under section
256J.49 256J.521, subdivision 1a 3.
(b) If an alternative employment plan under section
256J.521, subdivision 3, is denied, the county or a job
counselor must provide reasons why the plan is not approved and
document how the denial of the plan does not interfere with the
safety of the participant or children.
Notification must be in writing and orally at the time of
application and recertification, when the individual is referred
to the title IV-D child support agency, and at the beginning of
any job training or work placement assistance program.
Sec. 74. Minnesota Statutes 2002, section 256J.51,
subdivision 1, is amended to read:
Subdivision 1. [PROVIDER APPLICATION.] An employment and
training service provider that is not included in a county's
plan service agreement under section 256J.50 256J.626,
subdivision 7 4, because the county has demonstrated financial
hardship under section 256J.50, subdivision 9 of that section,
may appeal its exclusion to the commissioner of economic
security under this section.
Sec. 75. Minnesota Statutes 2002, section 256J.51,
subdivision 2, is amended to read:
Subd. 2. [APPEAL; ALTERNATE APPROVAL.] (a) An employment
and training service provider that is not included by a county
agency in the plan service agreement under section
256J.50 256J.626, subdivision 7 4, and that meets the criteria
in paragraph (b), may appeal its exclusion to the commissioner
of economic security, and may request alternative approval by
the commissioner of economic security to provide services in the
county.
(b) An employment and training services provider that is
requesting alternative approval must demonstrate to the
commissioner that the provider meets the standards specified in
section 268.871, subdivision 1, paragraph (b), except that the
provider's past experience may be in services and programs
similar to those specified in section 268.871, subdivision 1,
paragraph (b).
Sec. 76. Minnesota Statutes 2002, section 256J.51,
subdivision 3, is amended to read:
Subd. 3. [COMMISSIONER'S REVIEW.] (a) The commissioner
must act on a request for alternative approval under this
section within 30 days of the receipt of the request. If after
reviewing the provider's request, and the county's plan service
agreement submitted under section 256J.50 256J.626,
subdivision 7 4, the commissioner determines that the provider
meets the criteria under subdivision 2, paragraph (b), and that
approval of the provider would not cause financial hardship to
the county, the county must submit a revised plan service
agreement under subdivision 4 that includes the approved
provider.
(b) If the commissioner determines that the approval of the
provider would cause financial hardship to the county, the
commissioner must notify the provider and the county of this
determination. The alternate approval process under this
section shall be closed to other requests for alternate approval
to provide employment and training services in the county for up
to 12 months from the date that the commissioner makes a
determination under this paragraph.
Sec. 77. Minnesota Statutes 2002, section 256J.51,
subdivision 4, is amended to read:
Subd. 4. [REVISED PLAN SERVICE AGREEMENT REQUIRED.] The
commissioner of economic security must notify the county agency
when the commissioner grants an alternative approval to an
employment and training service provider under subdivision 2.
Upon receipt of the notice, the county agency must submit a
revised plan service agreement under section 256J.50 256J.626,
subdivision 7 4, that includes the approved provider. The
county has 90 days from the receipt of the commissioner's notice
to submit the revised plan service agreement.
Sec. 78. [256J.521] [ASSESSMENT; EMPLOYMENT PLANS.]
Subdivision 1. [ASSESSMENTS.] (a) For purposes of MFIP
employment services, assessment is a continuing process of
gathering information related to employability for the purpose
of identifying both participant's strengths and strategies for
coping with issues that interfere with employment. The job
counselor must use information from the assessment process to
develop and update the employment plan under subdivision 2.
(b) The scope of assessment must cover at least the
following areas:
(1) basic information about the participant's ability to
obtain and retain employment, including: a review of the
participant's education level; interests, skills, and abilities;
prior employment or work experience; transferable work skills;
child care and transportation needs;
(2) identification of personal and family circumstances
that impact the participant's ability to obtain and retain
employment, including: any special needs of the children, the
level of English proficiency, family violence issues, and any
involvement with social services or the legal system;
(3) the results of a mental and chemical health screening
tool designed by the commissioner and results of the brief
screening tool for special learning needs. Screening tools for
mental and chemical health and special learning needs must be
approved by the commissioner and may only be administered by job
counselors or county staff trained in using such screening
tools. The commissioner shall work with county agencies to
develop protocols for referrals and follow-up actions after
screens are administered to participants, including guidance on
how employment plans may be modified based upon outcomes of
certain screens. Participants must be told of the purpose of
the screens and how the information will be used to assist the
participant in identifying and overcoming barriers to
employment. Screening for mental and chemical health and
special learning needs must be completed by participants who are
unable to find suitable employment after six weeks of job search
under subdivision 2, paragraph (b), and participants who are
determined to have barriers to employment under subdivision 2,
paragraph (d). Failure to complete the screens will result in
sanction under section 256J.46; and
(4) a comprehensive review of participation and progress
for participants who have received MFIP assistance and have not
worked in unsubsidized employment during the past 12 months.
The purpose of the review is to determine the need for
additional services and supports, including placement in
subsidized employment or unpaid work experience under section
256J.49, subdivision 13.
(c) Information gathered during a caregiver's participation
in the diversionary work program under section 256J.95 must be
incorporated into the assessment process.
(d) The job counselor may require the participant to
complete a professional chemical use assessment to be performed
according to the rules adopted under section 254A.03,
subdivision 3, including provisions in the administrative rules
which recognize the cultural background of the participant, or a
professional psychological assessment as a component of the
assessment process, when the job counselor has a reasonable
belief, based on objective evidence, that a participant's
ability to obtain and retain suitable employment is impaired by
a medical condition. The job counselor may assist the
participant with arranging services, including child care
assistance and transportation, necessary to meet needs
identified by the assessment. Data gathered as part of a
professional assessment must be classified and disclosed
according to the provisions in section 13.46.
Subd. 2. [EMPLOYMENT PLAN; CONTENTS.] (a) Based on the
assessment under subdivision 1, the job counselor and the
participant must develop an employment plan that includes
participation in activities and hours that meet the requirements
of section 256J.55, subdivision 1. The purpose of the
employment plan is to identify for each participant the most
direct path to unsubsidized employment and any subsequent steps
that support long-term economic stability. The employment plan
should be developed using the highest level of activity
appropriate for the participant. Activities must be chosen from
clauses (1) to (6), which are listed in order of preference.
The employment plan must also list the specific steps the
participant will take to obtain employment, including steps
necessary for the participant to progress from one level of
activity to another, and a timetable for completion of each
step. Levels of activity include:
(1) unsubsidized employment;
(2) job search;
(3) subsidized employment or unpaid work experience;
(4) unsubsidized employment and job readiness education or
job skills training;
(5) unsubsidized employment or unpaid work experience, and
activities related to a family violence waiver or preemployment
needs; and
(6) activities related to a family violence waiver or
preemployment needs.
(b) Participants who are determined to possess sufficient
skills such that the participant is likely to succeed in
obtaining unsubsidized employment must job search at least 30
hours per week for up to six weeks, and accept any offer of
suitable employment. The remaining hours necessary to meet the
requirements of section 256J.55, subdivision 1, may be met
through participation in other work activities under section
256J.49, subdivision 13. The participant's employment plan must
specify, at a minimum: (1) whether the job search is supervised
or unsupervised; (2) support services that will be provided; and
(3) how frequently the participant must report to the job
counselor. Participants who are unable to find suitable
employment after six weeks must meet with the job counselor to
determine whether other activities in paragraph (a) should be
incorporated into the employment plan. Job search activities
which are continued after six weeks must be structured and
supervised.
(c) Beginning July 1, 2004, activities and hourly
requirements in the employment plan may be adjusted as necessary
to accommodate the personal and family circumstances of
participants identified under section 256J.561, subdivision 2,
paragraph (d). Participants who no longer meet the provisions
of section 256J.561, subdivision 2, paragraph (d), must meet
with the job counselor within ten days of the determination to
revise the employment plan.
(d) Participants who are determined to have barriers to
obtaining or retaining employment that will not be overcome
during six weeks of job search under paragraph (b) must work
with the job counselor to develop an employment plan that
addresses those barriers by incorporating appropriate activities
from paragraph (a), clauses (1) to (6). The employment plan
must include enough hours to meet the participation requirements
in section 256J.55, subdivision 1, unless a compelling reason to
require fewer hours is noted in the participant's file.
(e) The job counselor and the participant must sign the
employment plan to indicate agreement on the contents. Failure
to develop or comply with activities in the plan, or voluntarily
quitting suitable employment without good cause, will result in
the imposition of a sanction under section 256J.46.
(f) Employment plans must be reviewed at least every three
months to determine whether activities and hourly requirements
should be revised.
Subd. 3. [EMPLOYMENT PLAN; FAMILY VIOLENCE WAIVER.] (a) A
participant who requests and qualifies for a family violence
waiver shall develop or revise the employment plan as specified
in this subdivision with a job counselor or county, and a person
trained in domestic violence. The revised or new employment
plan must be approved by the county or the job counselor. The
plan may address safety, legal, or emotional issues, and other
demands on the family as a result of the family violence.
Information in section 256J.515, clauses (1) to (8), must be
included as part of the development of the plan.
(b) The primary goal of an employment plan developed under
this subdivision is to ensure the safety of the caregiver and
children. To the extent it is consistent with ensuring safety,
the plan shall also include activities that are designed to lead
to economic stability. An activity is inconsistent with
ensuring safety if, in the opinion of a person trained in
domestic violence, the activity would endanger the safety of the
participant or children. A plan under this subdivision may not
automatically include a provision that requires a participant to
obtain an order for protection or to attend counseling.
(c) If at any time there is a disagreement over whether the
activities in the plan are appropriate or the participant is not
complying with activities in the plan under this subdivision,
the participant must receive the assistance of a person trained
in domestic violence to help resolve the disagreement or
noncompliance with the county or job counselor. If the person
trained in domestic violence recommends that the activities are
still appropriate, the county or a job counselor must approve
the activities in the plan or provide written reasons why
activities in the plan are not approved and document how denial
of the activities do not endanger the safety of the participant
or children.
Subd. 4. [SELF-EMPLOYMENT.] (a) Self-employment activities
may be included in an employment plan contingent on the
development of a business plan which establishes a timetable and
earning goals that will result in the participant exiting MFIP
assistance. Business plans must be developed with assistance
from an individual or organization with expertise in small
business as approved by the job counselor.
(b) Participants with an approved plan that includes
self-employment must meet the participation requirements in
section 256J.55, subdivision 1. Only hours where the
participant earns at least minimum wage shall be counted toward
the requirement. Additional activities and hours necessary to
meet the participation requirements in section 256J.55,
subdivision 1, must be included in the employment plan.
(c) Employment plans which include self-employment
activities must be reviewed every three months. Participants
who fail, without good cause, to make satisfactory progress as
established in the business plan must revise the employment plan
to replace the self-employment with other approved work
activities.
(d) The requirements of this subdivision may be waived for
participants who are enrolled in the self-employment investment
demonstration program (SEID) under section 256J.65, and who make
satisfactory progress as determined by the job counselor and the
SEID provider.
Subd. 5. [TRANSITION FROM THE DIVERSIONARY WORK
PROGRAM.] Participants who become eligible for MFIP assistance
after completing the diversionary work program under section
256J.95 must comply with all requirements of subdivisions 1 and
2. Participants who become eligible for MFIP assistance after
being determined unable to benefit from the diversionary work
program must comply with the requirements of subdivisions 1 and
2, with the exception of subdivision 2, paragraph (b).
Subd. 6. [LOSS OF EMPLOYMENT.] Participants who are laid
off, quit with good cause, or are terminated from employment
through no fault of their own must meet with the job counselor
within ten working days to ascertain the reason for the job loss
and to revise the employment plan as necessary to address the
problem.
Sec. 79. Minnesota Statutes 2002, section 256J.53,
subdivision 1, is amended to read:
Subdivision 1. [LENGTH OF PROGRAM.] In order for a
post-secondary education or training program to be an approved
work activity as defined in section 256J.49, subdivision 13,
clause (18) (6), it must be a program lasting 24 months or less,
and the participant must meet the requirements of subdivisions 2
and, 3, and 5.
Sec. 80. Minnesota Statutes 2002, section 256J.53,
subdivision 2, is amended to read:
Subd. 2. [DOCUMENTATION SUPPORTING PROGRAM APPROVAL OF
POSTSECONDARY EDUCATION OR TRAINING.] (a) In order for a
post-secondary education or training program to be an approved
activity in a participant's an employment plan, the participant
or the employment and training service provider must provide
documentation that: be working in unsubsidized employment at
least 20 hours per week.
(b) Participants seeking approval of a postsecondary
education or training plan must provide documentation that:
(1) the participant's employment plan identifies specific
goals that goal can only be met with the additional education or
training;
(2) there are suitable employment opportunities that
require the specific education or training in the area in which
the participant resides or is willing to reside;
(3) the education or training will result in significantly
higher wages for the participant than the participant could earn
without the education or training;
(4) the participant can meet the requirements for admission
into the program; and
(5) there is a reasonable expectation that the participant
will complete the training program based on such factors as the
participant's MFIP assessment, previous education, training, and
work history; current motivation; and changes in previous
circumstances.
(c) The hourly unsubsidized employment requirement may be
reduced for intensive education or training programs lasting 12
weeks or less when full-time attendance is required.
(d) Participants with an approved employment plan in place
on July 1, 2003, which includes more than 12 months of
postsecondary education or training shall be allowed to complete
that plan provided that hourly requirements in section 256J.55,
subdivision 1, and conditions specified in paragraph (b), and
subdivisions 3 and 5 are met.
Sec. 81. Minnesota Statutes 2002, section 256J.53,
subdivision 5, is amended to read:
Subd. 5. [JOB SEARCH AFTER COMPLETION OF WORK ACTIVITY
REQUIREMENTS AFTER POSTSECONDARY EDUCATION OR TRAINING.] If a
participant's employment plan includes a post-secondary
educational or training program, the plan must include an
anticipated completion date for those activities. At the time
the education or training is completed, the participant must
participate in job search. If, after three months of job
search, the participant does not find a job that is consistent
with the participant's employment goal, the participant must
accept any offer of suitable employment. Upon completion of an
approved education or training program, a participant who does
not meet the participation requirements in section 256J.55,
subdivision 1, through unsubsidized employment must participate
in job search. If, after six weeks of job search, the
participant does not find a full-time job consistent with the
employment goal, the participant must accept any offer of
full-time suitable employment, or meet with the job counselor to
revise the employment plan to include additional work activities
necessary to meet hourly requirements.
Sec. 82. [256J.531] [BASIC EDUCATION; ENGLISH AS A SECOND
LANGUAGE.]
Subdivision 1. [APPROVAL OF ADULT BASIC EDUCATION.] With
the exception of classes related to obtaining a general
educational development credential (GED), a participant must
have reading or mathematics proficiency below a ninth grade
level in order for adult basic education classes to be an
approved work activity. The employment plan must also specify
that the participant fulfill no more than one-half of the
participation requirements in section 256J.55, subdivision 1,
through attending adult basic education or general educational
development classes.
Subd. 2. [APPROVAL OF ENGLISH AS A SECOND LANGUAGE.] In
order for English as a second language (ESL) classes to be an
approved work activity in an employment plan, a participant must
be below a spoken language proficiency level of SPL6 or its
equivalent, as measured by a nationally recognized test. In
approving ESL as a work activity, the job counselor must give
preference to enrollment in a functional work literacy program,
if one is available, over a regular ESL program. A participant
may not be approved for more than a combined total of 24 months
of ESL classes while participating in the diversionary work
program and the employment and training services component of
MFIP. The employment plan must also specify that the
participant fulfill no more than one-half of the participation
requirements in section 256J.55, subdivision 1, through
attending ESL classes. For participants enrolled in functional
work literacy classes, no more than two-thirds of the
participation requirements in section 256J.55, subdivision 1,
may be met through attending functional work literacy classes.
Sec. 83. Minnesota Statutes 2002, section 256J.54,
subdivision 1, is amended to read:
Subdivision 1. [ASSESSMENT OF EDUCATIONAL PROGRESS AND
NEEDS.] (a) The county agency must document the educational
level of each MFIP caregiver who is under the age of 20 and
determine if the caregiver has obtained a high school diploma or
its equivalent. If the caregiver has not obtained a high school
diploma or its equivalent, and is not exempt from the
requirement to attend school under subdivision 5, the county
agency must complete an individual assessment for the
caregiver unless the caregiver is exempt from the requirement to
attend school under subdivision 5 or has chosen to have an
employment plan under section 256J.521, subdivision 2, as
allowed in paragraph (b). The assessment must be performed as
soon as possible but within 30 days of determining MFIP
eligibility for the caregiver. The assessment must provide an
initial examination of the caregiver's educational progress and
needs, literacy level, child care and supportive service needs,
family circumstances, skills, and work experience. In the case
of a caregiver under the age of 18, the assessment must also
consider the results of either the caregiver's or the
caregiver's minor child's child and teen checkup under Minnesota
Rules, parts 9505.0275 and 9505.1693 to 9505.1748, if available,
and the effect of a child's development and educational needs on
the caregiver's ability to participate in the program. The
county agency must advise the caregiver that the caregiver's
first goal must be to complete an appropriate educational
education option if one is identified for the caregiver through
the assessment and, in consultation with educational agencies,
must review the various school completion options with the
caregiver and assist in selecting the most appropriate option.
(b) The county agency must give a caregiver, who is age 18
or 19 and has not obtained a high school diploma or its
equivalent, the option to choose an employment plan with an
education option under subdivision 3 or an employment plan under
section 256J.521, subdivision 2.
Sec. 84. Minnesota Statutes 2002, section 256J.54,
subdivision 2, is amended to read:
Subd. 2. [RESPONSIBILITY FOR ASSESSMENT AND EMPLOYMENT
PLAN.] For caregivers who are under age 18 without a high school
diploma or its equivalent, the assessment under subdivision 1
and the employment plan under subdivision 3 must be completed by
the social services agency under section 257.33. For caregivers
who are age 18 or 19 without a high school diploma or its
equivalent who choose to have an employment plan with an
education option under subdivision 3, the assessment under
subdivision 1 and the employment plan under subdivision 3 must
be completed by the job counselor or, at county option, by the
social services agency under section 257.33. Upon reaching age
18 or 19 a caregiver who received social services under section
257.33 and is without a high school diploma or its equivalent
has the option to choose whether to continue receiving services
under the caregiver's plan from the social services agency or to
utilize an MFIP employment and training service provider. The
social services agency or the job counselor shall consult with
representatives of educational agencies that are required to
assist in developing educational plans under section 124D.331.
Sec. 85. Minnesota Statutes 2002, section 256J.54,
subdivision 3, is amended to read:
Subd. 3. [EDUCATIONAL EDUCATION OPTION DEVELOPED.] If the
job counselor or county social services agency identifies an
appropriate educational education option for a minor caregiver
under the age of 20 without a high school diploma or its
equivalent, or a caregiver age 18 or 19 without a high school
diploma or its equivalent who chooses an employment plan with an
education option, the job counselor or agency must develop an
employment plan which reflects the identified option. The plan
must specify that participation in an educational activity is
required, what school or educational program is most
appropriate, the services that will be provided, the activities
the caregiver will take part in, including child care and
supportive services, the consequences to the caregiver for
failing to participate or comply with the specified
requirements, and the right to appeal any adverse action. The
employment plan must, to the extent possible, reflect the
preferences of the caregiver.
Sec. 86. Minnesota Statutes 2002, section 256J.54,
subdivision 5, is amended to read:
Subd. 5. [SCHOOL ATTENDANCE REQUIRED.] (a) Notwithstanding
the provisions of section 256J.56, minor parents, or 18- or
19-year-old parents without a high school diploma or its
equivalent who chooses an employment plan with an education
option must attend school unless:
(1) transportation services needed to enable the caregiver
to attend school are not available;
(2) appropriate child care services needed to enable the
caregiver to attend school are not available;
(3) the caregiver is ill or incapacitated seriously enough
to prevent attendance at school; or
(4) the caregiver is needed in the home because of the
illness or incapacity of another member of the household. This
includes a caregiver of a child who is younger than six weeks of
age.
(b) The caregiver must be enrolled in a secondary school
and meeting the school's attendance requirements. The county,
social service agency, or job counselor must verify at least
once per quarter that the caregiver is meeting the school's
attendance requirements. An enrolled caregiver is considered to
be meeting the attendance requirements when the school is not in
regular session, including during holiday and summer breaks.
Sec. 87. [256J.545] [FAMILY VIOLENCE WAIVER CRITERIA.]
(a) In order to qualify for a family violence waiver, an
individual must provide documentation of past or current family
violence which may prevent the individual from participating in
certain employment activities. A claim of family violence must
be documented by the applicant or participant providing a sworn
statement which is supported by collateral documentation.
(b) Collateral documentation may consist of:
(1) police, government agency, or court records;
(2) a statement from a battered women's shelter staff with
knowledge of the circumstances or credible evidence that
supports the sworn statement;
(3) a statement from a sexual assault or domestic violence
advocate with knowledge of the circumstances or credible
evidence that supports the sworn statement;
(4) a statement from professionals from whom the applicant
or recipient has sought assistance for the abuse; or
(5) a sworn statement from any other individual with
knowledge of circumstances or credible evidence that supports
the sworn statement.
Sec. 88. Minnesota Statutes 2002, section 256J.55,
subdivision 1, is amended to read:
Subdivision 1. [COMPLIANCE WITH JOB SEARCH OR EMPLOYMENT
PLAN; SUITABLE EMPLOYMENT PARTICIPATION REQUIREMENTS.] (a) Each
MFIP participant must comply with the terms of the participant's
job search support plan or employment plan. When the
participant has completed the steps listed in the employment
plan, the participant must comply with section 256J.53,
subdivision 5, if applicable, and then the participant must not
refuse any offer of suitable employment. The participant may
choose to accept an offer of suitable employment before the
participant has completed the steps of the employment plan.
(b) For a participant under the age of 20 who is without a
high school diploma or general educational development diploma,
the requirement to comply with the terms of the employment plan
means the participant must meet the requirements of section
256J.54.
(c) Failure to develop or comply with a job search support
plan or an employment plan, or quitting suitable employment
without good cause, shall result in the imposition of a sanction
as specified in sections 256J.46 and 256J.57.
(a) All caregivers must participate in employment services
under sections 256J.515 to 256J.57 concurrent with receipt of
MFIP assistance.
(b) Until July 1, 2004, participants who meet the
requirements of section 256J.56 are exempt from participation
requirements.
(c) Participants under paragraph (a) must develop and
comply with an employment plan under section 256J.521, or
section 256J.54 in the case of a participant under the age of 20
who has not obtained a high school diploma or its equivalent.
(d) With the exception of participants under the age of 20
who must meet the education requirements of section 256J.54, all
participants must meet the hourly participation requirements of
TANF or the hourly requirements listed in clauses (1) to (3),
whichever is higher.
(1) In single-parent families with no children under six
years of age, the job counselor and the caregiver must develop
an employment plan that includes 30 to 35 hours per week of work
activities.
(2) In single-parent families with a child under six years
of age, the job counselor and the caregiver must develop an
employment plan that includes 20 to 35 hours per week of work
activities.
(3) In two-parent families, the job counselor and the
caregivers must develop employment plans which result in a
combined total of at least 55 hours per week of work activities.
(e) Failure to participate in employment services,
including the requirement to develop and comply with an
employment plan, including hourly requirements, without good
cause under section 256J.57, shall result in the imposition of a
sanction under section 256J.46.
Sec. 89. Minnesota Statutes 2002, section 256J.55,
subdivision 2, is amended to read:
Subd. 2. [DUTY TO REPORT.] The participant must inform the
job counselor within three ten working days regarding any
changes related to the participant's employment status.
Sec. 90. Minnesota Statutes 2002, section 256J.56, is
amended to read:
256J.56 [EMPLOYMENT AND TRAINING SERVICES COMPONENT;
EXEMPTIONS.]
(a) An MFIP participant is exempt from the requirements of
sections 256J.52 256J.515 to 256J.55 256J.57 if the participant
belongs to any of the following groups:
(1) participants who are age 60 or older;
(2) participants who are suffering from a professionally
certified permanent or temporary illness, injury, or incapacity
which has been certified by a qualified professional when the
illness, injury, or incapacity is expected to continue for more
than 30 days and which prevents the person from obtaining or
retaining employment. Persons in this category with a temporary
illness, injury, or incapacity must be reevaluated at least
quarterly;
(3) participants whose presence in the home is required as
a caregiver because of a professionally certified the illness,
injury, or incapacity of another member in the assistance unit,
a relative in the household, or a foster child in the
household and when the illness or incapacity and the need for a
person to provide assistance in the home has been certified by a
qualified professional and is expected to continue for more than
30 days;
(4) women who are pregnant, if the pregnancy has resulted
in a professionally certified an incapacity that prevents the
woman from obtaining or retaining employment, and the incapacity
has been certified by a qualified professional;
(5) caregivers of a child under the age of one year who
personally provide full-time care for the child. This exemption
may be used for only 12 months in a lifetime. In two-parent
households, only one parent or other relative may qualify for
this exemption;
(6) participants experiencing a personal or family crisis
that makes them incapable of participating in the program, as
determined by the county agency. If the participant does not
agree with the county agency's determination, the participant
may seek professional certification from a qualified
professional, as defined in section 256J.08, that the
participant is incapable of participating in the program.
Persons in this exemption category must be reevaluated
every 60 days. A personal or family crisis related to family
violence, as determined by the county or a job counselor with
the assistance of a person trained in domestic violence, should
not result in an exemption, but should be addressed through the
development or revision of an alternative employment plan under
section 256J.52 256J.521, subdivision 6 3; or
(7) caregivers with a child or an adult in the household
who meets the disability or medical criteria for home care
services under section 256B.0627, subdivision 1,
paragraph (c) (f), or a home and community-based waiver services
program under chapter 256B, or meets the criteria for severe
emotional disturbance under section 245.4871, subdivision 6, or
for serious and persistent mental illness under section 245.462,
subdivision 20, paragraph (c). Caregivers in this exemption
category are presumed to be prevented from obtaining or
retaining employment.
A caregiver who is exempt under clause (5) must enroll in
and attend an early childhood and family education class, a
parenting class, or some similar activity, if available, during
the period of time the caregiver is exempt under this section.
Notwithstanding section 256J.46, failure to attend the required
activity shall not result in the imposition of a sanction.
(b) The county agency must provide employment and training
services to MFIP participants who are exempt under this section,
but who volunteer to participate. Exempt volunteers may request
approval for any work activity under section 256J.49,
subdivision 13. The hourly participation requirements for
nonexempt participants under section 256J.50 256J.55,
subdivision 5 1, do not apply to exempt participants who
volunteer to participate.
(c) This section expires on June 30, 2004.
Sec. 91. [256J.561] [UNIVERSAL PARTICIPATION REQUIRED.]
Subdivision 1. [IMPLEMENTATION OF UNIVERSAL PARTICIPATION
REQUIREMENTS.] (a) All caregivers whose applications were
received July 1, 2004, or after, are immediately subject to the
requirements in subdivision 2.
(b) For all MFIP participants who were exempt from
participating in employment services under section 256J.56 as of
June 30, 2004, between July 1, 2004, and June 30, 2005, the
county, as part of the participant's recertification under
section 256J.32, subdivision 6, shall determine whether a new
employment plan is required to meet the requirements in
subdivision 2. Counties shall notify each participant who is in
need of an employment plan that the participant must meet with a
job counselor within ten days to develop an employment plan.
Until a participant's employment plan is developed, the
participant shall be considered in compliance with the
participation requirements in this section if the participant
continues to meet the criteria for an exemption under section
256J.56 as in effect on June 30, 2004, and is cooperating in the
development of the new plan.
Subd. 2. [PARTICIPATION REQUIREMENTS.] (a) All MFIP
caregivers, except caregivers who meet the criteria in
subdivision 3, must participate in employment services. Except
as specified in paragraphs (b) to (d), the employment plan must
meet the requirements of section 256J.521, subdivision 2,
contain allowable work activities, as defined in section
256J.49, subdivision 13, and, include at a minimum, the number
of participation hours required under section 256J.55,
subdivision 1.
(b) Minor caregivers and caregivers who are less than age
20 who have not completed high school or obtained a GED are
required to comply with section 256J.54.
(c) A participant who has a family violence waiver shall
develop and comply with an employment plan under section
256J.521, subdivision 3.
(d) As specified in section 256J.521, subdivision 2,
paragraph (c), a participant who meets any one of the following
criteria may work with the job counselor to develop an
employment plan that contains less than the number of
participation hours under section 256J.55, subdivision 1.
Employment plans for participants covered under this paragraph
must be tailored to recognize the special circumstances of
caregivers and families including limitations due to illness or
disability and caregiving needs:
(1) a participant who is age 60 or older;
(2) a participant who has been diagnosed by a qualified
professional as suffering from an illness or incapacity that is
expected to last for 30 days or more, including a pregnant
participant who is determined to be unable to obtain or retain
employment due to the pregnancy; or
(3) a participant who is determined by a qualified
professional as being needed in the home to care for an ill or
incapacitated family member, including caregivers with a child
or an adult in the household who meets the disability or medical
criteria for home care services under section 256B.0627,
subdivision 1, paragraph (f), or a home and community-based
waiver services program under chapter 256B, or meets the
criteria for severe emotional disturbance under section
245.4871, subdivision 6, or for serious and persistent mental
illness under section 245.462, subdivision 20, paragraph (c).
(e) For participants covered under paragraphs (c) and (d),
the county shall review the participant's employment services
status every three months to determine whether conditions have
changed. When it is determined that the participant's status is
no longer covered under paragraph (c) or (d), the county shall
notify the participant that a new or revised employment plan is
needed. The participant and job counselor shall meet within ten
days of the determination to revise the employment plan.
Subd. 3. [CHILD UNDER 12 WEEKS OF AGE.] (a) A participant
who has a natural born child who is less than 12 weeks of age
who meets the criteria in clauses (1) and (2) is not required to
participate in employment services until the child reaches 12
weeks of age. To be eligible for this provision, the following
conditions must be met:
(1) the child must have been born within ten months of the
caregiver's application for the diversionary work program or
MFIP; and
(2) the assistance unit must not have already used this
provision or the previously allowed child under age one
exemption. However, an assistance unit that has an approved
child under age one exemption at the time this provision becomes
effective may continue to use that exemption until the child
reaches one year of age.
(b) The provision in paragraph (a) ends the first full
month after the child reaches 12 weeks of age. This provision
is available only once in a caregiver's lifetime. In a
two-parent household, only one parent shall be allowed to use
this provision. The participant and job counselor must meet
within ten days after the child reaches 12 weeks of age to
revise the participant's employment plan.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 92. Minnesota Statutes 2002, section 256J.57, is
amended to read:
256J.57 [GOOD CAUSE; FAILURE TO COMPLY; NOTICE;
CONCILIATION CONFERENCE.]
Subdivision 1. [GOOD CAUSE FOR FAILURE TO COMPLY.] The
county agency shall not impose the sanction under section
256J.46 if it determines that the participant has good cause for
failing to comply with the requirements of sections 256J.52
256J.515 to 256J.55 256J.57. Good cause exists when:
(1) appropriate child care is not available;
(2) the job does not meet the definition of suitable
employment;
(3) the participant is ill or injured;
(4) a member of the assistance unit, a relative in the
household, or a foster child in the household is ill and needs
care by the participant that prevents the participant from
complying with the job search support plan or employment plan;
(5) the parental caregiver is unable to secure necessary
transportation;
(6) the parental caregiver is in an emergency situation
that prevents compliance with the job search support plan or
employment plan;
(7) the schedule of compliance with the job search support
plan or employment plan conflicts with judicial proceedings;
(8) a mandatory MFIP meeting is scheduled during a time
that conflicts with a judicial proceeding or a meeting related
to a juvenile court matter, or a participant's work schedule;
(9) the parental caregiver is already participating in
acceptable work activities;
(10) the employment plan requires an educational program
for a caregiver under age 20, but the educational program is not
available;
(11) activities identified in the job search support plan
or employment plan are not available;
(12) the parental caregiver is willing to accept suitable
employment, but suitable employment is not available; or
(13) the parental caregiver documents other verifiable
impediments to compliance with the job search support plan or
employment plan beyond the parental caregiver's control.
The job counselor shall work with the participant to
reschedule mandatory meetings for individuals who fall under
clauses (1), (3), (4), (5), (6), (7), and (8).
Subd. 2. [NOTICE OF INTENT TO SANCTION.] (a) When a
participant fails without good cause to comply with the
requirements of sections 256J.52 256J.515 to 256J.55 256J.57,
the job counselor or the county agency must provide a notice of
intent to sanction to the participant specifying the program
requirements that were not complied with, informing the
participant that the county agency will impose the sanctions
specified in section 256J.46, and informing the participant of
the opportunity to request a conciliation conference as
specified in paragraph (b). The notice must also state that the
participant's continuing noncompliance with the specified
requirements will result in additional sanctions under section
256J.46, without the need for additional notices or conciliation
conferences under this subdivision. The notice, written in
English, must include the department of human services language
block, and must be sent to every applicable participant. If the
participant does not request a conciliation conference within
ten calendar days of the mailing of the notice of intent to
sanction, the job counselor must notify the county agency that
the assistance payment should be reduced. The county must then
send a notice of adverse action to the participant informing the
participant of the sanction that will be imposed, the reasons
for the sanction, the effective date of the sanction, and the
participant's right to have a fair hearing under section 256J.40.
(b) The participant may request a conciliation conference
by sending a written request, by making a telephone request, or
by making an in-person request. The request must be received
within ten calendar days of the date the county agency mailed
the ten-day notice of intent to sanction. If a timely request
for a conciliation is received, the county agency's service
provider must conduct the conference within five days of the
request. The job counselor's supervisor, or a designee of the
supervisor, must review the outcome of the conciliation
conference. If the conciliation conference resolves the
noncompliance, the job counselor must promptly inform the county
agency and request withdrawal of the sanction notice.
(c) Upon receiving a sanction notice, the participant may
request a fair hearing under section 256J.40, without exercising
the option of a conciliation conference. In such cases, the
county agency shall not require the participant to engage in a
conciliation conference prior to the fair hearing.
(d) If the participant requests a fair hearing or a
conciliation conference, sanctions will not be imposed until
there is a determination of noncompliance. Sanctions must be
imposed as provided in section 256J.46.
Sec. 93. Minnesota Statutes 2002, section 256J.62,
subdivision 9, is amended to read:
Subd. 9. [CONTINUATION OF CERTAIN SERVICES.] Only if
services were approved as part of an employment plan prior to
June 30, 2003, at the request of the participant, the county may
continue to provide case management, counseling, or other
support services to a participant:
(a) (1) who has achieved the employment goal; or
(b) (2) who under section 256J.42 is no longer eligible to
receive MFIP but whose income is below 115 percent of the
federal poverty guidelines for a family of the same size.
These services may be provided for up to 12 months
following termination of the participant's eligibility for MFIP.
Sec. 94. [256J.626] [MFIP CONSOLIDATED FUND.]
Subdivision 1. [CONSOLIDATED FUND.] The consolidated fund
is established to support counties and tribes in meeting their
duties under this chapter. Counties and tribes must use funds
from the consolidated fund to develop programs and services that
are designed to improve participant outcomes as measured in
section 256J.751, subdivision 2. Counties may use the funds for
any allowable expenditures under subdivision 2. Tribes may use
the funds for any allowable expenditures under subdivision 2,
except those in clauses (1) and (6).
Subd. 2. [ALLOWABLE EXPENDITURES.] (a) The commissioner
must restrict expenditures under the consolidated fund to
benefits and services allowed under title IV-A of the federal
Social Security Act. Allowable expenditures under the
consolidated fund may include, but are not limited to:
(1) short-term, nonrecurring shelter and utility needs that
are excluded from the definition of assistance under Code of
Federal Regulations, title 45, section 260.31, for families who
meet the residency requirement in section 256J.12, subdivisions
1 and 1a. Payments under this subdivision are not considered
TANF cash assistance and are not counted towards the 60-month
time limit;
(2) transportation needed to obtain or retain employment or
to participate in other approved work activities;
(3) direct and administrative costs of staff to deliver
employment services for MFIP or the diversionary work program,
to administer financial assistance, and to provide specialized
services intended to assist hard-to-employ participants to
transition to work;
(4) costs of education and training including functional
work literacy and English as a second language;
(5) cost of work supports including tools, clothing, boots,
and other work-related expenses;
(6) county administrative expenses as defined in Code of
Federal Regulations, title 45, section 260(b);
(7) services to parenting and pregnant teens;
(8) supported work;
(9) wage subsidies;
(10) child care needed for MFIP or diversionary work
program participants to participate in social services;
(11) child care to ensure that families leaving MFIP or
diversionary work program will continue to receive child care
assistance from the time the family no longer qualifies for
transition year child care until an opening occurs under the
basic sliding fee child care program; and
(12) services to help noncustodial parents who live in
Minnesota and have minor children receiving MFIP or DWP
assistance, but do not live in the same household as the child,
obtain or retain employment.
(b) Administrative costs that are not matched with county
funds as provided in subdivision 8 may not exceed 7.5 percent of
a county's or 15 percent of a tribe's reimbursement under this
section. The commissioner shall define administrative costs for
purposes of this subdivision.
Subd. 3. [ELIGIBILITY FOR SERVICES.] Families with a minor
child, a pregnant woman, or a noncustodial parent of a minor
child receiving assistance, with incomes below 200 percent of
the federal poverty guideline for a family of the applicable
size, are eligible for services funded under the consolidated
fund. Counties and tribes must give priority to families
currently receiving MFIP or diversionary work program, and
families at risk of receiving MFIP or diversionary work program.
Subd. 4. [COUNTY AND TRIBAL BIENNIAL SERVICE
AGREEMENTS.] (a) Effective January 1, 2004, and each two-year
period thereafter, each county and tribe must have in place an
approved biennial service agreement related to the services and
programs in this chapter. In counties with a city of the first
class with a population over 300,000, the county must consider a
service agreement that includes a jointly developed plan for the
delivery of employment services with the city. Counties may
collaborate to develop multicounty, multitribal, or regional
service agreements.
(b) The service agreements will be completed in a form
prescribed by the commissioner. The agreement must include:
(1) a statement of the needs of the service population and
strengths and resources in the community;
(2) numerical goals for participant outcomes measures to be
accomplished during the biennial period. The commissioner may
identify outcomes from section 256J.751, subdivision 2, as core
outcomes for all counties and tribes;
(3) strategies the county or tribe will pursue to achieve
the outcome targets. Strategies must include specification of
how funds under this section will be used and may include
community partnerships that will be established or strengthened;
and
(4) other items prescribed by the commissioner in
consultation with counties and tribes.
(c) The commissioner shall provide each county and tribe
with information needed to complete an agreement, including:
(1) information on MFIP cases in the county or tribe; (2)
comparisons with the rest of the state; (3) baseline performance
on outcome measures; and (4) promising program practices.
(d) The service agreement must be submitted to the
commissioner by October 15, 2003, and October 15 of each second
year thereafter. The county or tribe must allow a period of not
less than 30 days prior to the submission of the agreement to
solicit comments from the public on the contents of the
agreement.
(e) The commissioner must, within 60 days of receiving each
county or tribal service agreement, inform the county or tribe
if the service agreement is approved. If the service agreement
is not approved, the commissioner must inform the county or
tribe of any revisions needed prior to approval.
(f) The service agreement in this subdivision supersedes
the plan requirements of section 268.88.
Subd. 5. [INNOVATION PROJECTS.] Beginning January 1, 2005,
no more than $3,000,000 of the funds annually appropriated to
the commissioner for use in the consolidated fund shall be
available to the commissioner for projects testing innovative
approaches to improving outcomes for MFIP participants, and
persons at risk of receiving MFIP as detailed in subdivision 3.
Projects shall be targeted to geographic areas with poor
outcomes as specified in section 256J.751, subdivision 5, or to
subgroups within the MFIP case load who are experiencing poor
outcomes.
Subd. 6. [BASE ALLOCATION TO COUNTIES AND TRIBES.] (a) For
purposes of this section, the following terms have the meanings
given them:
(1) "2002 historic spending base" means the commissioner's
determination of the sum of the reimbursement related to fiscal
year 2002 of county or tribal agency expenditures for the base
programs listed in clause (4), items (i) through (iv), and
earnings related to calendar year 2002 in the base program
listed in clause (4), item (v), and the amount of spending in
fiscal year 2002 in the base program listed in clause (4), item
(vi), issued to or on behalf of persons residing in the county
or tribal service delivery area.
(2) "Initial allocation" means the amount potentially
available to each county or tribe based on the formula in
paragraphs (b) through (d).
(3) "Final allocation" means the amount available to each
county or tribe based on the formula in paragraphs (b) through
(d), after adjustment by subdivision 7.
(4) "Base programs" means the:
(i) MFIP employment and training services under section
256J.62, subdivision 1, in effect June 30, 2002;
(ii) bilingual employment and training services to refugees
under section 256J.62, subdivision 6, in effect June 30, 2002;
(iii) work literacy language programs under section
256J.62, subdivision 7, in effect June 30, 2002;
(iv) supported work program authorized in Laws 2001, First
Special Session chapter 9, article 17, section 2, in effect June
30, 2002;
(v) administrative aid program under section 256J.76 in
effect December 31, 2002; and
(vi) emergency assistance program under section 256J.48 in
effect June 30, 2002.
(b)(1) Beginning July 1, 2003, the commissioner shall
determine the initial allocation of funds available under this
section according to clause (2).
(2) All of the funds available for the period beginning
July 1, 2003, and ending December 31, 2004, shall be allocated
to each county or tribe in proportion to the county's or tribe's
share of the statewide 2002 historic spending base.
(c) For calendar year 2005, the commissioner shall
determine the initial allocation of funds to be made available
under this section in proportion to the county or tribe's
initial allocation for the period of July 1, 2003 to December
31, 2004.
(d) The formula under this subdivision sunsets December 31,
2005.
(e) Before November 30, 2003, a county or tribe may ask for
a review of the commissioner's determination of the historic
base spending when the county or tribe believes the 2002
information was inaccurate or incomplete. By January 1, 2004,
the commissioner must adjust that county's or tribe's base when
the commissioner has determined that inaccurate or incomplete
information was used to develop that base. The commissioner
shall adjust each county's or tribe's initial allocation under
paragraph (c) and final allocation under subdivision 7 to
reflect the base change.
(f) Effective January 1, 2005, counties and tribes will
have their final allocations adjusted based on the performance
provisions of subdivision 7.
Subd. 7. [PERFORMANCE BASE FUNDS.] (a) Each county and
tribe will be allocated 95 percent of their initial calendar
year 2005 allocation. Counties and tribes will be allocated
additional funds based on performance as follows:
(1) a county or tribe that achieves a 50 percent rate or
higher on the MFIP participation rate under section 256J.751,
subdivision 2, clause (8), as averaged across the four quarterly
measurements for the most recent year for which the measurements
are available, will receive an additional allocation equal to
2.5 percent of its initial allocation; and
(2) a county or tribe that performs above the top of its
range of expected performance on the three-year self-support
index under section 256J.751, subdivision 2, clause (7), in both
measurements in the preceding year will receive an additional
allocation equal to five percent of its initial allocation; or
(3) a county or tribe that performs within its range of
expected performance on the three-year self-support index under
section 256J.751, subdivision 2, clause (7), in both
measurements in the preceding year, or above the top of its
range of expected performance in one measurement and within its
expected range of performance in the other measurement, will
receive an additional allocation equal to 2.5 percent of its
initial allocation.
(b) Funds remaining unallocated after the performance-based
allocations in paragraph (a) are available to the commissioner
for innovation projects under subdivision 5.
(c)(1) If available funds are insufficient to meet county
and tribal allocations under paragraph (a), the commissioner may
make available for allocation funds that are unobligated and
available from the innovation projects through the end of the
current biennium.
(2) If after the application of clause (1) funds remain
insufficient to meet county and tribal allocations under
paragraph (a), the commissioner must proportionally reduce the
allocation of each county and tribe with respect to their
maximum allocation available under paragraph (a).
Subd. 8. [REPORTING REQUIREMENT AND REIMBURSEMENT.] (a)
The commissioner shall specify requirements for reporting
according to section 256.01, subdivision 2, clause (17). Each
county or tribe shall be reimbursed for eligible expenditures up
to the limit of its allocation and subject to availability of
funds.
(b) Reimbursements for county administrative-related
expenditures determined through the income maintenance random
moment time study shall be reimbursed at a rate of 50 percent of
eligible expenditures.
(c) The commissioner of human services shall review county
and tribal agency expenditures of the MFIP consolidated fund as
appropriate and may reallocate unencumbered or unexpended money
appropriated under this section to those county and tribal
agencies that can demonstrate a need for additional money.
Subd. 9. [REPORT.] The commissioner shall, in consultation
with counties and tribes:
(1) determine how performance-based allocations under
subdivision 7, paragraph (a), clauses (2) and (3), will be
allocated to groupings of counties and tribes when groupings are
used to measure expected performance ranges for the self-support
index under section 256J.751, subdivision 2, clause (7); and
(2) determine how performance-based allocations under
subdivision 7, paragraph (a), clauses (2) and (3), will be
allocated to tribes.
The commissioner shall report to the legislature on the formulas
developed in clauses (1) and (2) by January 1, 2004.
Sec. 95. Minnesota Statutes 2002, section 256J.645,
subdivision 3, is amended to read:
Subd. 3. [FUNDING.] If the commissioner and an Indian
tribe are parties to an agreement under this subdivision, the
agreement shall annually provide to the Indian tribe the funding
allocated in section 256J.62, subdivisions 1 and 2a 256J.626.
Sec. 96. Minnesota Statutes 2002, section 256J.66,
subdivision 2, is amended to read:
Subd. 2. [TRAINING AND PLACEMENT.] (a) County agencies
shall limit the length of training based on the complexity of
the job and the caregiver's previous experience and training.
Placement in an on-the-job training position with an employer is
for the purpose of training and employment with the same
employer who has agreed to retain the person upon satisfactory
completion of training.
(b) Placement of any participant in an on-the-job training
position must be compatible with the participant's assessment
and employment plan under section 256J.52 256J.521.
Sec. 97. Minnesota Statutes 2002, section 256J.69,
subdivision 2, is amended to read:
Subd. 2. [TRAINING AND PLACEMENT.] (a) County agencies
shall limit the length of training to nine months. Placement in
a grant diversion training position with an employer is for the
purpose of training and employment with the same employer who
has agreed to retain the person upon satisfactory completion of
training.
(b) Placement of any participant in a grant diversion
subsidized training position must be compatible with the
assessment and employment plan or employability development plan
established for the recipient under section 256J.52 or 256K.03,
subdivision 8 256J.521.
Sec. 98. Minnesota Statutes 2002, section 256J.75,
subdivision 3, is amended to read:
Subd. 3. [RESPONSIBILITY FOR INCORRECT ASSISTANCE
PAYMENTS.] A county of residence, when different from the county
of financial responsibility, will be charged by the commissioner
for the value of incorrect assistance payments and medical
assistance paid to or on behalf of a person who was not eligible
to receive that amount. Incorrect payments include payments to
an ineligible person or family resulting from decisions,
failures to act, miscalculations, or overdue recertification.
However, financial responsibility does not accrue for a county
when the recertification is overdue at the time the referral is
received by the county of residence or when the county of
financial responsibility does not act on the recommendation of
the county of residence. When federal or state law requires
that medical assistance continue after assistance ends, this
subdivision also governs financial responsibility for the
extended medical assistance.
Sec. 99. Minnesota Statutes 2002, section 256J.751,
subdivision 1, is amended to read:
Subdivision 1. [QUARTERLY MONTHLY COUNTY CASELOAD REPORT.]
The commissioner shall report quarterly monthly to each county
on the county's performance on the following measures following
caseload information:
(1) number of cases receiving only the food portion of
assistance;
(2) number of child-only cases;
(3) number of minor caregivers;
(4) number of cases that are exempt from the 60-month time
limit by the exemption category under section 256J.42;
(5) number of participants who are exempt from employment
and training services requirements by the exemption category
under section 256J.56;
(6) number of assistance units receiving assistance under a
hardship extension under section 256J.425;
(7) number of participants and number of months spent in
each level of sanction under section 256J.46, subdivision 1;
(8) number of MFIP cases that have left assistance;
(9) federal participation requirements as specified in
title 1 of Public Law Number 104-193;
(10) median placement wage rate; and
(11) of each county's total MFIP caseload less the number
of cases in clauses (1) to (6):
(i) number of one-parent cases;
(ii) number of two-parent cases;
(iii) percent of one-parent cases that are working more
than 20 hours per week;
(iv) percent of two-parent cases that are working more than
20 hours per week; and
(v) percent of cases that have received more than 36 months
of assistance.
(1) total number of cases receiving MFIP, and subtotals of
cases with one eligible parent, two eligible parents, and an
eligible caregiver who is not a parent;
(2) total number of child only assistance cases;
(3) total number of eligible adults and children receiving
an MFIP grant, and subtotals for cases with one eligible parent,
two eligible parents, an eligible caregiver who is not a parent,
and child only cases;
(4) number of cases with an exemption from the 60-month
time limit based on a family violence waiver;
(5) number of MFIP cases with work hours, and subtotals for
cases with one eligible parent, two eligible parents, and an
eligible caregiver who is not a parent;
(6) number of employed MFIP cases, and subtotals for cases
with one eligible parent, two eligible parents, and an eligible
caregiver who is not a parent;
(7) average monthly gross earnings, and averages for
subgroups of cases with one eligible parent, two eligible
parents, and an eligible caregiver who is not a parent;
(8) number of employed cases receiving only the food
portion of assistance;
(9) number of parents or caregivers exempt from work
activity requirements, with subtotals for each exemption type;
and
(10) number of cases with a sanction, with subtotals by
level of sanction for cases with one eligible parent, two
eligible parents, and an eligible caregiver who is not a parent.
Sec. 100. Minnesota Statutes 2002, section 256J.751,
subdivision 2, is amended to read:
Subd. 2. [QUARTERLY COMPARISON REPORT.] The commissioner
shall report quarterly to all counties on each county's
performance on the following measures:
(1) percent of MFIP caseload working in paid employment;
(2) percent of MFIP caseload receiving only the food
portion of assistance;
(3) number of MFIP cases that have left assistance;
(4) federal participation requirements as specified in
Title 1 of Public Law Number 104-193;
(5) median placement wage rate; and
(6) caseload by months of TANF assistance;
(7) percent of MFIP cases off cash assistance or working 30
or more hours per week at one-year, two-year, and three-year
follow-up points from a base line quarter. This measure is
called the self-support index. Twice annually, the commissioner
shall report an expected range of performance for each county,
county grouping, and tribe on the self-support index. The
expected range shall be derived by a statistical methodology
developed by the commissioner in consultation with the counties
and tribes. The statistical methodology shall control
differences across counties in economic conditions and
demographics of the MFIP case load; and
(8) the MFIP work participation rate, defined as the
participation requirements specified in title 1 of Public Law
104-193 applied to all MFIP cases except child only cases and
cases exempt under section 256J.56.
Sec. 101. Minnesota Statutes 2002, section 256J.751,
subdivision 5, is amended to read:
Subd. 5. [FAILURE TO MEET FEDERAL PERFORMANCE STANDARDS.]
(a) If sanctions occur for failure to meet the performance
standards specified in title 1 of Public Law Number 104-193 of
the Personal Responsibility and Work Opportunity Act of 1996,
the state shall pay 88 percent of the sanction. The remaining
12 percent of the sanction will be paid by the counties. The
county portion of the sanction will be distributed across all
counties in proportion to each county's percentage of the MFIP
average monthly caseload during the period for which the
sanction was applied.
(b) If a county fails to meet the performance standards
specified in title 1 of Public Law Number 104-193 of the
Personal Responsibility and Work Opportunity Act of 1996 for any
year, the commissioner shall work with counties to organize a
joint state-county technical assistance team to work with the
county. The commissioner shall coordinate any technical
assistance with other departments and agencies including the
departments of economic security and children, families, and
learning as necessary to achieve the purpose of this paragraph.
(c) For state performance measures, a low-performing county
is one that:
(1) performs below the bottom of their expected range for
the measure in subdivision 2, clause (7), in both measurements
during the year; or
(2) performs below 40 percent for the measure in
subdivision 2, clause (8), as averaged across the four quarterly
measurements for the year, or the ten counties with the lowest
rates if more than ten are below 40 percent.
(d) Low-performing counties under paragraph (c) must engage
in corrective action planning as defined by the commissioner.
The commissioner may coordinate technical assistance as
specified in paragraph (b) for low-performing counties under
paragraph (c).
Sec. 102. [256J.95] [DIVERSIONARY WORK PROGRAM.]
Subdivision 1. [ESTABLISHING A DIVERSIONARY WORK PROGRAM
(DWP).] (a) The Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, Public Law 104-193, establishes
block grants to states for temporary assistance for needy
families (TANF). TANF provisions allow states to use TANF
dollars for nonrecurrent, short-term diversionary benefits. The
diversionary work program established on July 1, 2003, is
Minnesota's TANF program to provide short-term diversionary
benefits to eligible recipients of the diversionary work program.
(b) The goal of the diversionary work program is to provide
short-term, necessary services and supports to families which
will lead to unsubsidized employment, increase economic
stability, and reduce the risk of those families needing longer
term assistance, under the Minnesota family investment program
(MFIP).
(c) When a family unit meets the eligibility criteria in
this section, the family must receive a diversionary work
program grant and is not eligible for MFIP.
(d) A family unit is eligible for the diversionary work
program for a maximum of four months only once in a 12-month
period. The 12-month period begins at the date of application
or the date eligibility is met, whichever is later. During the
four-month period, family maintenance needs as defined in
subdivision 2, shall be vendor paid, up to the cash portion of
the MFIP standard of need for the same size household. To the
extent there is a balance available between the amount paid for
family maintenance needs and the cash portion of the
transitional standard, a personal needs allowance of up to $70
per DWP recipient in the family unit shall be issued. The
personal needs allowance payment plus the family maintenance
needs shall not exceed the cash portion of the MFIP standard of
need. Counties may provide supportive and other allowable
services funded by the MFIP consolidated fund under section
256J.626 to eligible participants during the four-month
diversionary period.
Subd. 2. [DEFINITIONS.] The terms used in this section
have the following meanings.
(a) "Diversionary Work Program (DWP)" means the program
established under this section.
(b) "Employment plan" means a plan developed by the job
counselor and the participant which identifies the participant's
most direct path to unsubsidized employment, lists the specific
steps that the caregiver will take on that path, and includes a
timetable for the completion of each step. For participants who
request and qualify for a family violence waiver in section
256J.521, subdivision 3, an employment plan must be developed by
the job counselor, the participant and a person trained in
domestic violence and follow the employment plan provisions in
section 256J.521, subdivision 3. Employment plans under this
section shall be written for a period of time not to exceed four
months.
(c) "Employment services" means programs, activities, and
services in this section that are designed to assist
participants in obtaining and retaining employment.
(d) "Family maintenance needs" means current housing costs
including rent, manufactured home lot rental costs, or monthly
principal, interest, insurance premiums, and property taxes due
for mortgages or contracts for deed, association fees required
for homeownership, utility costs for current month expenses of
gas and electric, garbage, water and sewer, and a flat rate of
$35 for telephone services.
(e) "Family unit" means a group of people applying for or
receiving DWP benefits together. For the purposes of
determining eligibility for this program, the unit includes the
relationships in section 256J.24, subdivisions 2 and 4.
(f) "Minnesota family investment program (MFIP)" means the
assistance program as defined in section 256J.08, subdivision 57.
(g) "Personal needs allowance" means an allowance of up to
$70 per month per DWP unit member to pay for expenses such as
household products and personal products.
(h) "Work activities" means allowable work activities as
defined in section 256J.49, subdivision 13.
Subd. 3. [ELIGIBILITY FOR DIVERSIONARY WORK PROGRAM.] (a)
Except for the categories of family units listed below, all
family units who apply for cash benefits and who meet MFIP
eligibility as required in sections 256J.11 to 256J.15 are
eligible and must participate in the diversionary work program.
Family units that are not eligible for the diversionary work
program include:
(1) child only cases;
(2) a single-parent family unit that includes a child under
12 weeks of age. A parent is eligible for this exception once
in a parent's lifetime and is not eligible if the parent has
already used the previously allowed child under age one
exemption from MFIP employment services;
(3) a minor parent without a high school diploma or its
equivalent;
(4) a caregiver 18 or 19 years of age without a high school
diploma or its equivalent who chooses to have an employment plan
with an education option;
(5) a caregiver age 60 or over;
(6) family units with a parent who received DWP benefits
within a 12-month period as defined in subdivision 1, paragraph
(d); and
(7) family units with a parent who received MFIP within the
past 12 months.
(b) A two-parent family must participate in DWP unless both
parents meet the criteria for an exception under paragraph (a),
clauses (1) through (5), or the family unit includes a parent
who meets the criteria in paragraph (a), clause (6) or (7).
Subd. 4. [COOPERATION WITH PROGRAM REQUIREMENTS.] (a) To
be eligible for DWP, an applicant must comply with the
requirements of paragraphs (b) to (d).
(b) Applicants and participants must cooperate with the
requirements of the child support enforcement program, but will
not be charged a fee under section 518.551, subdivision 7.
(c) The applicant must provide each member of the family
unit's social security number to the county agency. This
requirement is satisfied when each member of the family unit
cooperates with the procedures for verification of numbers,
issuance of duplicate cards, and issuance of new numbers which
have been established jointly between the Social Security
Administration and the commissioner.
(d) Before DWP benefits can be issued to a family unit, the
caregiver must, in conjunction with a job counselor, develop and
sign an employment plan. In two-parent family units, both
parents must develop and sign employment plans before benefits
can be issued. Food support and health care benefits are not
contingent on the requirement for a signed employment plan.
Subd. 5. [SUBMITTING APPLICATION FORM.] The eligibility
date for the diversionary work program begins with the date the
signed combined application form (CAF) is received by the county
agency or the date diversionary work program eligibility
criteria are met, whichever is later. The county agency must
inform the applicant that any delay in submitting the
application will reduce the benefits paid for the month of
application. The county agency must inform a person that an
application may be submitted before the person has an interview
appointment. Upon receipt of a signed application, the county
agency must stamp the date of receipt on the face of the
application. The applicant may withdraw the application at any
time prior to approval by giving written or oral notice to the
county agency. The county agency must follow the notice
requirements in section 256J.09, subdivision 3, when issuing a
notice confirming the withdrawal.
Subd. 6. [INITIAL SCREENING OF APPLICATIONS.] Upon receipt
of the application, the county agency must determine if the
applicant may be eligible for other benefits as required in
sections 256J.09, subdivision 3a, and 256J.28, subdivisions 1
and 5. The county must also follow the provisions in section
256J.09, subdivision 3b, clause (2).
Subd. 7. [PROGRAM AND PROCESSING STANDARDS.] (a) The
interview to determine financial eligibility for the
diversionary work program must be conducted within five working
days of the receipt of the cash application form. During the
intake interview the financial worker must discuss:
(1) the goals, requirements, and services of the
diversionary work program;
(2) the availability of child care assistance. If child
care is needed, the worker must obtain a completed application
for child care from the applicant before the interview is
terminated. The same day the application for child care is
received, the application must be forwarded to the appropriate
child care worker. For purposes of eligibility for child care
assistance under chapter 119B, DWP participants shall be
eligible for the same benefits as MFIP recipients; and
(3) if the applicant has not requested food support and
health care assistance on the application, the county agency
shall, during the interview process, talk with the applicant
about the availability of these benefits.
(b) The county shall follow section 256J.74, subdivision 2,
paragraph (b), clauses (1) and (2), when an applicant or a
recipient of DWP has a person who is a member of more than one
assistance unit in a given payment month.
(c) If within 30 days the county agency cannot determine
eligibility for the diversionary work program, the county must
deny the application and inform the applicant of the decision
according to the notice provisions in section 256J.31. A family
unit is eligible for a fair hearing under section 256J.40.
Subd. 8. [VERIFICATION REQUIREMENTS.] (a) A county agency
must only require verification of information necessary to
determine DWP eligibility and the amount of the payment. The
applicant or participant must document the information required
or authorize the county agency to verify the information. The
applicant or participant has the burden of providing documentary
evidence to verify eligibility. The county agency shall assist
the applicant or participant in obtaining required documents
when the applicant or participant is unable to do so.
(b) A county agency must not request information about an
applicant or participant that is not a matter of public record
from a source other than county agencies, the department of
human services, or the United States Department of Health and
Human Services without the person's prior written consent. An
applicant's signature on an application form constitutes consent
for contact with the sources specified on the application. A
county agency may use a single consent form to contact a group
of similar sources, but the sources to be contacted must be
identified by the county agency prior to requesting an
applicant's consent.
(c) Factors to be verified shall follow section 256J.32,
subdivision 4. Except for personal needs, family maintenance
needs must be verified before the expense can be allowed in the
calculation of the DWP grant.
Subd. 9. [PROPERTY AND INCOME LIMITATIONS.] The asset
limits and exclusions in section 256J.20, apply to applicants
and recipients of DWP. All payments, unless excluded in section
256J.21, must be counted as income to determine eligibility for
the diversionary work program. The county shall treat income as
outlined in section 256J.37, except for subdivision 3a. The
initial income test and the disregards in section 256J.21,
subdivision 3, shall be followed for determining eligibility for
the diversionary work program.
Subd. 10. [DIVERSIONARY WORK PROGRAM GRANT.] (a) The
amount of cash benefits that a family unit is eligible for under
the diversionary work program is based on the number of persons
in the family unit, the family maintenance needs, personal needs
allowance, and countable income. The county agency shall
evaluate the income of the family unit that is requesting
payments under the diversionary work program. Countable income
means gross earned and unearned income not excluded or
disregarded under MFIP. The same disregards for earned income
that are allowed under MFIP are allowed for the diversionary
work program.
(b) The DWP grant is based on the family maintenance needs
for which the DWP family unit is responsible plus a personal
needs allowance. Housing and utilities, except for telephone
service, shall be vendor paid. Unless otherwise stated in this
section, actual housing and utility expenses shall be used when
determining the amount of the DWP grant.
(c) The maximum monthly benefit amount available under the
diversionary work program is the difference between the family
unit's needs under paragraph (b) and the family unit's countable
income not to exceed the cash portion of the MFIP standard of
need as defined in section 256J.08, subdivision 55a, for the
family unit's size.
(d) Once the county has determined a grant amount, the DWP
grant amount will not be decreased if the determination is based
on the best information available at the time of approval and
shall not be decreased because of any additional income to the
family unit. The grant must be increased if a participant later
verifies an increase in family maintenance needs or family unit
size. The minimum cash benefit amount, if income and asset
tests are met, is $10. Benefits of $10 shall not be vendor paid.
(e) When all criteria are met, including the development of
an employment plan as described in subdivision 14 and
eligibility exists for the month of application, the amount of
benefits for the diversionary work program retroactive to the
date of application is as specified in section 256J.35,
paragraph (a).
(f) Any month during the four-month DWP period that a
person receives a DWP benefit directly or through a vendor
payment made on the person's behalf, that person is ineligible
for MFIP or any other TANF cash assistance program except for
benefits defined in section 256J.626, subdivision 2, clause (1).
If during the four-month period a family unit that receives
DWP benefits moves to a county that has not established a
diversionary work program, the family unit may be eligible for
MFIP the month following the last month of the issuance of the
DWP benefit.
Subd. 11. [UNIVERSAL PARTICIPATION REQUIRED.] (a) All DWP
caregivers, except caregivers who meet the criteria in paragraph
(d), are required to participate in DWP employment services.
Except as specified in paragraphs (b) and (c), employment plans
under DWP must, at a minimum, meet the requirements in section
256J.55, subdivision 1.
(b) A caregiver who is a member of a two-parent family that
is required to participate in DWP who would otherwise be
ineligible for DWP under subdivision 3 may be allowed to develop
an employment plan under section 256J.521, subdivision 2,
paragraph (c), that may contain alternate activities and reduced
hours.
(c) A participant who has a family violence waiver shall be
allowed to develop an employment plan under section 256J.521,
subdivision 3.
(d) One parent in a two-parent family unit that has a
natural born child under 12 weeks of age is not required to have
an employment plan until the child reaches 12 weeks of age
unless the family unit has already used the exclusion under
section 256J.561, subdivision 2, or the previously allowed child
under age one exemption under section 256J.56, paragraph (a),
clause (5).
(e) The provision in paragraph (d) ends the first full
month after the child reaches 12 weeks of age. This provision
is allowable only once in a caregiver's lifetime. In a
two-parent household, only one parent shall be allowed to use
this category.
(f) The participant and job counselor must meet within ten
working days after the child reaches 12 weeks of age to revise
the participant's employment plan. The employment plan for a
family unit that has a child under 12 weeks of age that has
already used the exclusion in section 256J.561 or the previously
allowed child under age one exemption under section 256J.56,
paragraph (a), clause (5), must be tailored to recognize the
caregiving needs of the parent.
Subd. 12. [CONVERSION OR REFERRAL TO MFIP.] (a) If at any
time during the DWP application process or during the four-month
DWP eligibility period, it is determined that a participant is
unlikely to benefit from the diversionary work program, the
county shall convert or refer the participant to MFIP as
specified in paragraph (d). Participants who are determined to
be unlikely to benefit from the diversionary work program must
develop and sign an employment plan. Participants who meet any
one of the criteria in paragraph (b) shall be considered to be
unlikely to benefit from DWP, provided the necessary
documentation is available to support the determination.
(b) A participant who:
(1) has been determined by a qualified professional as
being unable to obtain or retain employment due to an illness,
injury, or incapacity that is expected to last at least 60 days;
(2) is required in the home as a caregiver because of the
illness, injury, or incapacity, of a family member, or a
relative in the household, or a foster child, and the illness,
injury, or incapacity and the need for a person to provide
assistance in the home has been certified by a qualified
professional and is expected to continue more than 60 days;
(3) is determined by a qualified professional as being
needed in the home to care for a child meeting the special
medical criteria in section 256J.425, subdivision 2, clause (3);
(4) is pregnant and is determined by a qualified
professional as being unable to obtain or retain employment due
to the pregnancy; or
(5) has applied for SSI or RSDI.
(c) In a two-parent family unit, both parents must be
determined to be unlikely to benefit from the diversionary work
program before the family unit can be converted or referred to
MFIP.
(d) A participant who is determined to be unlikely to
benefit from the diversionary work program shall be converted to
MFIP and, if the determination was made within 30 days of the
initial application for benefits, no additional application form
is required. A participant who is determined to be unlikely to
benefit from the diversionary work program shall be referred to
MFIP and, if the determination is made more than 30 days after
the initial application, the participant must submit a program
change request form. The county agency shall process the
program change request form by the first of the following month
to ensure that no gap in benefits is due to delayed action by
the county agency. In processing the program change request
form, the county must follow section 256J.32, subdivision 1,
except that the county agency shall not require additional
verification of the information in the case file from the DWP
application unless the information in the case file is
inaccurate, questionable, or no longer current.
(e) The county shall not request a combined application
form for a participant who has exhausted the four months of the
diversionary work program, has continued need for cash and food
assistance, and has completed, signed, and submitted a program
change request form within 30 days of the fourth month of the
diversionary work program. The county must process the program
change request according to section 256J.32, subdivision 1,
except that the county agency shall not require additional
verification of information in the case file unless the
information is inaccurate, questionable, or no longer current.
When a participant does not request MFIP within 30 days of the
diversionary work program benefits being exhausted, a new
combined application form must be completed for any subsequent
request for MFIP.
Subd. 13. [IMMEDIATE REFERRAL TO EMPLOYMENT SERVICES.]
Within one working day of determination that the applicant is
eligible for the diversionary work program, but before benefits
are issued to or on behalf of the family unit, the county shall
refer all caregivers to employment services. The referral to
the DWP employment services must be in writing and must contain
the following information:
(1) notification that, as part of the application process,
applicants are required to develop an employment plan or the DWP
application will be denied;
(2) the employment services provider name and phone number;
(3) the date, time, and location of the scheduled
employment services interview;
(4) the immediate availability of supportive services,
including, but not limited to, child care, transportation, and
other work-related aid; and
(5) the rights, responsibilities, and obligations of
participants in the program, including, but not limited to, the
grounds for good cause, the consequences of refusing or failing
to participate fully with program requirements, and the appeal
process.
Subd. 14. [EMPLOYMENT PLAN; DWP BENEFITS.] As soon as
possible, but no later than ten working days of being notified
that a participant is financially eligible for the diversionary
work program, the employment services provider shall provide the
participant with an opportunity to meet to develop an initial
employment plan. Once the initial employment plan has been
developed and signed by the participant and the job counselor,
the employment services provider shall notify the county within
one working day that the employment plan has been signed. The
county shall issue DWP benefits within one working day after
receiving notice that the employment plan has been signed.
Subd. 15. [LIMITATIONS ON CERTAIN WORK ACTIVITIES.] (a)
Except as specified in paragraphs (b) to (d), employment
activities listed in section 256J.49, subdivision 13, are
allowable under the diversionary work program.
(b) Work activities under section 256J.49, subdivision 13,
clause (5), shall be allowable only when in combination with
approved work activities under section 256J.49, subdivision 13,
clauses (1) to (4), and shall be limited to no more than
one-half of the hours required in the employment plan.
(c) In order for an English as a second language (ESL)
class to be an approved work activity, a participant must:
(1) be below a spoken language proficiency level of SPL6 or
its equivalent, as measured by a nationally recognized test; and
(2) not have been enrolled in ESL for more than 24 months
while previously participating in MFIP or DWP. A participant
who has been enrolled in ESL for 20 or more months may be
approved for ESL until the participant has received 24 total
months.
(d) Work activities under section 256J.49, subdivision 13,
clause (6), shall be allowable only when the training or
education program will be completed within the four-month DWP
period. Training or education programs that will not be
completed within the four-month DWP period shall not be approved.
Subd. 16. [FAILURE TO COMPLY WITH REQUIREMENTS.] A family
unit that includes a participant who fails to comply with DWP
employment service or child support enforcement requirements,
without good cause as defined in sections 256.741 and 256J.57,
shall be disqualified from the diversionary work program. The
county shall provide written notice as specified in section
256J.31 to the participant prior to disqualifying the family
unit due to noncompliance with employment service or child
support. The disqualification does not apply to food support or
health care benefits.
Subd. 17. [GOOD CAUSE FOR NOT COMPLYING WITH
REQUIREMENTS.] A participant who fails to comply with the
requirements of the diversionary work program may claim good
cause for reasons listed in sections 256.741 and 256J.57,
subdivision 1, clauses (1) to (13). The county shall not impose
a disqualification if good cause exists.
Subd. 18. [REINSTATEMENT FOLLOWING DISQUALIFICATION.] A
participant who has been disqualified from the diversionary work
program due to noncompliance with employment services may regain
eligibility for the diversionary work program by complying with
program requirements. A participant who has been disqualified
from the diversionary work program due to noncooperation with
child support enforcement requirements may regain eligibility by
complying with child support requirements under section
256.741. Once a participant has been reinstated, the county
shall issue prorated benefits for the remaining portion of the
month. A family unit that has been disqualified from the
diversionary work program due to noncompliance shall not be
eligible for MFIP or any other TANF cash program during the
period of time the participant remains noncompliant. In a
two-parent family, both parents must be in compliance before the
family unit can regain eligibility for benefits.
Subd. 19. [RECOVERY OF OVERPAYMENTS.] When an overpayment
or an ATM error is determined, the overpayment shall be recouped
or recovered as specified in section 256J.38.
Subd. 20. [IMPLEMENTATION OF DWP.] Counties may establish
a diversionary work program according to this section any time
on or after July 1, 2003. Prior to establishing a diversionary
work program, the county must notify the commissioner. All
counties must implement the provisions of this section no later
than July 1, 2004.
Sec. 103. Minnesota Statutes 2002, section 261.063, is
amended to read:
261.063 [TAX LEVY FOR SOCIAL SERVICES; BOARD DUTY;
PENALTY.]
(a) The board of county commissioners of each county shall
annually levy taxes and fix a rate sufficient to produce the
full amount required for poor relief, general assistance,
Minnesota family investment program, diversionary work program,
county share of county and state supplemental aid to
supplemental security income applicants or recipients, and any
other social security measures wherein there is now or may
hereafter be county participation, sufficient to produce the
full amount necessary for each such item, including
administrative expenses, for the ensuing year, within the time
fixed by law in addition to all other tax levies and tax rates,
however fixed or determined, and any commissioner who shall fail
to comply herewith shall be guilty of a gross misdemeanor and
shall be immediately removed from office by the governor. For
the purposes of this paragraph, "poor relief" means county
services provided under sections 261.035, 261.04, and 261.21 to
261.231.
(b) Nothing within the provisions of this section shall be
construed as requiring a county agency to provide income support
or cash assistance to needy persons when they are no longer
eligible for assistance under general assistance, the Minnesota
family investment program chapter 256J, or Minnesota
supplemental aid.
Sec. 104. Minnesota Statutes 2002, section 393.07,
subdivision 10, is amended to read:
Subd. 10. [FEDERAL FOOD STAMP PROGRAM AND THE MATERNAL AND
CHILD NUTRITION ACT.] (a) The local social services agency shall
establish and administer the food stamp or support program
according to rules of the commissioner of human services, the
supervision of the commissioner as specified in section 256.01,
and all federal laws and regulations. The commissioner of human
services shall monitor food stamp or support program delivery on
an ongoing basis to ensure that each county complies with
federal laws and regulations. Program requirements to be
monitored include, but are not limited to, number of
applications, number of approvals, number of cases pending,
length of time required to process each application and deliver
benefits, number of applicants eligible for expedited issuance,
length of time required to process and deliver expedited
issuance, number of terminations and reasons for terminations,
client profiles by age, household composition and income level
and sources, and the use of phone certification and home
visits. The commissioner shall determine the county-by-county
and statewide participation rate.
(b) On July 1 of each year, the commissioner of human
services shall determine a statewide and county-by-county food
stamp program participation rate. The commissioner may
designate a different agency to administer the food stamp
program in a county if the agency administering the program
fails to increase the food stamp program participation rate
among families or eligible individuals, or comply with all
federal laws and regulations governing the food stamp program.
The commissioner shall review agency performance annually to
determine compliance with this paragraph.
(c) A person who commits any of the following acts has
violated section 256.98 or 609.821, or both, and is subject to
both the criminal and civil penalties provided under those
sections:
(1) obtains or attempts to obtain, or aids or abets any
person to obtain by means of a willful statement or
misrepresentation, or intentional concealment of a material
fact, food stamps or vouchers issued according to sections
145.891 to 145.897 to which the person is not entitled or in an
amount greater than that to which that person is entitled or
which specify nutritional supplements to which that person is
not entitled; or
(2) presents or causes to be presented, coupons or vouchers
issued according to sections 145.891 to 145.897 for payment or
redemption knowing them to have been received, transferred or
used in a manner contrary to existing state or federal law; or
(3) willfully uses, possesses, or transfers food stamp
coupons, authorization to purchase cards or vouchers issued
according to sections 145.891 to 145.897 in any manner contrary
to existing state or federal law, rules, or regulations; or
(4) buys or sells food stamp coupons, authorization to
purchase cards, other assistance transaction devices, vouchers
issued according to sections 145.891 to 145.897, or any food
obtained through the redemption of vouchers issued according to
sections 145.891 to 145.897 for cash or consideration other than
eligible food.
(d) A peace officer or welfare fraud investigator may
confiscate food stamps, authorization to purchase cards, or
other assistance transaction devices found in the possession of
any person who is neither a recipient of the food stamp program
nor otherwise authorized to possess and use such materials.
Confiscated property shall be disposed of as the commissioner
may direct and consistent with state and federal food stamp
law. The confiscated property must be retained for a period of
not less than 30 days to allow any affected person to appeal the
confiscation under section 256.045.
(e) Food stamp overpayment claims which are due in whole or
in part to client error shall be established by the county
agency for a period of six years from the date of any resultant
overpayment.
(f) With regard to the federal tax revenue offset program
only, recovery incentives authorized by the federal food and
consumer service shall be retained at the rate of 50 percent by
the state agency and 50 percent by the certifying county agency.
(g) A peace officer, welfare fraud investigator, federal
law enforcement official, or the commissioner of health may
confiscate vouchers found in the possession of any person who is
neither issued vouchers under sections 145.891 to 145.897, nor
otherwise authorized to possess and use such vouchers.
Confiscated property shall be disposed of as the commissioner of
health may direct and consistent with state and federal law.
The confiscated property must be retained for a period of not
less than 30 days.
(h) The commissioner of human services may seek a waiver
from the United States Department of Agriculture to allow the
state to specify foods that may and may not be purchased in
Minnesota with benefits funded by the federal Food Stamp
Program. The commissioner shall consult with the members of the
house of representatives and senate policy committees having
jurisdiction over food support issues in developing the waiver.
The commissioner, in consultation with the commissioners of
health and education, shall develop a broad public health policy
related to improved nutrition and health status. The
commissioner must seek legislative approval prior to
implementing the waiver.
Sec. 105. Laws 1997, chapter 203, article 9, section 21,
as amended by Laws 1998, chapter 407, article 6, section 111,
Laws 2000, chapter 488, article 10, section 28, and Laws 2001,
First Special Session chapter 9, article 10, section 62, is
amended to read:
Sec. 21. [INELIGIBILITY FOR STATE FUNDED PROGRAMS.]
(a) Effective on the date specified, the following
persons Beginning July 1, 2007, legal noncitizens ineligible for
federally funded cash or food benefits due to 1996 changes in
federal law and subsequent relevant enactments, who are eligible
for state-funded MFIP cash or food assistance, will be
ineligible for general assistance and general assistance medical
care under Minnesota Statutes, chapter 256D, group residential
housing under Minnesota Statutes, chapter 256I, and state-funded
MFIP assistance under Minnesota Statutes, chapter 256J, funded
with state money:.
(1) Beginning July 1, 2002, persons who are terminated from
or denied Supplemental Security Income due to the 1996 changes
in the federal law making persons whose alcohol or drug
addiction is a material factor contributing to the person's
disability ineligible for Supplemental Security Income, and are
eligible for general assistance under Minnesota Statutes,
section 256D.05, subdivision 1, paragraph (a), clause (15),
general assistance medical care under Minnesota Statutes,
chapter 256D, or group residential housing under Minnesota
Statutes, chapter 256I; and
(2) Beginning July 1, 2002, legal noncitizens who are
ineligible for Supplemental Security Income due to the 1996
changes in federal law making certain noncitizens ineligible for
these programs due to their noncitizen status; and
(3) beginning July 1, 2003, legal noncitizens who are
eligible for MFIP assistance, either the cash assistance portion
or the food assistance portion, funded entirely with state money.
(b) State money that remains unspent due to changes in
federal law enacted after May 12, 1997, that reduce state
spending for legal noncitizens or for persons whose alcohol or
drug addiction is a material factor contributing to the person's
disability, or enacted after February 1, 1998, that reduce state
spending for food benefits for legal noncitizens shall not
cancel and shall be deposited in the TANF reserve account.
Sec. 106. [REVISOR'S INSTRUCTION.]
(a) In the next publication of Minnesota Statutes, the
revisor of statutes shall codify section 108 of this act.
(b) Wherever "food stamp" or "food stamps" appears in
Minnesota Statutes and Rules, the revisor of statutes shall
insert "food support" or "or food support" except for instances
where federal code or federal law is referenced.
(c) For sections in Minnesota Statutes and Minnesota Rules
affected by the repealed sections in this article, the revisor
shall delete internal cross-references where appropriate and
make changes necessary to correct the punctuation, grammar, or
structure of the remaining text and preserve its meaning.
Sec. 107. [REPEALER.]
(a) Minnesota Statutes 2002, sections 256J.02, subdivision
3; 256J.08, subdivisions 28 and 70; 256J.24, subdivision 8;
256J.30, subdivision 10; 256J.462; 256J.47; 256J.48; 256J.49,
subdivisions 1a, 2, 6, and 7; 256J.50, subdivisions 2, 3, 3a, 5,
and 7; 256J.52; 256J.55, subdivision 5; 256J.62, subdivisions 1,
2a, 4, 6, 7, and 8; 256J.625; 256J.655; 256J.74, subdivision 3;
256J.751, subdivisions 3 and 4; 256J.76; and 256K.30, are
repealed.
(b) Laws 2000, chapter 488, article 10, section 29, is
repealed.
ARTICLE 2
LONG-TERM CARE
Section 1. Minnesota Statutes 2002, section 61A.072,
subdivision 6, is amended to read:
Subd. 6. [ACCELERATED BENEFITS.] (a) "Accelerated
benefits" covered under this section are benefits payable under
the life insurance contract:
(1) to a policyholder or certificate holder, during the
lifetime of the insured, in anticipation of death upon the
occurrence of a specified life-threatening or catastrophic
condition as defined by the policy or rider;
(2) that reduce the death benefit otherwise payable under
the life insurance contract; and
(3) that are payable upon the occurrence of a single
qualifying event that results in the payment of a benefit amount
fixed at the time of acceleration.
(b) "Qualifying event" means one or more of the following:
(1) a medical condition that would result in a drastically
limited life span as specified in the contract;
(2) a medical condition that has required or requires
extraordinary medical intervention, such as, but not limited to,
major organ transplant or continuous artificial life support
without which the insured would die; or
(3) a condition that requires continuous confinement in an
eligible institution as defined in the contract if the insured
is expected to remain there for the rest of the insured's life;
(4) a long-term care illness or physical condition that
results in cognitive impairment or the inability to perform the
activities of daily life or the substantial and material duties
of any occupation; or
(5) other qualifying events that the commissioner approves
for a particular filing.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to policies issued on or
after that date.
Sec. 2. Minnesota Statutes 2002, section 62A.315, is
amended to read:
62A.315 [EXTENDED BASIC MEDICARE SUPPLEMENT PLAN;
COVERAGE.]
The extended basic Medicare supplement plan must have a
level of coverage so that it will be certified as a qualified
plan pursuant to section 62E.07, and will provide:
(1) coverage for all of the Medicare part A inpatient
hospital deductible and coinsurance amounts, and 100 percent of
all Medicare part A eligible expenses for hospitalization not
covered by Medicare;
(2) coverage for the daily copayment amount of Medicare
part A eligible expenses for the calendar year incurred for
skilled nursing facility care;
(3) coverage for the copayment amount of Medicare eligible
expenses under Medicare part B regardless of hospital
confinement, and the Medicare part B deductible amount;
(4) 80 percent of the usual and customary hospital and
medical expenses and supplies described in section 62E.06,
subdivision 1, not to exceed any charge limitation established
by the Medicare program or state law, the usual and customary
hospital and medical expenses and supplies, described in section
62E.06, subdivision 1, while in a foreign country, and
prescription drug expenses, not covered by Medicare;
(5) coverage for the reasonable cost of the first three
pints of blood, or equivalent quantities of packed red blood
cells as defined under federal regulations under Medicare parts
A and B, unless replaced in accordance with federal regulations;
(6) 100 percent of the cost of immunizations and routine
screening procedures for cancer, including mammograms and pap
smears;
(7) preventive medical care benefit: coverage for the
following preventive health services:
(i) an annual clinical preventive medical history and
physical examination that may include tests and services from
clause (ii) and patient education to address preventive health
care measures;
(ii) any one or a combination of the following preventive
screening tests or preventive services, the frequency of which
is considered medically appropriate:
(A) fecal occult blood test and/or digital rectal
examination;
(B) dipstick urinalysis for hematuria, bacteriuria, and
proteinuria;
(C) pure tone (air only) hearing screening test
administered or ordered by a physician;
(D) serum cholesterol screening every five years;
(E) thyroid function test;
(F) diabetes screening;
(iii) any other tests or preventive measures determined
appropriate by the attending physician.
Reimbursement shall be for the actual charges up to 100
percent of the Medicare-approved amount for each service as if
Medicare were to cover the service as identified in American
Medical Association current procedural terminology (AMA CPT)
codes to a maximum of $120 annually under this benefit. This
benefit shall not include payment for any procedure covered by
Medicare;
(8) at-home recovery benefit: coverage for services to
provide short-term at-home assistance with activities of daily
living for those recovering from an illness, injury, or surgery:
(i) for purposes of this benefit, the following definitions
shall apply:
(A) "activities of daily living" include, but are not
limited to, bathing, dressing, personal hygiene, transferring,
eating, ambulating, assistance with drugs that are normally
self-administered, and changing bandages or other dressings;
(B) "care provider" means a duly qualified or licensed home
health aide/homemaker, personal care aide, or nurse provided
through a licensed home health care agency or referred by a
licensed referral agency or licensed nurses registry;
(C) "home" means a place used by the insured as a place of
residence, provided that the place would qualify as a residence
for home health care services covered by Medicare. A hospital
or skilled nursing facility shall not be considered the
insured's place of residence;
(D) "at-home recovery visit" means the period of a visit
required to provide at-home recovery care, without limit on the
duration of the visit, except each consecutive four hours in a
24-hour period of services provided by a care provider is one
visit;
(ii) coverage requirements and limitations:
(A) at-home recovery services provided must be primarily
services that assist in activities of daily living;
(B) the insured's attending physician must certify that the
specific type and frequency of at-home recovery services are
necessary because of a condition for which a home care plan of
treatment was approved by Medicare;
(C) coverage is limited to:
(I) no more than the number and type of at-home recovery
visits certified as medically necessary by the insured's
attending physician. The total number of at-home recovery
visits shall not exceed the number of Medicare-approved home
health care visits under a Medicare-approved home care plan of
treatment;
(II) the actual charges for each visit up to a maximum
reimbursement of $40 $100 per visit;
(III) $1,600 $4,000 per calendar year;
(IV) seven visits in any one week;
(V) care furnished on a visiting basis in the insured's
home;
(VI) services provided by a care provider as defined in
this section;
(VII) at-home recovery visits while the insured is covered
under the policy or certificate and not otherwise excluded;
(VIII) at-home recovery visits received during the period
the insured is receiving Medicare-approved home care services or
no more than eight weeks after the service date of the last
Medicare-approved home health care visit;
(iii) coverage is excluded for:
(A) home care visits paid for by Medicare or other
government programs; and
(B) care provided by family members, unpaid volunteers, or
providers who are not care providers.
[EFFECTIVE DATE.] This section is effective January 1,
2004, and applies to policies issued on or after that date.
Sec. 3. Minnesota Statutes 2002, section 62A.48, is
amended by adding a subdivision to read:
Subd. 12. [REGULATORY FLEXIBILITY.] The commissioner may
upon written request issue an order to modify or suspend a
specific provision or provisions of sections 62A.46 to 62A.56
with respect to a specific long-term care insurance policy or
certificate upon a written finding that:
(1) the modification or suspension is in the best interest
of the insureds;
(2) the purpose to be achieved could not be effectively or
efficiently achieved without the modifications or suspension;
and
(3)(i) the modification or suspension is necessary to the
development of an innovative and reasonable approach for
insuring long-term care;
(ii) the policy or certificate is to be issued to residents
of a life care or continuing care retirement community or some
other residential community for the elderly and the modification
or suspension is reasonably related to the special needs or
nature of such a community; or
(iii) the modification or suspension is necessary to permit
long-term care insurance to be sold as part of, or in
conjunction with, another insurance product.
[EFFECTIVE DATE.] This section is effective January 1,
2004, and applies to policies issued on or after that date.
Sec. 4. Minnesota Statutes 2002, section 62A.49, is
amended by adding a subdivision to read:
Subd. 3. [PROHIBITED LIMITATIONS.] A long-term care
insurance policy or certificate shall not, if it provides
benefits for home health care or community care services, limit
or exclude benefits by:
(1) requiring that the insured would need care in a skilled
nursing facility if home health care services were not provided;
(2) requiring that the insured first or simultaneously
receive nursing or therapeutic services in a home, community, or
institutional setting before home health care services are
covered;
(3) limiting eligible services to services provided by a
registered nurse or licensed practical nurse;
(4) requiring that a nurse or therapist provide services
covered by the policy that can be provided by a home health aide
or other licensed or certified home care worker acting within
the scope of licensure or certification;
(5) excluding coverage for personal care services provided
by a home health aide;
(6) requiring that the provision of home health care
services be at a level of certification or licensure greater
than that required by the eligible service;
(7) requiring that the insured have an acute condition
before home health care services are covered;
(8) limiting benefits to services provided by
Medicare-certified agencies or providers;
(9) excluding coverage for adult day care services; or
(10) excluding coverage based upon location or type of
residence in which the home health care services would be
provided.
[EFFECTIVE DATE.] This section is effective January 1,
2004, and applies to policies issued on or after that date.
Sec. 5. Minnesota Statutes 2002, section 62S.22,
subdivision 1, is amended to read:
Subdivision 1. [PROHIBITED LIMITATIONS.] A long-term care
insurance policy or certificate shall not, if it provides
benefits for home health care or community care services, limit
or exclude benefits by:
(1) requiring that the insured would need care in a skilled
nursing facility if home health care services were not provided;
(2) requiring that the insured first or simultaneously
receive nursing or therapeutic services in a home, community, or
institutional setting before home health care services are
covered;
(3) limiting eligible services to services provided by a
registered nurse or licensed practical nurse;
(4) requiring that a nurse or therapist provide services
covered by the policy that can be provided by a home health aide
or other licensed or certified home care worker acting within
the scope of licensure or certification;
(5) excluding coverage for personal care services provided
by a home health aide;
(6) requiring that the provision of home health care
services be at a level of certification or licensure greater
than that required by the eligible service;
(7) requiring that the insured have an acute condition
before home health care services are covered;
(8) limiting benefits to services provided by
Medicare-certified agencies or providers; or
(9) excluding coverage for adult day care services; or
(10) excluding coverage based upon location or type of
residence in which the home health care services would be
provided.
[EFFECTIVE DATE.] This section is effective January 1,
2004, and applies to policies issued on or after that date.
Sec. 6. [62S.34] [REGULATORY FLEXIBILITY.]
The commissioner may upon written request issue an order to
modify or suspend a specific provision or provisions of this
chapter with respect to a specific long-term care insurance
policy or certificate upon a written finding that:
(1) the modification or suspension is in the best interest
of the insureds;
(2) the purpose to be achieved could not be effectively or
efficiently achieved without the modifications or suspension;
and
(3)(i) the modification or suspension is necessary to the
development of an innovative and reasonable approach for
insuring long-term care;
(ii) the policy or certificate is to be issued to residents
of a life care or continuing care retirement community or some
other residential community for the elderly and the modification
or suspension is reasonably related to the special needs or
nature of such a community; or
(iii) the modification or suspension is necessary to permit
long-term care insurance to be sold as part of, or in
conjunction with, another insurance product.
[EFFECTIVE DATE.] This section is effective January 1,
2004, and applies to policies issued on or after that date.
Sec. 7. Minnesota Statutes 2002, section 144A.04,
subdivision 3, is amended to read:
Subd. 3. [STANDARDS.] (a) The facility must meet the
minimum health, sanitation, safety and comfort standards
prescribed by the rules of the commissioner of health with
respect to the construction, equipment, maintenance and
operation of a nursing home. The commissioner of health may
temporarily waive compliance with one or more of the standards
if the commissioner determines that:
(a) (1) temporary noncompliance with the standard will not
create an imminent risk of harm to a nursing home resident; and
(b) (2) a controlling person on behalf of all other
controlling persons:
(1) (i) has entered into a contract to obtain the materials
or labor necessary to meet the standard set by the commissioner
of health, but the supplier or other contractor has failed to
perform the terms of the contract and the inability of the
nursing home to meet the standard is due solely to that failure;
or
(2) (ii) is otherwise making a diligent good faith effort
to meet the standard.
The commissioner shall make available to other nursing
homes information on facility-specific waivers related to
technology or physical plant that are granted. The commissioner
shall, upon the request of a facility, extend a waiver granted
to a specific facility related to technology or physical plant
to the facility making the request, if the commissioner
determines that the facility also satisfies clauses (1) and (2)
and any other terms and conditions of the waiver.
The commissioner of health shall allow, by rule, a nursing
home to provide fewer hours of nursing care to intermediate care
residents of a nursing home than required by the present rules
of the commissioner if the commissioner determines that the
needs of the residents of the home will be adequately met by a
lesser amount of nursing care.
(b) A facility is not required to seek a waiver for room
furniture or equipment under paragraph (a) when responding to
resident-specific requests, if the facility has discussed health
and safety concerns with the resident and the resident request
and discussion of health and safety concerns are documented in
the resident's patient record.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 8. Minnesota Statutes 2002, section 144A.04, is
amended by adding a subdivision to read:
Subd. 11. [INCONTINENT RESIDENTS.] Notwithstanding
Minnesota Rules, part 4658.0520, an incontinent resident must be
checked according to a specific time interval written in the
resident's care plan. The resident's attending physician must
authorize in writing any interval longer than two hours unless
the resident, if competent, or a family member or legally
appointed conservator, guardian, or health care agent of a
resident who is not competent, agrees in writing to waive
physician involvement in determining this interval, and this
waiver is documented in the resident's care plan.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 9. Minnesota Statutes 2002, section 144A.071,
subdivision 4c, as added by Laws 2003, chapter 16, section 1, is
amended to read:
Subd. 4c. [EXCEPTIONS FOR REPLACEMENT BEDS AFTER JUNE 30,
2003.] (a) The commissioner of health, in coordination with the
commissioner of human services, may approve the renovation,
replacement, upgrading, or relocation of a nursing home or
boarding care home, under the following conditions:
(1) to license and certify an 80-bed city-owned facility in
Nicollet county to be constructed on the site of a new
city-owned hospital to replace an existing 85-bed facility
attached to a hospital that is also being replaced. The
threshold allowed for this project under section 144A.073 shall
be the maximum amount available to pay the additional medical
assistance costs of the new facility; and
(2) to license and certify 29 beds to be added to an
existing 69-bed facility in St. Louis county, provided that the
29 beds must be transferred from active or layaway status at an
existing facility in St. Louis county that had 235 beds on April
1, 2003.
The licensed capacity at the 235-bed facility must be reduced to
206 beds, but the payment rate at that facility shall not be
adjusted as a result of this transfer. The operating payment
rate of the facility adding beds after completion of this
project shall be the same as it was on the day prior to the day
the beds are licensed and certified. This project shall not
proceed unless it is approved and financed under the provisions
of section 144A.073.
(b) Projects approved under this subdivision shall be
treated in a manner equivalent to projects approved under
subdivision 4a.
Sec. 10. Minnesota Statutes 2002, section 144A.10, is
amended by adding a subdivision to read:
Subd. 16. [INDEPENDENT INFORMAL DISPUTE RESOLUTION.] (a)
Notwithstanding subdivision 15, a facility certified under the
federal Medicare or Medicaid programs may request from the
commissioner, in writing, an independent informal dispute
resolution process regarding any deficiency citation issued to
the facility. The facility must specify in its written request
each deficiency citation that it disputes. The commissioner
shall provide a hearing under sections 14.57 to 14.62. Upon the
written request of the facility, the parties must submit the
issues raised to arbitration by an administrative law judge.
(b) Upon receipt of a written request for an arbitration
proceeding, the commissioner shall file with the office of
administrative hearings a request for the appointment of an
arbitrator and simultaneously serve the facility with notice of
the request. The arbitrator for the dispute shall be an
administrative law judge appointed by the office of
administrative hearings. The disclosure provisions of section
572.10 and the notice provisions of section 572.12 apply. The
facility and the commissioner have the right to be represented
by an attorney.
(c) The commissioner and the facility may present written
evidence, depositions, and oral statements and arguments at the
arbitration proceeding. Oral statements and arguments may be
made by telephone.
(d) Within ten working days of the close of the arbitration
proceeding, the administrative law judge shall issue findings
regarding each of the deficiencies in dispute. The findings
shall be one or more of the following:
(1) Supported in full. The citation is supported in full,
with no deletion of findings and no change in the scope or
severity assigned to the deficiency citation.
(2) Supported in substance. The citation is supported, but
one or more findings are deleted without any change in the scope
or severity assigned to the deficiency.
(3) Deficient practice cited under wrong requirement of
participation. The citation is amended by moving it to the
correct requirement of participation.
(4) Scope not supported. The citation is amended through a
change in the scope assigned to the citation.
(5) Severity not supported. The citation is amended
through a change in the severity assigned to the citation.
(6) No deficient practice. The citation is deleted because
the findings did not support the citation or the negative
resident outcome was unavoidable. The findings of the
arbitrator are not binding on the commissioner.
(e) The commissioner shall reimburse the office of
administrative hearings for the costs incurred by that office
for the arbitration proceeding. The facility shall reimburse
the commissioner for the proportion of the costs that represent
the sum of deficiency citations supported in full under
paragraph (d), clause (1), or in substance under paragraph (d),
clause (2), divided by the total number of deficiencies
disputed. A deficiency citation for which the administrative
law judge's sole finding is that the deficient practice was
cited under the wrong requirements of participation shall not be
counted in the numerator or denominator in the calculation of
the proportion of costs.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 11. [144A.351] [BALANCING LONG-TERM CARE: REPORT
REQUIRED.]
The commissioners of health and human services, with the
cooperation of counties and regional entities, shall prepare a
report to the legislature by January 15, 2004, and biennially
thereafter, regarding the status of the full range of long-term
care services for the elderly in Minnesota. The report shall
address:
(1) demographics and need for long-term care in Minnesota;
(2) summary of county and regional reports on long-term
care gaps, surpluses, imbalances, and corrective action plans;
(3) status of long-term care services by county and region
including:
(i) changes in availability of the range of long-term care
services and housing options;
(ii) access problems regarding long-term care; and
(iii) comparative measures of long-term care availability
and progress over time; and
(4) recommendations regarding goals for the future of
long-term care services, policy changes, and resource needs.
Sec. 12. Minnesota Statutes 2002, section 144A.4605,
subdivision 4, is amended to read:
Subd. 4. [LICENSE REQUIRED.] (a) A housing with services
establishment registered under chapter 144D that is required to
obtain a home care license must obtain an assisted living home
care license according to this section or a class A or class E
license according to rule. A housing with services
establishment that obtains a class E license under this
subdivision remains subject to the payment limitations in
sections 256B.0913, subdivision 5 5f, paragraph (h) (b), and
256B.0915, subdivision 3, paragraph (g) 3d.
(b) A board and lodging establishment registered for
special services as of December 31, 1996, and also registered as
a housing with services establishment under chapter 144D, must
deliver home care services according to sections 144A.43 to
144A.47, and may apply for a waiver from requirements under
Minnesota Rules, parts 4668.0002 to 4668.0240, to operate a
licensed agency under the standards of section 157.17. Such
waivers as may be granted by the department will expire upon
promulgation of home care rules implementing section 144A.4605.
(c) An adult foster care provider licensed by the
department of human services and registered under chapter 144D
may continue to provide health-related services under its foster
care license until the promulgation of home care rules
implementing this section.
(d) An assisted living home care provider licensed under
this section must comply with the disclosure provisions of
section 325F.72 to the extent they are applicable.
Sec. 13. Minnesota Statutes 2002, section 256.9657,
subdivision 1, is amended to read:
Subdivision 1. [NURSING HOME LICENSE SURCHARGE.] (a)
Effective July 1, 1993, each non-state-operated nursing home
licensed under chapter 144A shall pay to the commissioner an
annual surcharge according to the schedule in subdivision 4.
The surcharge shall be calculated as $620 per licensed bed. If
the number of licensed beds is reduced, the surcharge shall be
based on the number of remaining licensed beds the second month
following the receipt of timely notice by the commissioner of
human services that beds have been delicensed. The nursing home
must notify the commissioner of health in writing when beds are
delicensed. The commissioner of health must notify the
commissioner of human services within ten working days after
receiving written notification. If the notification is received
by the commissioner of human services by the 15th of the month,
the invoice for the second following month must be reduced to
recognize the delicensing of beds. Beds on layaway status
continue to be subject to the surcharge. The commissioner of
human services must acknowledge a medical care surcharge appeal
within 30 days of receipt of the written appeal from the
provider.
(b) Effective July 1, 1994, the surcharge in paragraph (a)
shall be increased to $625.
(c) Effective August 15, 2002, the surcharge under
paragraph (b) shall be increased to $990.
(d) Effective July 15, 2003, the surcharge under paragraph
(c) shall be increased to $2,815.
(e) The commissioner may reduce, and may subsequently
restore, the surcharge under paragraph (d) based on the
commissioner's determination of a permissible surcharge.
(f) Between April 1, 2002, and August 15, 2003 2004, a
facility governed by this subdivision may elect to assume full
participation in the medical assistance program by agreeing to
comply with all of the requirements of the medical assistance
program, including the rate equalization law in section 256B.48,
subdivision 1, paragraph (a), and all other requirements
established in law or rule, and to begin intake of new medical
assistance recipients. Rates will be determined under Minnesota
Rules, parts 9549.0010 to 9549.0080. Notwithstanding section
256B.431, subdivision 27, paragraph (i), rate calculations will
be subject to limits as prescribed in rule and law. Other than
the adjustments in sections 256B.431, subdivisions 30 and 32;
256B.437, subdivision 3, paragraph (b), Minnesota Rules, part
9549.0057, and any other applicable legislation enacted prior to
the finalization of rates, facilities assuming full
participation in medical assistance under this paragraph are not
eligible for any rate adjustments until the July 1 following
their settle-up period.
[EFFECTIVE DATE.] This section is effective June 30, 2003.
Sec. 14. Minnesota Statutes 2002, section 256.9657, is
amended by adding a subdivision to read:
Subd. 3a. [ICF/MR LICENSE SURCHARGE.] Effective July 1,
2003, each nonstate-operated facility as defined under section
256B.501, subdivision 1, shall pay to the commissioner an annual
surcharge according to the schedule in subdivision 4, paragraph
(d). The annual surcharge shall be $1,040 per licensed bed. If
the number of licensed beds is reduced, the surcharge shall be
based on the number of remaining licensed beds the second month
following the receipt of timely notice by the commissioner of
human services that beds have been delicensed. The facility
must notify the commissioner of health in writing when beds are
delicensed. The commissioner of health must notify the
commissioner of human services within ten working days after
receiving written notification. If the notification is received
by the commissioner of human services by the 15th of the month,
the invoice for the second following month must be reduced to
recognize the delicensing of beds. The commissioner may reduce,
and may subsequently restore, the surcharge under this
subdivision based on the commissioner's determination of a
permissible surcharge.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 15. Minnesota Statutes 2002, section 256.9657,
subdivision 4, is amended to read:
Subd. 4. [PAYMENTS INTO THE ACCOUNT.] (a) Payments to the
commissioner under subdivisions 1 to 3 must be paid in monthly
installments due on the 15th of the month beginning October 15,
1992. The monthly payment must be equal to the annual surcharge
divided by 12. Payments to the commissioner under subdivisions
2 and 3 for fiscal year 1993 must be based on calendar year 1990
revenues. Effective July 1 of each year, beginning in 1993,
payments under subdivisions 2 and 3 must be based on revenues
earned in the second previous calendar year.
(b) Effective October 1, 1995, and each October 1
thereafter, the payments in subdivisions 2 and 3 must be based
on revenues earned in the previous calendar year.
(c) If the commissioner of health does not provide by
August 15 of any year data needed to update the base year for
the hospital and health maintenance organization surcharges, the
commissioner of human services may estimate base year revenue
and use that estimate for the purposes of this section until
actual data is provided by the commissioner of health.
(d) Payments to the commissioner under subdivision 3a must
be paid in monthly installments due on the 15th of the month
beginning July 15, 2003. The monthly payment must be equal to
the annual surcharge divided by 12.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 16. Minnesota Statutes 2002, section 256B.056,
subdivision 6, is amended to read:
Subd. 6. [ASSIGNMENT OF BENEFITS.] To be eligible for
medical assistance a person must have applied or must agree to
apply all proceeds received or receivable by the person or the
person's spouse legal representative from any third person party
liable for the costs of medical care for the person, the spouse,
and children. The state agency shall require from any applicant
or recipient of medical assistance the assignment of any rights
to medical support and third party payments. By accepting or
receiving assistance, the person is deemed to have assigned the
person's rights to medical support and third party payments as
required by Title 19 of the Social Security Act. Persons must
cooperate with the state in establishing paternity and obtaining
third party payments. By signing an application for accepting
medical assistance, a person assigns to the department of human
services all rights the person may have to medical support or
payments for medical expenses from any other person or entity on
their own or their dependent's behalf and agrees to cooperate
with the state in establishing paternity and obtaining third
party payments. Any rights or amounts so assigned shall be
applied against the cost of medical care paid for under this
chapter. Any assignment takes effect upon the determination
that the applicant is eligible for medical assistance and up to
three months prior to the date of application if the applicant
is determined eligible for and receives medical assistance
benefits. The application must contain a statement explaining
this assignment. Any assignment shall not be effective as to
benefits paid or provided under automobile accident coverage and
private health care coverage prior to notification of the
assignment by the person or organization providing the
benefits. For the purposes of this section, "the department of
human services or the state" includes prepaid health plans under
contract with the commissioner according to sections 256B.031,
256B.69, 256D.03, subdivision 4, paragraph (d), and 256L.12;
children's mental health collaboratives under section 245.493;
demonstration projects for persons with disabilities under
section 256B.77; nursing facilities under the alternative
payment demonstration project under section 256B.434; and the
county-based purchasing entities under section 256B.692.
Sec. 17. Minnesota Statutes 2002, section 256B.064,
subdivision 2, is amended to read:
Subd. 2. [IMPOSITION OF MONETARY RECOVERY AND SANCTIONS.]
(a) The commissioner shall determine any monetary amounts to be
recovered and sanctions to be imposed upon a vendor of medical
care under this section. Except as provided in
paragraph paragraphs (b) and (d), neither a monetary recovery
nor a sanction will be imposed by the commissioner without prior
notice and an opportunity for a hearing, according to chapter
14, on the commissioner's proposed action, provided that the
commissioner may suspend or reduce payment to a vendor of
medical care, except a nursing home or convalescent care
facility, after notice and prior to the hearing if in the
commissioner's opinion that action is necessary to protect the
public welfare and the interests of the program.
(b) Except for a nursing home or convalescent care
facility, the commissioner may withhold or reduce payments to a
vendor of medical care without providing advance notice of such
withholding or reduction if either of the following occurs:
(1) the vendor is convicted of a crime involving the
conduct described in subdivision 1a; or
(2) the commissioner receives reliable evidence of fraud or
willful misrepresentation by the vendor.
(c) The commissioner must send notice of the withholding or
reduction of payments under paragraph (b) within five days of
taking such action. The notice must:
(1) state that payments are being withheld according to
paragraph (b);
(2) except in the case of a conviction for conduct
described in subdivision 1a, state that the withholding is for a
temporary period and cite the circumstances under which
withholding will be terminated;
(3) identify the types of claims to which the withholding
applies; and
(4) inform the vendor of the right to submit written
evidence for consideration by the commissioner.
The withholding or reduction of payments will not continue
after the commissioner determines there is insufficient evidence
of fraud or willful misrepresentation by the vendor, or after
legal proceedings relating to the alleged fraud or willful
misrepresentation are completed, unless the commissioner has
sent notice of intention to impose monetary recovery or
sanctions under paragraph (a).
(d) The commissioner may suspend or terminate a vendor's
participation in the program without providing advance notice
and an opportunity for a hearing when the suspension or
termination is required because of the vendor's exclusion from
participation in Medicare. Within five days of taking such
action, the commissioner must send notice of the suspension or
termination. The notice must:
(1) state that suspension or termination is the result of
the vendor's exclusion from Medicare;
(2) identify the effective date of the suspension or
termination;
(3) inform the vendor of the need to be reinstated to
Medicare before reapplying for participation in the program; and
(4) inform the vendor of the right to submit written
evidence for consideration by the commissioner.
(e) Upon receipt of a notice under paragraph (a) that a
monetary recovery or sanction is to be imposed, a vendor may
request a contested case, as defined in section 14.02,
subdivision 3, by filing with the commissioner a written request
of appeal. The appeal request must be received by the
commissioner no later than 30 days after the date the
notification of monetary recovery or sanction was mailed to the
vendor. The appeal request must specify:
(1) each disputed item, the reason for the dispute, and an
estimate of the dollar amount involved for each disputed item;
(2) the computation that the vendor believes is correct;
(3) the authority in statute or rule upon which the vendor
relies for each disputed item;
(4) the name and address of the person or entity with whom
contacts may be made regarding the appeal; and
(5) other information required by the commissioner.
Sec. 18. Minnesota Statutes 2002, section 256B.0913,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY FOR SERVICES.] Alternative care
services are available to Minnesotans age 65 or older who are
not eligible for medical assistance without a spenddown or
waiver obligation but who would be eligible for medical
assistance within 180 days of admission to a nursing facility
and subject to subdivisions 4 to 13.
Sec. 19. Minnesota Statutes 2002, section 256B.0913,
subdivision 4, is amended to read:
Subd. 4. [ELIGIBILITY FOR FUNDING FOR SERVICES FOR
NONMEDICAL ASSISTANCE RECIPIENTS.] (a) Funding for services
under the alternative care program is available to persons who
meet the following criteria:
(1) the person has been determined by a community
assessment under section 256B.0911 to be a person who would
require the level of care provided in a nursing facility, but
for the provision of services under the alternative care
program;
(2) the person is age 65 or older;
(3) the person would be eligible for medical assistance
within 180 days of admission to a nursing facility;
(4) the person is not ineligible for the medical assistance
program due to an asset transfer penalty;
(5) the person needs services that are not funded through
other state or federal funding; and
(6) the monthly cost of the alternative care services
funded by the program for this person does not exceed 75 percent
of the statewide weighted average monthly nursing facility rate
of the case mix resident class to which the individual
alternative care client would be assigned under Minnesota Rules,
parts 9549.0050 to 9549.0059, less the recipient's maintenance
needs allowance as described in section 256B.0915, subdivision
1d, paragraph (a), until the first day of the state fiscal year
in which the resident assessment system, under section 256B.437,
for nursing home rate determination is implemented. Effective
on the first day of the state fiscal year in which a resident
assessment system, under section 256B.437, for nursing home rate
determination is implemented and the first day of each
subsequent state fiscal year, the monthly cost of alternative
care services for this person shall not exceed the alternative
care monthly cap for the case mix resident class to which the
alternative care client would be assigned under Minnesota Rules,
parts 9549.0050 to 9549.0059, which was in effect on the last
day of the previous state fiscal year, and adjusted by the
greater of any legislatively adopted home and community-based
services cost-of-living percentage increase or any legislatively
adopted statewide percent rate increase for nursing
facilities monthly limit described under section 256B.0915,
subdivision 3a. This monthly limit does not prohibit the
alternative care client from payment for additional services,
but in no case may the cost of additional services purchased
under this section exceed the difference between the client's
monthly service limit defined under section 256B.0915,
subdivision 3, and the alternative care program monthly service
limit defined in this paragraph. If medical supplies and
equipment or environmental modifications are or will be
purchased for an alternative care services recipient, the costs
may be prorated on a monthly basis for up to 12 consecutive
months beginning with the month of purchase. If the monthly
cost of a recipient's other alternative care services exceeds
the monthly limit established in this paragraph, the annual cost
of the alternative care services shall be determined. In this
event, the annual cost of alternative care services shall not
exceed 12 times the monthly limit described in this paragraph.;
and
(7) the person is making timely payments of the assessed
monthly fee.
A person is ineligible if payment of the fee is over 60 days
past due, unless the person agrees to:
(i) the appointment of a representative payee;
(ii) automatic payment from a financial account;
(iii) the establishment of greater family involvement in
the financial management of payments; or
(iv) another method acceptable to the county to ensure
prompt fee payments.
The county shall extend the client's eligibility as
necessary while making arrangements to facilitate payment of
past-due amounts and future premium payments. Following
disenrollment due to nonpayment of a monthly fee, eligibility
shall not be reinstated for a period of 30 days.
(b) Alternative care funding under this subdivision is not
available for a person who is a medical assistance recipient or
who would be eligible for medical assistance without a spenddown
or waiver obligation. A person whose initial application for
medical assistance and the elderly waiver program is being
processed may be served under the alternative care program for a
period up to 60 days. If the individual is found to be eligible
for medical assistance, medical assistance must be billed for
services payable under the federally approved elderly waiver
plan and delivered from the date the individual was found
eligible for the federally approved elderly waiver plan.
Notwithstanding this provision, upon federal approval,
alternative care funds may not be used to pay for any service
the cost of which: (i) is payable by medical assistance or
which; (ii) is used by a recipient to meet a medical assistance
income spenddown or waiver obligation; or (iii) is used to pay a
medical assistance income spenddown for a person who is eligible
to participate in the federally approved elderly waiver program
under the special income standard provision.
(c) Alternative care funding is not available for a person
who resides in a licensed nursing home, certified boarding care
home, hospital, or intermediate care facility, except for case
management services which are provided in support of the
discharge planning process to for a nursing home resident or
certified boarding care home resident to assist with a
relocation process to a community-based setting.
(d) Alternative care funding is not available for a person
whose income is greater than the maintenance needs allowance
under section 256B.0915, subdivision 1d, but equal to or less
than 120 percent of the federal poverty guideline effective July
1, in the year for which alternative care eligibility is
determined, who would be eligible for the elderly waiver with a
waiver obligation.
Sec. 20. Minnesota Statutes 2002, section 256B.0913,
subdivision 5, is amended to read:
Subd. 5. [SERVICES COVERED UNDER ALTERNATIVE CARE.] (a)
Alternative care funding may be used for payment of costs of:
(1) adult foster care;
(2) adult day care;
(3) home health aide;
(4) homemaker services;
(5) personal care;
(6) case management;
(7) respite care;
(8) assisted living;
(9) residential care services;
(10) care-related supplies and equipment;
(11) meals delivered to the home;
(12) transportation;
(13) nursing services;
(14) chore services;
(15) companion services;
(16) nutrition services;
(17) training for direct informal caregivers;
(18) telehome care devices to monitor recipients provide
services in their own homes as an alternative to hospital care,
nursing home care, or home in conjunction with in-home visits;
(19) other services which includes discretionary funds and
direct cash payments to clients, services, for which counties
may make payment from their alternative care program allocation
or services not otherwise defined in this section or section
256B.0625, following approval by the commissioner, subject to
the provisions of paragraph (j). Total annual payments for
"other services" for all clients within a county may not exceed
25 percent of that county's annual alternative care program base
allocation; and
(20) environmental modifications.; and
(21) direct cash payments for which counties may make
payment from their alternative care program allocation to
clients for the purpose of purchasing services, following
approval by the commissioner, and subject to the provisions of
subdivision 5h, until approval and implementation of
consumer-directed services through the federally approved
elderly waiver plan. Upon implementation, consumer-directed
services under the alternative care program are available
statewide and limited to the average monthly expenditures
representative of all alternative care program participants for
the same case mix resident class assigned in the most recent
fiscal year for which complete expenditure data is available.
Total annual payments for discretionary services and direct
cash payments, until the federally approved consumer-directed
service option is implemented statewide, for all clients within
a county may not exceed 25 percent of that county's annual
alternative care program base allocation. Thereafter,
discretionary services are limited to 25 percent of the county's
annual alternative care program base allocation.
Subd. 5a. [SERVICES; SERVICE DEFINITIONS; SERVICE
STANDARDS.] (a) Unless specified in statute, the services,
service definitions, and standards for alternative care services
shall be the same as the services, service definitions, and
standards specified in the federally approved elderly waiver
plan, except for transitional support services.
(b) The county agency must ensure that the funds are not
used to supplant services available through other public
assistance or services programs.
(c) Unless specified in statute, the services, service
definitions, and standards for alternative care services shall
be the same as the services, service definitions, and standards
specified in the federally approved elderly waiver plan. Except
for the county agencies' approval of direct cash payments to
clients as described in paragraph (j) or For a provider of
supplies and equipment when the monthly cost of the supplies and
equipment is less than $250, persons or agencies must be
employed by or under a contract with the county agency or the
public health nursing agency of the local board of health in
order to receive funding under the alternative care program.
Supplies and equipment may be purchased from a vendor not
certified to participate in the Medicaid program if the cost for
the item is less than that of a Medicaid vendor.
(c) Personal care services must meet the service standards
defined in the federally approved elderly waiver plan, except
that a county agency may contract with a client's relative who
meets the relative hardship waiver requirements or a relative
who meets the criteria and is also the responsible party under
an individual service plan that ensures the client's health and
safety and supervision of the personal care services by a
qualified professional as defined in section 256B.0625,
subdivision 19c. Relative hardship is established by the county
when the client's care causes a relative caregiver to do any of
the following: resign from a paying job, reduce work hours
resulting in lost wages, obtain a leave of absence resulting in
lost wages, incur substantial client-related expenses, provide
services to address authorized, unstaffed direct care time, or
meet special needs of the client unmet in the formal service
plan.
(d) Subd. 5b. [ADULT FOSTER CARE RATE.] The adult foster
care rate shall be considered a difficulty of care payment and
shall not include room and board. The adult foster care rate
shall be negotiated between the county agency and the foster
care provider. The alternative care payment for the foster care
service in combination with the payment for other alternative
care services, including case management, must not exceed the
limit specified in subdivision 4, paragraph (a), clause (6).
(e) Personal care services must meet the service standards
defined in the federally approved elderly waiver plan, except
that a county agency may contract with a client's relative who
meets the relative hardship waiver requirement as defined in
section 256B.0627, subdivision 4, paragraph (b), clause (10), to
provide personal care services if the county agency ensures
supervision of this service by a qualified professional as
defined in section 256B.0625, subdivision 19c.
(f) Subd. 5c. [RESIDENTIAL CARE SERVICES; SUPPORTIVE
SERVICES; HEALTH-RELATED SERVICES.] For purposes of this
section, residential care services are services which are
provided to individuals living in residential care homes.
Residential care homes are currently licensed as board and
lodging establishments under section 157.16, and are registered
with the department of health as providing special services
under section 157.17 and are not subject to registration except
settings that are currently registered under chapter 144D.
Residential care services are defined as "supportive services"
and "health-related services." "Supportive services" means the
provision of up to 24-hour supervision and oversight.
Supportive services includes: (1) transportation, when provided
by the residential care home only; (2) socialization, when
socialization is part of the plan of care, has specific goals
and outcomes established, and is not diversional or recreational
in nature; (3) assisting clients in setting up meetings and
appointments; (4) assisting clients in setting up medical and
social services; (5) providing assistance with personal laundry,
such as carrying the client's laundry to the laundry room.
Assistance with personal laundry does not include any laundry,
such as bed linen, that is included in the room and board rate
services as defined in section 157.17, subdivision 1, paragraph
(a). "Health-related services" are limited to minimal
assistance with dressing, grooming, and bathing and providing
reminders to residents to take medications that are
self-administered or providing storage for medications, if
requested means services covered in section 157.17, subdivision
1, paragraph (b). Individuals receiving residential care
services cannot receive homemaking services funded under this
section.
(g) Subd. 5d. [ASSISTED LIVING SERVICES.] For the purposes
of this section, "assisted living" refers to supportive services
provided by a single vendor to clients who reside in the same
apartment building of three or more units which are not subject
to registration under chapter 144D and are licensed by the
department of health as a class A home care provider or a class
E home care provider. Assisted living services are defined as
up to 24-hour supervision, and oversight, and supportive
services as defined in clause (1) section 157.17, subdivision 1,
paragraph (a), individualized home care aide tasks as defined in
clause (2) Minnesota Rules, part 4668.0110, and individualized
home management tasks as defined in clause (3) Minnesota Rules,
part 4668.0120 provided to residents of a residential center
living in their units or apartments with a full kitchen and
bathroom. A full kitchen includes a stove, oven, refrigerator,
food preparation counter space, and a kitchen utensil storage
compartment. Assisted living services must be provided by the
management of the residential center or by providers under
contract with the management or with the county.
(1) Supportive services include:
(i) socialization, when socialization is part of the plan
of care, has specific goals and outcomes established, and is not
diversional or recreational in nature;
(ii) assisting clients in setting up meetings and
appointments; and
(iii) providing transportation, when provided by the
residential center only.
(2) Home care aide tasks means:
(i) preparing modified diets, such as diabetic or low
sodium diets;
(ii) reminding residents to take regularly scheduled
medications or to perform exercises;
(iii) household chores in the presence of technically
sophisticated medical equipment or episodes of acute illness or
infectious disease;
(iv) household chores when the resident's care requires the
prevention of exposure to infectious disease or containment of
infectious disease; and
(v) assisting with dressing, oral hygiene, hair care,
grooming, and bathing, if the resident is ambulatory, and if the
resident has no serious acute illness or infectious disease.
Oral hygiene means care of teeth, gums, and oral prosthetic
devices.
(3) Home management tasks means:
(i) housekeeping;
(ii) laundry;
(iii) preparation of regular snacks and meals; and
(iv) shopping.
Subd. 5e. [FURTHER ASSISTED LIVING REQUIREMENTS.] (a)
Individuals receiving assisted living services shall not receive
both assisted living services and homemaking services.
Individualized means services are chosen and designed
specifically for each resident's needs, rather than provided or
offered to all residents regardless of their illnesses,
disabilities, or physical conditions. Assisted living services
as defined in this section shall not be authorized in boarding
and lodging establishments licensed according to sections
157.011 and 157.15 to 157.22.
(h) (b) For establishments registered under chapter 144D,
assisted living services under this section means either the
services described in paragraph (g) subdivision 5d and delivered
by a class E home care provider licensed by the department of
health or the services described under section 144A.4605 and
delivered by an assisted living home care provider or a class A
home care provider licensed by the commissioner of health.
(i) Subd. 5f. [PAYMENT RATES FOR ASSISTED LIVING SERVICES
AND RESIDENTIAL CARE.] (a) Payment for assisted living services
and residential care services shall be a monthly rate negotiated
and authorized by the county agency based on an individualized
service plan for each resident and may not cover direct rent or
food costs.
(1) (b) The individualized monthly negotiated payment for
assisted living services as described in paragraph
(g) subdivision 5d or (h) 5e, paragraph (b), and residential
care services as described in paragraph (f) subdivision 5c,
shall not exceed the nonfederal share in effect on July 1 of the
state fiscal year for which the rate limit is being calculated
of the greater of either the statewide or any of the geographic
groups' weighted average monthly nursing facility payment rate
of the case mix resident class to which the alternative care
eligible client would be assigned under Minnesota Rules, parts
9549.0050 to 9549.0059, less the maintenance needs allowance as
described in section 256B.0915, subdivision 1d, paragraph (a),
until the first day of the state fiscal year in which a resident
assessment system, under section 256B.437, of nursing home rate
determination is implemented. Effective on the first day of the
state fiscal year in which a resident assessment system, under
section 256B.437, of nursing home rate determination is
implemented and the first day of each subsequent state fiscal
year, the individualized monthly negotiated payment for the
services described in this clause shall not exceed the limit
described in this clause which was in effect on the last day of
the previous state fiscal year and which has been adjusted by
the greater of any legislatively adopted home and
community-based services cost-of-living percentage increase or
any legislatively adopted statewide percent rate increase for
nursing facilities groups according to subdivision 4, paragraph
(a), clause (6).
(2) (c) The individualized monthly negotiated payment for
assisted living services described under section 144A.4605 and
delivered by a provider licensed by the department of health as
a class A home care provider or an assisted living home care
provider and provided in a building that is registered as a
housing with services establishment under chapter 144D and that
provides 24-hour supervision in combination with the payment for
other alternative care services, including case management, must
not exceed the limit specified in subdivision 4, paragraph (a),
clause (6).
(j) Subd. 5g. [PROVISIONS GOVERNING DIRECT CASH PAYMENTS.]
A county agency may make payment from their alternative care
program allocation for "other services" which include use of
"discretionary funds" for services that are not otherwise
defined in this section and direct cash payments to the client
for the purpose of purchasing the services. The following
provisions apply to payments under this paragraph subdivision:
(1) a cash payment to a client under this provision cannot
exceed the monthly payment limit for that client as specified in
subdivision 4, paragraph (a), clause (6); and
(2) a county may not approve any cash payment for a client
who meets either of the following:
(i) has been assessed as having a dependency in
orientation, unless the client has an authorized
representative. An "authorized representative" means an
individual who is at least 18 years of age and is designated by
the person or the person's legal representative to act on the
person's behalf. This individual may be a family member,
guardian, representative payee, or other individual designated
by the person or the person's legal representative, if any, to
assist in purchasing and arranging for supports; or
(ii) is concurrently receiving adult foster care,
residential care, or assisted living services;.
(3) Subd. 5h. [CASH PAYMENTS TO PERSONS.] (a) Cash
payments to a person or a person's family will be provided
through a monthly payment and be in the form of cash, voucher,
or direct county payment to a vendor. Fees or premiums assessed
to the person for eligibility for health and human services are
not reimbursable through this service option. Services and
goods purchased through cash payments must be identified in the
person's individualized care plan and must meet all of the
following criteria:
(i) (1) they must be over and above the normal cost of
caring for the person if the person did not have functional
limitations;
(ii) (2) they must be directly attributable to the person's
functional limitations;
(iii) (3) they must have the potential to be effective at
meeting the goals of the program; and
(iv) (4) they must be consistent with the needs identified
in the individualized service plan. The service plan shall
specify the needs of the person and family, the form and amount
of payment, the items and services to be reimbursed, and the
arrangements for management of the individual grant; and.
(v) (b) The person, the person's family, or the legal
representative shall be provided sufficient information to
ensure an informed choice of alternatives. The local agency
shall document this information in the person's care plan,
including the type and level of expenditures to be reimbursed;.
(c) Persons receiving grants under this section shall have
the following responsibilities:
(1) spend the grant money in a manner consistent with their
individualized service plan with the local agency;
(2) notify the local agency of any necessary changes in the
grant expenditures;
(3) arrange and pay for supports; and
(4) inform the local agency of areas where they have
experienced difficulty securing or maintaining supports.
(d) The county shall report client outcomes, services, and
costs under this paragraph in a manner prescribed by the
commissioner.
(4) Subd. 5i. [IMMUNITY.] The state of Minnesota, county,
lead agency under contract, or tribal government under contract
to administer the alternative care program shall not be liable
for damages, injuries, or liabilities sustained through the
purchase of direct supports or goods by the person, the person's
family, or the authorized representative with funds received
through the cash payments under this section. Liabilities
include, but are not limited to, workers' compensation, the
Federal Insurance Contributions Act (FICA), or the Federal
Unemployment Tax Act (FUTA);.
(5) persons receiving grants under this section shall have
the following responsibilities:
(i) spend the grant money in a manner consistent with their
individualized service plan with the local agency;
(ii) notify the local agency of any necessary changes in
the grant expenditures;
(iii) arrange and pay for supports; and
(iv) inform the local agency of areas where they have
experienced difficulty securing or maintaining supports; and
(6) the county shall report client outcomes, services, and
costs under this paragraph in a manner prescribed by the
commissioner.
Sec. 21. Minnesota Statutes 2002, section 256B.0913,
subdivision 6, is amended to read:
Subd. 6. [ALTERNATIVE CARE PROGRAM ADMINISTRATION.] (a)
The alternative care program is administered by the county
agency. This agency is the lead agency responsible for the
local administration of the alternative care program as
described in this section. However, it may contract with the
public health nursing service to be the lead agency. The
commissioner may contract with federally recognized Indian
tribes with a reservation in Minnesota to serve as the lead
agency responsible for the local administration of the
alternative care program as described in the contract.
(b) Alternative care pilot projects operate according to
this section and the provisions of Laws 1993, First Special
Session chapter 1, article 5, section 133, under agreement with
the commissioner. Each pilot project agreement period shall
begin no later than the first payment cycle of the state fiscal
year and continue through the last payment cycle of the state
fiscal year.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 22. Minnesota Statutes 2002, section 256B.0913,
subdivision 7, is amended to read:
Subd. 7. [CASE MANAGEMENT.] Providers of case management
services for persons receiving services funded by the
alternative care program must meet the qualification
requirements and standards specified in section 256B.0915,
subdivision 1b. The case manager must not approve alternative
care funding for a client in any setting in which the case
manager cannot reasonably ensure the client's health and
safety. The case manager is responsible for the
cost-effectiveness of the alternative care individual care plan
and must not approve any care plan in which the cost of services
funded by alternative care and client contributions exceeds the
limit specified in section 256B.0915, subdivision 3, paragraph
(b). The county may allow a case manager employed by the county
to delegate certain aspects of the case management activity to
another individual employed by the county provided there is
oversight of the individual by the case manager. The case
manager may not delegate those aspects which require
professional judgment including assessments, reassessments, and
care plan development.
Sec. 23. Minnesota Statutes 2002, section 256B.0913,
subdivision 8, is amended to read:
Subd. 8. [REQUIREMENTS FOR INDIVIDUAL CARE PLAN.] (a) The
case manager shall implement the plan of care for each
alternative care client and ensure that a client's service needs
and eligibility are reassessed at least every 12 months. The
plan shall include any services prescribed by the individual's
attending physician as necessary to allow the individual to
remain in a community setting. In developing the individual's
care plan, the case manager should include the use of volunteers
from families and neighbors, religious organizations, social
clubs, and civic and service organizations to support the formal
home care services. The county shall be held harmless for
damages or injuries sustained through the use of volunteers
under this subdivision including workers' compensation
liability. The lead agency shall provide documentation in each
individual's plan of care and, if requested, to the commissioner
that the most cost-effective alternatives available have been
offered to the individual and that the individual was free to
choose among available qualified providers, both public and
private, including qualified case management or service
coordination providers other than those employed by the lead
agency when the lead agency maintains responsibility for prior
authorizing services in accordance with statutory and
administrative requirements. The case manager must give the
individual a ten-day written notice of any denial, termination,
or reduction of alternative care services.
(b) If the county administering alternative care services
is different than the county of financial responsibility, the
care plan may be implemented without the approval of the county
of financial responsibility.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 24. Minnesota Statutes 2002, section 256B.0913,
subdivision 10, is amended to read:
Subd. 10. [ALLOCATION FORMULA.] (a) The alternative care
appropriation for fiscal years 1992 and beyond shall cover only
alternative care eligible clients. By July 1 of each year, the
commissioner shall allocate to county agencies the state funds
available for alternative care for persons eligible under
subdivision 2.
(b) The adjusted base for each county is the county's
current fiscal year base allocation plus any targeted funds
approved during the current fiscal year. Calculations for
paragraphs (c) and (d) are to be made as follows: for each
county, the determination of alternative care program
expenditures shall be based on payments for services rendered
from April 1 through March 31 in the base year, to the extent
that claims have been submitted and paid by June 1 of that year.
(c) If the alternative care program expenditures as defined
in paragraph (b) are 95 percent or more of the county's adjusted
base allocation, the allocation for the next fiscal year is 100
percent of the adjusted base, plus inflation to the extent that
inflation is included in the state budget.
(d) If the alternative care program expenditures as defined
in paragraph (b) are less than 95 percent of the county's
adjusted base allocation, the allocation for the next fiscal
year is the adjusted base allocation less the amount of unspent
funds below the 95 percent level.
(e) If the annual legislative appropriation for the
alternative care program is inadequate to fund the combined
county allocations for a biennium, the commissioner shall
distribute to each county the entire annual appropriation as
that county's percentage of the computed base as calculated in
paragraphs (c) and (d).
(f) On agreement between the commissioner and the lead
agency, the commissioner may have discretion to reallocate
alternative care base allocations distributed to lead agencies
in which the base amount exceeds program expenditures.
Sec. 25. Minnesota Statutes 2002, section 256B.0913,
subdivision 12, is amended to read:
Subd. 12. [CLIENT PREMIUMS FEES.] (a) A premium fee is
required for all alternative care eligible clients to help pay
for the cost of participating in the program. The amount of the
premium fee for the alternative care client shall be determined
as follows:
(1) when the alternative care client's income less
recurring and predictable medical expenses is greater than the
recipient's maintenance needs allowance as defined in section
256B.0915, subdivision 1d, paragraph (a), but less than 150 100
percent of the federal poverty guideline effective on July 1 of
the state fiscal year in which the premium fee is being
computed, and total assets are less than $10,000, the fee is
zero;
(2) when the alternative care client's income less
recurring and predictable medical expenses is equal to or
greater than 100 percent but less than 150 percent of the
federal poverty guideline effective on July 1 of the state
fiscal year in which the premium fee is being computed, and
total assets are less than $10,000, the fee is 25 five percent
of the cost of alternative care services or the difference
between 150 percent of the federal poverty guideline effective
on July 1 of the state fiscal year in which the premium is being
computed and the client's income less recurring and predictable
medical expenses, whichever is less; and
(3) when the alternative care client's total assets are
greater income less recurring and predictable medical expenses
is equal to or greater than 150 percent but less than 200
percent of the federal poverty guidelines effective on July 1 of
the state fiscal year in which the fee is being computed and
assets are less than $10,000, the fee is 25 15 percent of the
cost of alternative care services;
(4) when the alternative care client's income less
recurring and predictable medical expenses is equal to or
greater than 200 percent of the federal poverty guidelines
effective on July 1 of the state fiscal year in which the fee is
being computed and assets are less than $10,000, the fee is 30
percent of the cost of alternative care services; and
(5) when the alternative care client's assets are equal to
or greater than $10,000, the fee is 30 percent of the cost of
alternative care services.
For married persons, total assets are defined as the total
marital assets less the estimated community spouse asset
allowance, under section 256B.059, if applicable. For married
persons, total income is defined as the client's income less the
monthly spousal allotment, under section 256B.058.
All alternative care services except case management shall
be included in the estimated costs for the purpose of
determining 25 percent of the costs fee.
Premiums Fees are due and payable each month alternative
care services are received unless the actual cost of the
services is less than the premium fee, in which case the fee is
the lesser amount.
(b) The fee shall be waived by the commissioner when:
(1) a person who is residing in a nursing facility is
receiving case management only;
(2) a person is applying for medical assistance;
(3) a married couple is requesting an asset assessment
under the spousal impoverishment provisions;
(4) (3) a person is found eligible for alternative care,
but is not yet receiving alternative care services; or
(5) a person's fee under paragraph (a) is less than $25
(4) a person has chosen to participate in a
consumer-directed service plan for which the cost is no greater
than the total cost of the person's alternative care service
plan less the monthly fee amount that would otherwise be
assessed.
(c) The county agency must record in the state's receivable
system the client's assessed premium fee amount or the reason
the premium fee has been waived. The commissioner will bill and
collect the premium fee from the client. Money collected must
be deposited in the general fund and is appropriated to the
commissioner for the alternative care program. The client must
supply the county with the client's social security number at
the time of application. The county shall supply the
commissioner with the client's social security number and other
information the commissioner requires to collect the premium fee
from the client. The commissioner shall collect unpaid premiums
fees using the Revenue Recapture Act in chapter 270A and other
methods available to the commissioner. The commissioner may
require counties to inform clients of the collection procedures
that may be used by the state if a premium fee is not paid.
This paragraph does not apply to alternative care pilot projects
authorized in Laws 1993, First Special Session chapter 1,
article 5, section 133, if a county operating under the pilot
project reports the following dollar amounts to the commissioner
quarterly:
(1) total premiums fees billed to clients;
(2) total collections of premiums fees billed; and
(3) balance of premiums fees owed by clients.
If a county does not adhere to these reporting requirements, the
commissioner may terminate the billing, collecting, and
remitting portions of the pilot project and require the county
involved to operate under the procedures set forth in this
paragraph.
Sec. 26. Minnesota Statutes 2002, section 256B.0915,
subdivision 3, is amended to read:
Subd. 3. [LIMITS OF CASES, RATES, PAYMENTS, AND
FORECASTING.] (a) The number of medical assistance waiver
recipients that a county may serve must be allocated according
to the number of medical assistance waiver cases open on July 1
of each fiscal year. Additional recipients may be served with
the approval of the commissioner.
(b) Subd. 3a. [ELDERLY WAIVER COST LIMITS.] (a) The
monthly limit for the cost of waivered services to an individual
elderly waiver client shall be the weighted average monthly
nursing facility rate of the case mix resident class to which
the elderly waiver client would be assigned under Minnesota
Rules, parts 9549.0050 to 9549.0059, less the recipient's
maintenance needs allowance as described in subdivision 1d,
paragraph (a), until the first day of the state fiscal year in
which the resident assessment system as described in section
256B.437 for nursing home rate determination is implemented.
Effective on the first day of the state fiscal year in which the
resident assessment system as described in section 256B.437 for
nursing home rate determination is implemented and the first day
of each subsequent state fiscal year, the monthly limit for the
cost of waivered services to an individual elderly waiver client
shall be the rate of the case mix resident class to which the
waiver client would be assigned under Minnesota Rules, parts
9549.0050 to 9549.0059, in effect on the last day of the
previous state fiscal year, adjusted by the greater of any
legislatively adopted home and community-based services
cost-of-living percentage increase or any legislatively adopted
statewide percent rate increase for nursing facilities.
(c) (b) If extended medical supplies and equipment or
environmental modifications are or will be purchased for an
elderly waiver client, the costs may be prorated for up to 12
consecutive months beginning with the month of purchase. If the
monthly cost of a recipient's waivered services exceeds the
monthly limit established in paragraph (b) (a), the annual cost
of all waivered services shall be determined. In this event,
the annual cost of all waivered services shall not exceed 12
times the monthly limit of waivered services as described in
paragraph (b) (a).
(d) Subd. 3b. [COST LIMITS FOR ELDERLY WAIVER APPLICANTS
WHO RESIDE IN A NURSING FACILITY.] (a) For a person who is a
nursing facility resident at the time of requesting a
determination of eligibility for elderly waivered services, a
monthly conversion limit for the cost of elderly waivered
services may be requested. The monthly conversion limit for the
cost of elderly waiver services shall be the resident class
assigned under Minnesota Rules, parts 9549.0050 to 9549.0059,
for that resident in the nursing facility where the resident
currently resides until July 1 of the state fiscal year in which
the resident assessment system as described in section 256B.437
for nursing home rate determination is implemented. Effective
on July 1 of the state fiscal year in which the resident
assessment system as described in section 256B.437 for nursing
home rate determination is implemented, the monthly conversion
limit for the cost of elderly waiver services shall be the per
diem nursing facility rate as determined by the resident
assessment system as described in section 256B.437 for that
resident in the nursing facility where the resident currently
resides multiplied by 365 and divided by 12, less the
recipient's maintenance needs allowance as described in
subdivision 1d. The initially approved conversion rate may be
adjusted by the greater of any subsequent legislatively adopted
home and community-based services cost-of-living percentage
increase or any subsequent legislatively adopted statewide
percentage rate increase for nursing facilities. The limit
under this clause subdivision only applies to persons discharged
from a nursing facility after a minimum 30-day stay and found
eligible for waivered services on or after July 1, 1997.
(b) The following costs must be included in determining the
total monthly costs for the waiver client:
(1) cost of all waivered services, including extended
medical supplies and equipment and environmental modifications;
and
(2) cost of skilled nursing, home health aide, and personal
care services reimbursable by medical assistance.
(e) Subd. 3c. [SERVICE APPROVAL AND CONTRACTING
PROVISIONS.] (a) Medical assistance funding for skilled nursing
services, private duty nursing, home health aide, and personal
care services for waiver recipients must be approved by the case
manager and included in the individual care plan.
(f) (b) A county is not required to contract with a
provider of supplies and equipment if the monthly cost of the
supplies and equipment is less than $250.
(g) Subd. 3d. [ADULT FOSTER CARE RATE.] The adult foster
care rate shall be considered a difficulty of care payment and
shall not include room and board. The adult foster care service
rate shall be negotiated between the county agency and the
foster care provider. The elderly waiver payment for the foster
care service in combination with the payment for all other
elderly waiver services, including case management, must not
exceed the limit specified in subdivision 3a, paragraph (b) (a).
(h) Subd. 3e. [ASSISTED LIVING SERVICE RATE.] (a) Payment
for assisted living service shall be a monthly rate negotiated
and authorized by the county agency based on an individualized
service plan for each resident and may not cover direct rent or
food costs.
(1) (b) The individualized monthly negotiated payment for
assisted living services as described in section 256B.0913,
subdivision 5, paragraph (g) or (h) subdivisions 5d to 5f, and
residential care services as described in section 256B.0913,
subdivision 5, paragraph (f) 5c, shall not exceed the nonfederal
share, in effect on July 1 of the state fiscal year for which
the rate limit is being calculated, of the greater of either the
statewide or any of the geographic groups' weighted average
monthly nursing facility rate of the case mix resident class to
which the elderly waiver eligible client would be assigned under
Minnesota Rules, parts 9549.0050 to 9549.0059, less the
maintenance needs allowance as described in subdivision 1d,
paragraph (a), until the July 1 of the state fiscal year in
which the resident assessment system as described in section
256B.437 for nursing home rate determination is implemented.
Effective on July 1 of the state fiscal year in which the
resident assessment system as described in section 256B.437 for
nursing home rate determination is implemented and July 1 of
each subsequent state fiscal year, the individualized monthly
negotiated payment for the services described in this clause
shall not exceed the limit described in this clause which was in
effect on June 30 of the previous state fiscal year and which
has been adjusted by the greater of any legislatively adopted
home and community-based services cost-of-living percentage
increase or any legislatively adopted statewide percent rate
increase for nursing facilities.
(2) (c) The individualized monthly negotiated payment for
assisted living services described in section 144A.4605 and
delivered by a provider licensed by the department of health as
a class A home care provider or an assisted living home care
provider and provided in a building that is registered as a
housing with services establishment under chapter 144D and that
provides 24-hour supervision in combination with the payment for
other elderly waiver services, including case management, must
not exceed the limit specified in paragraph (b) subdivision 3a.
(i) Subd. 3f. [INDIVIDUAL SERVICE RATES; EXPENDITURE
FORECASTS.] (a) The county shall negotiate individual service
rates with vendors and may authorize payment for actual costs up
to the county's current approved rate. Persons or agencies must
be employed by or under a contract with the county agency or the
public health nursing agency of the local board of health in
order to receive funding under the elderly waiver program,
except as a provider of supplies and equipment when the monthly
cost of the supplies and equipment is less than $250.
(j) (b) Reimbursement for the medical assistance recipients
under the approved waiver shall be made from the medical
assistance account through the invoice processing procedures of
the department's Medicaid Management Information System (MMIS),
only with the approval of the client's case manager. The budget
for the state share of the Medicaid expenditures shall be
forecasted with the medical assistance budget, and shall be
consistent with the approved waiver.
(k) Subd. 3g. [SERVICE RATE LIMITS; STATE ASSUMPTION OF
COSTS.] (a) To improve access to community services and
eliminate payment disparities between the alternative care
program and the elderly waiver, the commissioner shall establish
statewide maximum service rate limits and eliminate
county-specific service rate limits.
(1) (b) Effective July 1, 2001, for service rate limits,
except those described or defined in paragraphs (g) and
(h) subdivisions 3d and 3e, the rate limit for each service
shall be the greater of the alternative care statewide maximum
rate or the elderly waiver statewide maximum rate.
(2) (c) Counties may negotiate individual service rates
with vendors for actual costs up to the statewide maximum
service rate limit.
Sec. 27. Minnesota Statutes 2002, section 256B.15,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] For purposes of this section,
"medical assistance" includes the medical assistance program
under this chapter and the general assistance medical care
program under chapter 256D, but does not include the alternative
care program for nonmedical assistance recipients under section
256B.0913, subdivision 4 and alternative care for nonmedical
assistance recipients under section 256B.0913.
[EFFECTIVE DATE.] This section is effective July 1, 2003,
for decedents dying on or after that date.
Sec. 28. Minnesota Statutes 2002, section 256B.15,
subdivision 1a, is amended to read:
Subd. 1a. [ESTATES SUBJECT TO CLAIMS.] If a person
receives any medical assistance hereunder, on the person's
death, if single, or on the death of the survivor of a married
couple, either or both of whom received medical assistance, or
as otherwise provided for in this section, the total amount paid
for medical assistance rendered for the person and spouse shall
be filed as a claim against the estate of the person or the
estate of the surviving spouse in the court having jurisdiction
to probate the estate or to issue a decree of descent according
to sections 525.31 to 525.313.
A claim shall be filed if medical assistance was rendered
for either or both persons under one of the following
circumstances:
(a) the person was over 55 years of age, and received
services under this chapter, excluding alternative care;
(b) the person resided in a medical institution for six
months or longer, received services under this chapter excluding
alternative care, and, at the time of institutionalization or
application for medical assistance, whichever is later, the
person could not have reasonably been expected to be discharged
and returned home, as certified in writing by the person's
treating physician. For purposes of this section only, a
"medical institution" means a skilled nursing facility,
intermediate care facility, intermediate care facility for
persons with mental retardation, nursing facility, or inpatient
hospital; or
(c) the person received general assistance medical care
services under chapter 256D.
The claim shall be considered an expense of the last
illness of the decedent for the purpose of section 524.3-805.
Any statute of limitations that purports to limit any county
agency or the state agency, or both, to recover for medical
assistance granted hereunder shall not apply to any claim made
hereunder for reimbursement for any medical assistance granted
hereunder. Notice of the claim shall be given to all heirs and
devisees of the decedent whose identity can be ascertained with
reasonable diligence. The notice must include procedures and
instructions for making an application for a hardship waiver
under subdivision 5; time frames for submitting an application
and determination; and information regarding appeal rights and
procedures. Counties are entitled to one-half of the nonfederal
share of medical assistance collections from estates that are
directly attributable to county effort. Counties are entitled
to ten percent of the collections for alternative care directly
attributable to county effort.
[EFFECTIVE DATE.] The amendments in this section relating
to the alternative care program are effective July 1, 2003, and
apply to the estates of decedents who die on or after that
date. The remaining amendments in this section are effective
August 1, 2003, and apply to the estates of decedents who die on
and after that date.
Sec. 29. Minnesota Statutes 2002, section 256B.15,
subdivision 2, is amended to read:
Subd. 2. [LIMITATIONS ON CLAIMS.] The claim shall include
only the total amount of medical assistance rendered after age
55 or during a period of institutionalization described in
subdivision 1a, clause (b), and the total amount of general
assistance medical care rendered, and shall not include
interest. Claims that have been allowed but not paid shall bear
interest according to section 524.3-806, paragraph (d). A claim
against the estate of a surviving spouse who did not receive
medical assistance, for medical assistance rendered for the
predeceased spouse, is limited to the value of the assets of the
estate that were marital property or jointly owned property at
any time during the marriage. Claims for alternative care shall
be net of all premiums paid under section 256B.0913, subdivision
12, on or after July 1, 2003, and shall be limited to services
provided on or after July 1, 2003.
[EFFECTIVE DATE.] This section is effective July 1, 2003,
for decedents dying on or after that date.
Sec. 30. Minnesota Statutes 2002, section 256B.431,
subdivision 2r, is amended to read:
Subd. 2r. [PAYMENT RESTRICTIONS ON LEAVE DAYS.] Effective
July 1, 1993, the commissioner shall limit payment for leave
days in a nursing facility to 79 percent of that nursing
facility's total payment rate for the involved resident. For
services rendered on or after July 1, 2003, for facilities
reimbursed under this section or section 256B.434, the
commissioner shall limit payment for leave days in a nursing
facility to 60 percent of that nursing facility's total payment
rate for the involved resident.
Sec. 31. Minnesota Statutes 2002, section 256B.431, is
amended by adding a subdivision to read:
Subd. 2t. [PAYMENT LIMITATION.] For services rendered on
or after July 1, 2003, for facilities reimbursed under this
section or section 256B.434, the Medicaid program shall only pay
a co-payment during a Medicare-covered skilled nursing facility
stay if the Medicare rate less the resident's co-payment
responsibility is less than the Medicaid RUG-III case-mix
payment rate. The amount that shall be paid by the Medicaid
program is equal to the amount by which the Medicaid RUG-III
case-mix payment rate exceeds the Medicare rate less the
co-payment responsibility. Health plans paying for nursing home
services under section 256B.69, subdivision 6a, may limit
payments as allowed under this subdivision.
Sec. 32. Minnesota Statutes 2002, section 256B.431,
subdivision 32, is amended to read:
Subd. 32. [PAYMENT DURING FIRST 90 DAYS.] (a) For rate
years beginning on or after July 1, 2001, the total payment rate
for a facility reimbursed under this section, section 256B.434,
or any other section for the first 90 paid days after admission
shall be:
(1) for the first 30 paid days, the rate shall be 120
percent of the facility's medical assistance rate for each case
mix class; and
(2) for the next 60 paid days after the first 30 paid days,
the rate shall be 110 percent of the facility's medical
assistance rate for each case mix class.;
(b) (3) beginning with the 91st paid day after admission,
the payment rate shall be the rate otherwise determined under
this section, section 256B.434, or any other section.; and
(c) (4) payments under this subdivision applies paragraph
apply to admissions occurring on or after July 1, 2001, and
before July 1, 2003, and to resident days occurring before July
30, 2003.
(b) For rate years beginning on or after July 1, 2003, the
total payment rate for a facility reimbursed under this section,
section 256B.434, or any other section shall be:
(1) for the first 30 calendar days after admission, the
rate shall be 120 percent of the facility's medical assistance
rate for each RUG class;
(2) beginning with the 31st calendar day after admission,
the payment rate shall be the rate otherwise determined under
this section, section 256B.434, or any other section; and
(3) payments under this paragraph apply to admissions
occurring on or after July 1, 2003.
(c) Effective January 1, 2004, the enhanced rates under
this subdivision shall not be allowed if a resident has resided
during the previous 30 calendar days in:
(1) the same nursing facility;
(2) a nursing facility owned or operated by a related
party; or
(3) a nursing facility or part of a facility that closed.
Sec. 33. Minnesota Statutes 2002, section 256B.431,
subdivision 36, is amended to read:
Subd. 36. [EMPLOYEE SCHOLARSHIP COSTS AND TRAINING IN
ENGLISH AS A SECOND LANGUAGE.] (a) For the period between July
1, 2001, and June 30, 2003, the commissioner shall provide to
each nursing facility reimbursed under this section, section
256B.434, or any other section, a scholarship per diem of 25
cents to the total operating payment rate to be used:
(1) for employee scholarships that satisfy the following
requirements:
(i) scholarships are available to all employees who work an
average of at least 20 hours per week at the facility except the
administrator, department supervisors, and registered nurses;
and
(ii) the course of study is expected to lead to career
advancement with the facility or in long-term care, including
medical care interpreter services and social work; and
(2) to provide job-related training in English as a second
language.
(b) A facility receiving a rate adjustment under this
subdivision may submit to the commissioner on a schedule
determined by the commissioner and on a form supplied by the
commissioner a calculation of the scholarship per diem,
including: the amount received from this rate adjustment; the
amount used for training in English as a second language; the
number of persons receiving the training; the name of the person
or entity providing the training; and for each scholarship
recipient, the name of the recipient, the amount awarded, the
educational institution attended, the nature of the educational
program, the program completion date, and a determination of the
per diem amount of these costs based on actual resident days.
(c) On July 1, 2003, the commissioner shall remove the 25
cent scholarship per diem from the total operating payment rate
of each facility.
(d) For rate years beginning after June 30, 2003, the
commissioner shall provide to each facility the scholarship per
diem determined in paragraph (b). In calculating the per diem
under paragraph (b), the commissioner shall allow only costs
related to tuition and direct educational expenses.
Sec. 34. Minnesota Statutes 2002, section 256B.431, is
amended by adding a subdivision to read:
Subd. 38. [NURSING HOME RATE INCREASES EFFECTIVE IN FISCAL
YEAR 2003.] Effective June 1, 2003, the commissioner shall
provide to each nursing home reimbursed under this section or
section 256B.434, an increase in each case mix payment rate
equal to the increase in the per-bed surcharge paid under
section 256.9657, subdivision 1, paragraph (d), divided by 365
and further divided by .90. The increase shall not be subject
to any annual percentage increase. The 30-day advance notice
requirement in section 256B.47, subdivision 2, shall not apply
to rate increases resulting from this section. The commissioner
shall not adjust the rate increase under this subdivision unless
the adjustment is greater than 1.5 percent of the monthly
surcharge payment amount under section 256.9657, subdivision 4.
[EFFECTIVE DATE.] This section is effective May 31, 2003.
Sec. 35. Minnesota Statutes 2002, section 256B.431, is
amended by adding a subdivision to read:
Subd. 39. [FACILITY RATES BEGINNING ON OR AFTER JULY 1,
2003.] For rate years beginning on or after July 1, 2003,
nursing facilities reimbursed under this section shall have
their July 1 operating payment rate be equal to their operating
payment rate in effect on the prior June 30th.
Sec. 36. Minnesota Statutes 2002, section 256B.434,
subdivision 4, is amended to read:
Subd. 4. [ALTERNATE RATES FOR NURSING FACILITIES.] (a) For
nursing facilities which have their payment rates determined
under this section rather than section 256B.431, the
commissioner shall establish a rate under this subdivision. The
nursing facility must enter into a written contract with the
commissioner.
(b) A nursing facility's case mix payment rate for the
first rate year of a facility's contract under this section is
the payment rate the facility would have received under section
256B.431.
(c) A nursing facility's case mix payment rates for the
second and subsequent years of a facility's contract under this
section are the previous rate year's contract payment rates plus
an inflation adjustment and, for facilities reimbursed under
this section or section 256B.431, an adjustment to include the
cost of any increase in health department licensing fees for the
facility taking effect on or after July 1, 2001. The index for
the inflation adjustment must be based on the change in the
Consumer Price Index-All Items (United States City average)
(CPI-U) forecasted by Data Resources, Inc. the commissioner of
finance's national economic consultant, as forecasted in the
fourth quarter of the calendar year preceding the rate year.
The inflation adjustment must be based on the 12-month period
from the midpoint of the previous rate year to the midpoint of
the rate year for which the rate is being determined. For the
rate years beginning on July 1, 1999, July 1, 2000, July 1,
2001, and July 1, 2002, July 1, 2003, and July 1, 2004, this
paragraph shall apply only to the property-related payment rate,
except that adjustments to include the cost of any increase in
health department licensing fees taking effect on or after July
1, 2001, shall be provided. In determining the amount of the
property-related payment rate adjustment under this paragraph,
the commissioner shall determine the proportion of the
facility's rates that are property-related based on the
facility's most recent cost report.
(d) The commissioner shall develop additional
incentive-based payments of up to five percent above the
standard contract rate for achieving outcomes specified in each
contract. The specified facility-specific outcomes must be
measurable and approved by the commissioner. The commissioner
may establish, for each contract, various levels of achievement
within an outcome. After the outcomes have been specified the
commissioner shall assign various levels of payment associated
with achieving the outcome. Any incentive-based payment cancels
if there is a termination of the contract. In establishing the
specified outcomes and related criteria the commissioner shall
consider the following state policy objectives:
(1) improved cost effectiveness and quality of life as
measured by improved clinical outcomes;
(2) successful diversion or discharge to community
alternatives;
(3) decreased acute care costs;
(4) improved consumer satisfaction;
(5) the achievement of quality; or
(6) any additional outcomes proposed by a nursing facility
that the commissioner finds desirable.
Sec. 37. Minnesota Statutes 2002, section 256B.434,
subdivision 10, is amended to read:
Subd. 10. [EXEMPTIONS.] (a) To the extent permitted by
federal law, (1) a facility that has entered into a contract
under this section is not required to file a cost report, as
defined in Minnesota Rules, part 9549.0020, subpart 13, for any
year after the base year that is the basis for the calculation
of the contract payment rate for the first rate year of the
alternative payment demonstration project contract; and (2) a
facility under contract is not subject to audits of historical
costs or revenues, or paybacks or retroactive adjustments based
on these costs or revenues, except audits, paybacks, or
adjustments relating to the cost report that is the basis for
calculation of the first rate year under the contract.
(b) A facility that is under contract with the commissioner
under this section is not subject to the moratorium on licensure
or certification of new nursing home beds in section 144A.071,
unless the project results in a net increase in bed capacity or
involves relocation of beds from one site to another. Contract
payment rates must not be adjusted to reflect any additional
costs that a nursing facility incurs as a result of a
construction project undertaken under this paragraph. In
addition, as a condition of entering into a contract under this
section, a nursing facility must agree that any future medical
assistance payments for nursing facility services will not
reflect any additional costs attributable to the sale of a
nursing facility under this section and to construction
undertaken under this paragraph that otherwise would not be
authorized under the moratorium in section 144A.073. Nothing in
this section prevents a nursing facility participating in the
alternative payment demonstration project under this section
from seeking approval of an exception to the moratorium through
the process established in section 144A.073, and if approved the
facility's rates shall be adjusted to reflect the cost of the
project. Nothing in this section prevents a nursing facility
participating in the alternative payment demonstration project
from seeking legislative approval of an exception to the
moratorium under section 144A.071, and, if enacted, the
facility's rates shall be adjusted to reflect the cost of the
project.
(c) Notwithstanding section 256B.48, subdivision 6,
paragraphs (c), (d), and (e), and pursuant to any terms and
conditions contained in the facility's contract, a nursing
facility that is under contract with the commissioner under this
section is in compliance with section 256B.48, subdivision 6,
paragraph (b), if the facility is Medicare certified.
(d) Notwithstanding paragraph (a), if by April 1, 1996, the
health care financing administration has not approved a required
waiver, or the Centers for Medicare and Medicaid Services
otherwise requires cost reports to be filed prior to the
waiver's approval, the commissioner shall require a cost report
for the rate year.
(e) A facility that is under contract with the commissioner
under this section shall be allowed to change therapy
arrangements from an unrelated vendor to a related vendor during
the term of the contract. The commissioner may develop
reasonable requirements designed to prevent an increase in
therapy utilization for residents enrolled in the medical
assistance program.
(f) Nursing facilities participating in the alternative
payment system demonstration project must either participate in
the alternative payment system quality improvement program
established by the commissioner or submit information on their
own quality improvement process to the commissioner for
approval. Nursing facilities that have had their own quality
improvement process approved by the commissioner must report
results for at least one key area of quality improvement
annually to the commissioner.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 38. Minnesota Statutes 2002, section 256B.5012, is
amended by adding a subdivision to read:
Subd. 5. [RATE INCREASE EFFECTIVE JUNE 1, 2003.] For rate
periods beginning on or after June 1, 2003, the commissioner
shall increase the total operating payment rate for each
facility reimbursed under this section by $3 per day. The
increase shall not be subject to any annual percentage increase.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 39. Minnesota Statutes 2002, section 256B.76, is
amended to read:
256B.76 [PHYSICIAN AND DENTAL REIMBURSEMENT.]
(a) Effective for services rendered on or after October 1,
1992, the commissioner shall make payments for physician
services as follows:
(1) payment for level one Centers for Medicare and Medicaid
Services' common procedural coding system codes titled "office
and other outpatient services," "preventive medicine new and
established patient," "delivery, antepartum, and postpartum
care," "critical care," cesarean delivery and pharmacologic
management provided to psychiatric patients, and level three
codes for enhanced services for prenatal high risk, shall be
paid at the lower of (i) submitted charges, or (ii) 25 percent
above the rate in effect on June 30, 1992. If the rate on any
procedure code within these categories is different than the
rate that would have been paid under the methodology in section
256B.74, subdivision 2, then the larger rate shall be paid;
(2) payments for all other services shall be paid at the
lower of (i) submitted charges, or (ii) 15.4 percent above the
rate in effect on June 30, 1992;
(3) all physician rates shall be converted from the 50th
percentile of 1982 to the 50th percentile of 1989, less the
percent in aggregate necessary to equal the above increases
except that payment rates for home health agency services shall
be the rates in effect on September 30, 1992;
(4) effective for services rendered on or after January 1,
2000, payment rates for physician and professional services
shall be increased by three percent over the rates in effect on
December 31, 1999, except for home health agency and family
planning agency services; and
(5) the increases in clause (4) shall be implemented
January 1, 2000, for managed care.
(b) Effective for services rendered on or after October 1,
1992, the commissioner shall make payments for dental services
as follows:
(1) dental services shall be paid at the lower of (i)
submitted charges, or (ii) 25 percent above the rate in effect
on June 30, 1992;
(2) dental rates shall be converted from the 50th
percentile of 1982 to the 50th percentile of 1989, less the
percent in aggregate necessary to equal the above increases;
(3) effective for services rendered on or after January 1,
2000, payment rates for dental services shall be increased by
three percent over the rates in effect on December 31, 1999;
(4) the commissioner shall award grants to community
clinics or other nonprofit community organizations, political
subdivisions, professional associations, or other organizations
that demonstrate the ability to provide dental services
effectively to public program recipients. Grants may be used to
fund the costs related to coordinating access for recipients,
developing and implementing patient care criteria, upgrading or
establishing new facilities, acquiring furnishings or equipment,
recruiting new providers, or other development costs that will
improve access to dental care in a region. In awarding grants,
the commissioner shall give priority to applicants that plan to
serve areas of the state in which the number of dental providers
is not currently sufficient to meet the needs of recipients of
public programs or uninsured individuals. The commissioner
shall consider the following in awarding the grants:
(i) potential to successfully increase access to an
underserved population;
(ii) the ability to raise matching funds;
(iii) the long-term viability of the project to improve
access beyond the period of initial funding;
(iv) the efficiency in the use of the funding; and
(v) the experience of the proposers in providing services
to the target population.
The commissioner shall monitor the grants and may terminate
a grant if the grantee does not increase dental access for
public program recipients. The commissioner shall consider
grants for the following:
(i) implementation of new programs or continued expansion
of current access programs that have demonstrated success in
providing dental services in underserved areas;
(ii) a pilot program for utilizing hygienists outside of a
traditional dental office to provide dental hygiene services;
and
(iii) a program that organizes a network of volunteer
dentists, establishes a system to refer eligible individuals to
volunteer dentists, and through that network provides donated
dental care services to public program recipients or uninsured
individuals;
(5) beginning October 1, 1999, the payment for tooth
sealants and fluoride treatments shall be the lower of (i)
submitted charge, or (ii) 80 percent of median 1997 charges;
(6) the increases listed in clauses (3) and (5) shall be
implemented January 1, 2000, for managed care; and
(7) effective for services provided on or after January 1,
2002, payment for diagnostic examinations and dental x-rays
provided to children under age 21 shall be the lower of (i) the
submitted charge, or (ii) 85 percent of median 1999 charges.
(c) Effective for dental services rendered on or after
January 1, 2002, the commissioner may, within the limits of
available appropriation, increase reimbursements to dentists and
dental clinics deemed by the commissioner to be critical access
dental providers. Reimbursement to a critical access dental
provider may be increased by not more than 50 percent above the
reimbursement rate that would otherwise be paid to the
provider. Payments to health plan companies shall be adjusted
to reflect increased reimbursements to critical access dental
providers as approved by the commissioner. In determining which
dentists and dental clinics shall be deemed critical access
dental providers, the commissioner shall review:
(1) the utilization rate in the service area in which the
dentist or dental clinic operates for dental services to
patients covered by medical assistance, general assistance
medical care, or MinnesotaCare as their primary source of
coverage;
(2) the level of services provided by the dentist or dental
clinic to patients covered by medical assistance, general
assistance medical care, or MinnesotaCare as their primary
source of coverage; and
(3) whether the level of services provided by the dentist
or dental clinic is critical to maintaining adequate levels of
patient access within the service area.
In the absence of a critical access dental provider in a service
area, the commissioner may designate a dentist or dental clinic
as a critical access dental provider if the dentist or dental
clinic is willing to provide care to patients covered by medical
assistance, general assistance medical care, or MinnesotaCare at
a level which significantly increases access to dental care in
the service area.
(d) Effective July 1, 2001, the medical assistance rates
for outpatient mental health services provided by an entity that
operates:
(1) a Medicare-certified comprehensive outpatient
rehabilitation facility; and
(2) a facility that was certified prior to January 1, 1993,
with at least 33 percent of the clients receiving rehabilitation
services in the most recent calendar year who are medical
assistance recipients, will be increased by 38 percent, when
those services are provided within the comprehensive outpatient
rehabilitation facility and provided to residents of nursing
facilities owned by the entity.
(e) An entity that operates both a Medicare certified
comprehensive outpatient rehabilitation facility and a facility
which was certified prior to January 1, 1993, that is licensed
under Minnesota Rules, parts 9570.2000 to 9570.3600, and for
whom at least 33 percent of the clients receiving rehabilitation
services in the most recent calendar year are medical assistance
recipients, shall be reimbursed by the commissioner for
rehabilitation services at rates that are 38 percent greater
than the maximum reimbursement rate allowed under paragraph (a),
clause (2), when those services are (1) provided within the
comprehensive outpatient rehabilitation facility and (2)
provided to residents of nursing facilities owned by the entity.
Sec. 40. Minnesota Statutes 2002, section 256B.761, is
amended to read:
256B.761 [REIMBURSEMENT FOR MENTAL HEALTH SERVICES.]
(a) Effective for services rendered on or after July 1,
2001, payment for medication management provided to psychiatric
patients, outpatient mental health services, day treatment
services, home-based mental health services, and family
community support services shall be paid at the lower of (1)
submitted charges, or (2) 75.6 percent of the 50th percentile of
1999 charges.
(b) Effective July 1, 2001, the medical assistance rates
for outpatient mental health services provided by an entity that
operates: (1) a Medicare-certified comprehensive outpatient
rehabilitation facility; and (2) a facility that was certified
prior to January 1, 1993, with at least 33 percent of the
clients receiving rehabilitation services in the most recent
calendar year who are medical assistance recipients, will be
increased by 38 percent, when those services are provided within
the comprehensive outpatient rehabilitation facility and
provided to residents of nursing facilities owned by the entity.
Sec. 41. Minnesota Statutes 2002, section 256D.03,
subdivision 3a, is amended to read:
Subd. 3a. [CLAIMS; ASSIGNMENT OF BENEFITS.] Claims must be
filed pursuant to section 256D.16. General assistance medical
care applicants and recipients must apply or agree to apply
third party health and accident benefits to the costs of medical
care. They must cooperate with the state in establishing
paternity and obtaining third party payments. By signing an
application for accepting general assistance, a person assigns
to the department of human services all rights to medical
support or payments for medical expenses from another person or
entity on their own or their dependent's behalf and agrees to
cooperate with the state in establishing paternity and obtaining
third party payments. The application shall contain a statement
explaining the assignment. Any rights or amounts assigned shall
be applied against the cost of medical care paid for under this
chapter. An assignment is effective on the date general
assistance medical care eligibility takes effect. The
assignment shall not affect benefits paid or provided under
automobile accident coverage and private health care coverage
until the person or organization providing the benefits has
received notice of the assignment.
Sec. 42. Minnesota Statutes 2002, section 256I.02, is
amended to read:
256I.02 [PURPOSE.]
The Group Residential Housing Act establishes a
comprehensive system of rates and payments for persons who
reside in a group residence the community and who meet the
eligibility criteria under section 256I.04, subdivision 1.
Sec. 43. Minnesota Statutes 2002, section 256I.04,
subdivision 3, is amended to read:
Subd. 3. [MORATORIUM ON THE DEVELOPMENT OF GROUP
RESIDENTIAL HOUSING BEDS.] (a) County agencies shall not enter
into agreements for new group residential housing beds with
total rates in excess of the MSA equivalent rate except: (1)
for group residential housing establishments meeting the
requirements of subdivision 2a, clause (2) with department
approval; (2) for group residential housing establishments
licensed under Minnesota Rules, parts 9525.0215 to 9525.0355,
provided the facility is needed to meet the census reduction
targets for persons with mental retardation or related
conditions at regional treatment centers; (3) (2) to ensure
compliance with the federal Omnibus Budget Reconciliation Act
alternative disposition plan requirements for inappropriately
placed persons with mental retardation or related conditions or
mental illness; (4) (3) up to 80 beds in a single, specialized
facility located in Hennepin county that will provide housing
for chronic inebriates who are repetitive users of
detoxification centers and are refused placement in emergency
shelters because of their state of intoxication, and planning
for the specialized facility must have been initiated before
July 1, 1991, in anticipation of receiving a grant from the
housing finance agency under section 462A.05, subdivision 20a,
paragraph (b); (5) (4) notwithstanding the provisions of
subdivision 2a, for up to 190 supportive housing units in Anoka,
Dakota, Hennepin, or Ramsey county for homeless adults with a
mental illness, a history of substance abuse, or human
immunodeficiency virus or acquired immunodeficiency syndrome.
For purposes of this section, "homeless adult" means a person
who is living on the street or in a shelter or discharged from a
regional treatment center, community hospital, or residential
treatment program and has no appropriate housing available and
lacks the resources and support necessary to access appropriate
housing. At least 70 percent of the supportive housing units
must serve homeless adults with mental illness, substance abuse
problems, or human immunodeficiency virus or acquired
immunodeficiency syndrome who are about to be or, within the
previous six months, has been discharged from a regional
treatment center, or a state-contracted psychiatric bed in a
community hospital, or a residential mental health or chemical
dependency treatment program. If a person meets the
requirements of subdivision 1, paragraph (a), and receives a
federal or state housing subsidy, the group residential housing
rate for that person is limited to the supplementary rate under
section 256I.05, subdivision 1a, and is determined by
subtracting the amount of the person's countable income that
exceeds the MSA equivalent rate from the group residential
housing supplementary rate. A resident in a demonstration
project site who no longer participates in the demonstration
program shall retain eligibility for a group residential housing
payment in an amount determined under section 256I.06,
subdivision 8, using the MSA equivalent rate. Service funding
under section 256I.05, subdivision 1a, will end June 30, 1997,
if federal matching funds are available and the services can be
provided through a managed care entity. If federal matching
funds are not available, then service funding will continue
under section 256I.05, subdivision 1a; or (6) for group
residential housing beds in settings meeting the requirements of
subdivision 2a, clauses (1) and (3), which are used exclusively
for recipients receiving home and community-based waiver
services under sections 256B.0915, 256B.092, subdivision 5,
256B.093, and 256B.49, and who resided in a nursing facility for
the six months immediately prior to the month of entry into the
group residential housing setting. The group residential
housing rate for these beds must be set so that the monthly
group residential housing payment for an individual occupying
the bed when combined with the nonfederal share of services
delivered under the waiver for that person does not exceed the
nonfederal share of the monthly medical assistance payment made
for the person to the nursing facility in which the person
resided prior to entry into the group residential housing
establishment. The rate may not exceed the MSA equivalent rate
plus $426.37 for any case.
(b) A county agency may enter into a group residential
housing agreement for beds with rates in excess of the MSA
equivalent rate in addition to those currently covered under a
group residential housing agreement if the additional beds are
only a replacement of beds with rates in excess of the MSA
equivalent rate which have been made available due to closure of
a setting, a change of licensure or certification which removes
the beds from group residential housing payment, or as a result
of the downsizing of a group residential housing setting. The
transfer of available beds from one county to another can only
occur by the agreement of both counties.
Sec. 44. Minnesota Statutes 2002, section 256I.05,
subdivision 1, is amended to read:
Subdivision 1. [MAXIMUM RATES.] (a) Monthly room and board
rates negotiated by a county agency for a recipient living in
group residential housing must not exceed the MSA equivalent
rate specified under section 256I.03, subdivision 5,. with the
exception that a county agency may negotiate a supplementary
room and board rate that exceeds the MSA equivalent rate for
recipients of waiver services under title XIX of the Social
Security Act. This exception is subject to the following
conditions:
(1) the setting is licensed by the commissioner of human
services under Minnesota Rules, parts 9555.5050 to 9555.6265;
(2) the setting is not the primary residence of the license
holder and in which the license holder is not the primary
caregiver; and
(3) the average supplementary room and board rate in a
county for a calendar year may not exceed the average
supplementary room and board rate for that county in effect on
January 1, 2000. For calendar years beginning on or after
January 1, 2002, within the limits of appropriations
specifically for this purpose, the commissioner shall increase
each county's supplemental room and board rate average on an
annual basis by a factor consisting of the percentage change in
the Consumer Price Index-All items, United States city average
(CPI-U) for that calendar year compared to the preceding
calendar year as forecasted by Data Resources, Inc., in the
third quarter of the preceding calendar year. If a county has
not negotiated supplementary room and board rates for any
facilities located in the county as of January 1, 2000, or has
an average supplemental room and board rate under $100 per
person as of January 1, 2000, it may submit a supplementary room
and board rate request with budget information for a facility to
the commissioner for approval.
The county agency may at any time negotiate a higher or lower
room and board rate than the average supplementary room and
board rate.
(b) Notwithstanding paragraph (a), clause (3), county
agencies may negotiate a supplementary room and board rate that
exceeds the MSA equivalent rate by up to $426.37 for up to five
facilities, serving not more than 20 individuals in total, that
were established to replace an intermediate care facility for
persons with mental retardation and related conditions located
in the city of Roseau that became uninhabitable due to flood
damage in June 2002.
[EFFECTIVE DATE.] This section is effective July 1, 2004,
or upon receipt of federal approval of waiver amendment,
whichever is later.
Sec. 45. Minnesota Statutes 2002, section 256I.05,
subdivision 1a, is amended to read:
Subd. 1a. [SUPPLEMENTARY SERVICE RATES.] (a) Subject to
the provisions of section 256I.04, subdivision 3, in addition to
the room and board rate specified in subdivision 1, the county
agency may negotiate a payment not to exceed $426.37 for other
services necessary to provide room and board provided by the
group residence if the residence is licensed by or registered by
the department of health, or licensed by the department of human
services to provide services in addition to room and board, and
if the provider of services is not also concurrently receiving
funding for services for a recipient under a home and
community-based waiver under title XIX of the Social Security
Act; or funding from the medical assistance program under
section 256B.0627, subdivision 4, for personal care services for
residents in the setting; or residing in a setting which
receives funding under Minnesota Rules, parts 9535.2000 to
9535.3000. If funding is available for other necessary services
through a home and community-based waiver, or personal care
services under section 256B.0627, subdivision 4, then the GRH
rate is limited to the rate set in subdivision 1. Unless
otherwise provided in law, in no case may the supplementary
service rate plus the supplementary room and board rate exceed
$426.37. The registration and licensure requirement does not
apply to establishments which are exempt from state licensure
because they are located on Indian reservations and for which
the tribe has prescribed health and safety requirements.
Service payments under this section may be prohibited under
rules to prevent the supplanting of federal funds with state
funds. The commissioner shall pursue the feasibility of
obtaining the approval of the Secretary of Health and Human
Services to provide home and community-based waiver services
under title XIX of the Social Security Act for residents who are
not eligible for an existing home and community-based waiver due
to a primary diagnosis of mental illness or chemical dependency
and shall apply for a waiver if it is determined to be
cost-effective.
(b) The commissioner is authorized to make cost-neutral
transfers from the GRH fund for beds under this section to other
funding programs administered by the department after
consultation with the county or counties in which the affected
beds are located. The commissioner may also make cost-neutral
transfers from the GRH fund to county human service agencies for
beds permanently removed from the GRH census under a plan
submitted by the county agency and approved by the
commissioner. The commissioner shall report the amount of any
transfers under this provision annually to the legislature.
(c) The provisions of paragraph (b) do not apply to a
facility that has its reimbursement rate established under
section 256B.431, subdivision 4, paragraph (c).
Sec. 46. Minnesota Statutes 2002, section 256I.05,
subdivision 7c, is amended to read:
Subd. 7c. [DEMONSTRATION PROJECT.] The commissioner is
authorized to pursue a demonstration project under federal food
stamp regulation for the purpose of gaining federal
reimbursement of food and nutritional costs currently paid by
the state group residential housing program. The commissioner
shall seek approval no later than January 1, 2004. Any
reimbursement received is nondedicated revenue to the general
fund.
Sec. 47. [514.991] [ALTERNATIVE CARE LIENS; DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 514.991 to 514.995.
Subd. 2. [ALTERNATIVE CARE AGENCY, AGENCY, OR
DEPARTMENT.] "Alternative care agency," "agency," or "department"
means the department of human services when it pays for or
provides alternative care benefits for a nonmedical assistance
recipient directly or through a county social services agency
under chapter 256B according to section 256B.0913.
Subd. 3. [ALTERNATIVE CARE BENEFIT OR
BENEFITS.] "Alternative care benefit" or "benefits" means a
benefit provided to a nonmedical assistance recipient under
chapter 256B according to section 256B.0913.
Subd. 4. [ALTERNATIVE CARE RECIPIENT OR
RECIPIENT.] "Alternative care recipient" or "recipient" means a
person who receives alternative care grant benefits.
Subd. 5. [ALTERNATIVE CARE LIEN OR LIEN.] "Alternative
care lien" or "lien" means a lien filed under sections 514.992
to 514.995.
[EFFECTIVE DATE.] This section is effective July 1, 2003,
for services for persons first enrolling in the alternative care
program on or after that date and on the first day of the first
eligibility renewal period for persons enrolled in the
alternative care program prior to July 1, 2003.
Sec. 48. [514.992] [ALTERNATIVE CARE LIEN.]
Subdivision 1. [PROPERTY SUBJECT TO LIEN; LIEN AMOUNT.] (a)
Subject to sections 514.991 to 514.995, payments made by an
alternative care agency to provide benefits to a recipient or to
the recipient's spouse who owns property in this state
constitute a lien in favor of the agency on all real property
the recipient owns at and after the time the benefits are first
paid.
(b) The amount of the lien is limited to benefits paid for
services provided to recipients over 55 years of age and
provided on and after July 1, 2003.
Subd. 2. [ATTACHMENT.] (a) A lien attaches to and becomes
enforceable against specific real property as of the date when
all of the following conditions are met:
(1) the agency has paid benefits for a recipient;
(2) the recipient has been given notice and an opportunity
for a hearing under paragraph (b);
(3) the lien has been filed as provided for in section
514.993 or memorialized on the certificate of title for the
property it describes; and
(4) all restrictions against enforcement have ceased to
apply.
(b) An agency may not file a lien until it has sent the
recipient, their authorized representative, or their legal
representative written notice of its lien rights by certified
mail, return receipt requested, or registered mail and there has
been an opportunity for a hearing under section 256.045. No
person other than the recipient shall have a right to a hearing
under section 256.045 prior to the time the lien is filed. The
hearing shall be limited to whether the agency has met all of
the prerequisites for filing the lien and whether any of the
exceptions in this section apply.
(c) An agency may not file a lien against the recipient's
homestead when any of the following exceptions apply:
(1) while the recipient's spouse is also physically present
and lawfully and continuously residing in the homestead;
(2) a child of the recipient who is under age 21 or who is
blind or totally and permanently disabled according to
supplemental security income criteria is also physically present
on the property and lawfully and continuously residing on the
property from and after the date the recipient first receives
benefits;
(3) a child of the recipient who has also lawfully and
continuously resided on the property for a period beginning at
least two years before the first day of the month in which the
recipient began receiving alternative care, and who provided
uncompensated care to the recipient which enabled the recipient
to live without alternative care services for the two-year
period;
(4) a sibling of the recipient who has an ownership
interest in the property of record in the office of the county
recorder or registrar of titles for the county in which the real
property is located and who has also continuously occupied the
homestead for a period of at least one year immediately prior to
the first day of the first month in which the recipient received
benefits and continuously since that date.
(d) A lien only applies to the real property it describes.
Subd. 3. [CONTINUATION OF LIEN.] A lien remains effective
from the time it is filed until it is paid, satisfied,
discharged, or becomes unenforceable under sections 514.991 to
514.995.
Subd. 4. [PRIORITY OF LIEN.] (a) A lien which attaches to
the real property it describes is subject to the rights of
anyone else whose interest in the real property is perfected of
record before the lien has been recorded or filed under section
514.993, including:
(1) an owner, other than the recipient or the recipient's
spouse;
(2) a good faith purchaser for value without notice of the
lien;
(3) a holder of a mortgage or security interest; or
(4) a judgment lien creditor whose judgment lien has
attached to the recipient's interest in the real property.
(b) The rights of the other person have the same
protections against an alternative care lien as are afforded
against a judgment lien that arises out of an unsecured
obligation and arises as of the time of the filing of an
alternative care grant lien under section 514.993. The lien
shall be inferior to a lien for property taxes and special
assessments and shall be superior to all other matters first
appearing of record after the time and date the lien is filed or
recorded.
Subd. 5. [SETTLEMENT, SUBORDINATION, AND RELEASE.] (a) An
agency may, with absolute discretion, settle or subordinate the
lien to any other lien or encumbrance of record upon the terms
and conditions it deems appropriate.
(b) The agency filing the lien shall release and discharge
the lien:
(1) if it has been paid, discharged, or satisfied;
(2) if it has received reimbursement for the amounts
secured by the lien, has entered into a binding and legally
enforceable agreement under which it is reimbursed for the
amount of the lien, or receives other collateral sufficient to
secure payment of the lien;
(3) against some, but not all, of the property it describes
upon the terms, conditions, and circumstances the agency deems
appropriate;
(4) to the extent it cannot be lawfully enforced against
the property it describes because of an error, omission, or
other material defect in the legal description contained in the
lien or a necessary prerequisite to enforcement of the lien; and
(5) if, in its discretion, it determines the filing or
enforcement of the lien is contrary to the public interest.
(c) The agency executing the lien shall execute and file
the release as provided for in section 514.993, subdivision 2.
Subd. 6. [LENGTH OF LIEN.] (a) A lien shall be a lien on
the real property it describes for a period of ten years from
the date it attaches according to subdivision 2, paragraph (a),
except as otherwise provided for in sections 514.992 to
514.995. The agency filing the lien may renew the lien for one
additional ten-year period from the date it would otherwise
expire by recording or filing a certificate of renewal before
the lien expires. The certificate of renewal shall be recorded
or filed in the office of the county recorder or registrar of
titles for the county in which the lien is recorded or filed.
The certificate must refer to the recording or filing data for
the lien it renews. The certificate need not be attested,
certified, or acknowledged as a condition for recording or
filing. The recorder or registrar of titles shall record, file,
index, and return the certificate of renewal in the same manner
provided for liens in section 514.993, subdivision 2.
(b) An alternative care lien is not enforceable against the
real property of an estate to the extent there is a
determination by a court of competent jurisdiction, or by an
officer of the court designated for that purpose, that there are
insufficient assets in the estate to satisfy the lien in whole
or in part because of the homestead exemption under section
256B.15, subdivision 4, the rights of a surviving spouse or a
minor child under section 524.2-403, paragraphs (a) and (b), or
claims with a priority under section 524.3-805, paragraph (a),
clauses (1) to (4). For purposes of this section, the rights of
the decedent's adult children to exempt property under section
524.2-403, paragraph (b), shall not be considered costs of
administration under section 524.3-805, paragraph (a), clause
(1).
[EFFECTIVE DATE.] This section is effective July 1, 2003,
for services for persons first enrolling in the alternative care
program on or after that date and on the first day of the first
eligibility renewal period for persons enrolled in the
alternative care program prior to July 1, 2003.
Sec. 49. [514.993] [LIEN; CONTENTS AND FILING.]
Subdivision 1. [CONTENTS.] A lien shall be dated and must
contain:
(1) the recipient's full name, last known address, and
social security number;
(2) a statement that benefits have been paid to or for the
recipient's benefit;
(3) a statement that all of the recipient's interests in
the real property described in the lien may be subject to or
affected by the agency's right to reimbursement for benefits;
(4) a legal description of the real property subject to the
lien and whether it is registered or abstract property; and
(5) such other contents, if any, as the agency deems
appropriate.
Subd. 2. [FILING.] Any lien, release, or other document
required or permitted to be filed under sections 514.991 to
514.995 must be recorded or filed in the office of the county
recorder or registrar of titles, as appropriate, in the county
where the real property is located. Notwithstanding section
386.77, the agency shall pay the applicable filing fee for any
documents filed under sections 514.991 to 514.995. An
attestation, certification, or acknowledgment is not required as
a condition of filing. If the property described in the lien is
registered property, the registrar of titles shall record it on
the certificate of title for each parcel of property described
in the lien. If the property described in the lien is abstract
property, the recorder shall file the lien in the county's
grantor-grantee indexes and any tract indexes the county
maintains for each parcel of property described in the lien.
The recorder or registrar shall return the recorded or filed
lien to the agency at no cost. If the agency provides a
duplicate copy of the lien, the recorder or registrar of titles
shall show the recording or filing data on the copy and return
it to the agency at no cost. The agency is responsible for
filing any lien, release, or other documents under sections
514.991 to 514.995.
[EFFECTIVE DATE.] This section is effective July 1, 2003,
for services for persons first enrolling in the alternative care
program on or after that date and on the first day of the first
eligibility renewal period for persons enrolled in the
alternative care program prior to July 1, 2003.
Sec. 50. [514.994] [ENFORCEMENT; OTHER REMEDIES.]
Subdivision 1. [FORECLOSURE OR ENFORCEMENT OF LIEN.] The
agency may enforce or foreclose a lien filed under sections
514.991 to 514.995 in the manner provided for by law for
enforcement of judgment liens against real estate or by a
foreclosure by action under chapter 581. The lien shall remain
enforceable as provided for in sections 514.991 to 514.995
notwithstanding any laws limiting the enforceability of
judgments.
Subd. 2. [HOMESTEAD EXEMPTION.] The lien may not be
enforced against the homestead property of the recipient or the
spouse while they physically occupy it as their lawful residence.
Subd. 3. [AGENCY CLAIM OR REMEDY.] Sections 514.992 to
514.995 do not limit the agency's right to file a claim against
the recipient's estate or the estate of the recipient's spouse,
do not limit any other claims for reimbursement the agency may
have, and do not limit the availability of any other remedy to
the agency.
[EFFECTIVE DATE.] This section is effective July 1, 2003,
for services for persons first enrolling in the alternative care
program on or after that date and on the first day of the first
eligibility renewal period for persons enrolled in the
alternative care program prior to July 1, 2003.
Sec. 51. [514.995] [AMOUNTS RECEIVED TO SATISFY LIEN.]
Amounts the agency receives to satisfy the lien must be
deposited in the state treasury and credited to the fund from
which the benefits were paid.
[EFFECTIVE DATE.] This section is effective July 1, 2003,
for services for persons first enrolling in the alternative care
program on or after that date and on the first day of the first
eligibility renewal period for persons enrolled in the
alternative care program prior to July 1, 2003.
Sec. 52. Minnesota Statutes 2002, section 524.3-805, is
amended to read:
524.3-805 [CLASSIFICATION OF CLAIMS.]
(a) If the applicable assets of the estate are insufficient
to pay all claims in full, the personal representative shall
make payment in the following order:
(1) costs and expenses of administration;
(2) reasonable funeral expenses;
(3) debts and taxes with preference under federal law;
(4) reasonable and necessary medical, hospital, or nursing
home expenses of the last illness of the decedent, including
compensation of persons attending the decedent, a claim filed
under section 256B.15 for recovery of expenditures for
alternative care for nonmedical assistance recipients under
section 256B.0913, and including a claim filed pursuant to
section 256B.15;
(5) reasonable and necessary medical, hospital, and nursing
home expenses for the care of the decedent during the year
immediately preceding death;
(6) debts with preference under other laws of this state,
and state taxes;
(7) all other claims.
(b) No preference shall be given in the payment of any
claim over any other claim of the same class, and a claim due
and payable shall not be entitled to a preference over claims
not due, except that if claims for expenses of the last illness
involve only claims filed under section 256B.15 for recovery of
expenditures for alternative care for nonmedical assistance
recipients under section 256B.0913, section 246.53 for costs of
state hospital care and claims filed under section 256B.15,
claims filed to recover expenditures for alternative care for
nonmedical assistance recipients under section 256B.0913 shall
have preference over claims filed under both sections 246.53 and
other claims filed under section 256B.15, and claims filed under
section 246.53 have preference over claims filed under section
256B.15 for recovery of amounts other than those for
expenditures for alternative care for nonmedical assistance
recipients under section 256B.0913.
[EFFECTIVE DATE.] This section is effective July 1, 2003,
for decedents dying on or after that date.
Sec. 53. [IMPOSITION OF FEDERAL CERTIFICATION REMEDIES.]
The commissioner of health shall seek changes in the
federal policy that mandates the imposition of federal sanctions
without providing an opportunity for a nursing facility to
correct deficiencies, solely as the result of previous
deficiencies issued to the nursing facility.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 54. [REPORT ON LONG-TERM CARE.]
The report on long-term care services required under
Minnesota Statutes, section 144A.351, that is presented to the
legislature by January 15, 2004, must also address the
feasibility of offering government or private sector loans or
lines of credit to individuals age 65 and over, for the purchase
of long-term care services.
Sec. 55. [REPORTS; POTENTIAL SAVINGS TO STATE FROM CERTAIN
LONG-TERM CARE INSURANCE PURCHASE INCENTIVES.]
The commissioner of human services shall report to the
legislature by January 15, 2005, on long-term care financing
reform. The report must include a new mix of public and private
approaches to the financing of long-term care. The report shall
examine strategies and financing options that will increase the
availability and use of nongovernment resources to pay for
long-term care, including new ways of using limited government
funds for long-term care. The report shall examine the
feasibility of:
(1) initiating a long-term care insurance partnership
program, similar to those adopted in other states, under which
the state would encourage the purchase of private long-term care
insurance by permitting the insured to retain assets in excess
of those otherwise permitted for medical assistance eligibility,
if the insured later exhausts the private long-term care
insurance benefits. The report must include the feasibility of
obtaining any necessary federal waiver;
(2) using state medical assistance funds to subsidize the
purchase of private long-term care insurance by individuals who
would be unlikely to purchase it without a subsidy, in order to
generate long-term medical assistance savings; and
(3) adding a nursing facility benefit to Medicare-related
coverage, as defined in Minnesota Statutes, section 62Q.01,
subdivision 6. The report must quantify the costs or savings
resulting from adding a nursing facility benefit.
The report must comply with Minnesota Statutes, sections
3.195 and 3.197.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 56. [REVISOR'S INSTRUCTION.]
For sections in Minnesota Statutes and Minnesota Rules
affected by the repealed sections in this article, the revisor
shall delete internal cross-references where appropriate and
make changes necessary to correct the punctuation, grammar, or
structure of the remaining text and preserve its meaning.
Sec. 57. [REPEALER.]
(a) Minnesota Statutes 2002, sections 256.973; 256.9772;
and 256B.437, subdivision 2, are repealed effective July 1, 2003.
(b) Minnesota Statutes 2002, sections 62J.66; 62J.68;
144A.071, subdivision 5; and 144A.35, are repealed.
(c) Laws 1998, chapter 407, article 4, section 63, is
repealed.
(d) Minnesota Rules, parts 9505.3045; 9505.3050; 9505.3055;
9505.3060; 9505.3068; 9505.3070; 9505.3075; 9505.3080;
9505.3090; 9505.3095; 9505.3100; 9505.3105; 9505.3107;
9505.3110; 9505.3115; 9505.3120; 9505.3125; 9505.3130;
9505.3138; 9505.3139; 9505.3140; 9505.3680; 9505.3690; and
9505.3700, are repealed effective July 1, 2003.
(e) Laws 2003, chapter 55, sections 1 and 4, are repealed
effective the day following final enactment.
ARTICLE 3
CONTINUING CARE FOR PERSONS WITH DISABILITIES
Section 1. Minnesota Statutes 2002, section 174.30,
subdivision 1, is amended to read:
Subdivision 1. [APPLICABILITY.] (a) The operating
standards for special transportation service adopted under this
section do not apply to special transportation provided by:
(1) a common carrier operating on fixed routes and
schedules;
(2) a volunteer driver using a private automobile;
(3) a school bus as defined in section 169.01, subdivision
6; or
(4) an emergency ambulance regulated under chapter 144.
(b) The operating standards adopted under this section only
apply to providers of special transportation service who receive
grants or other financial assistance from either the state or
the federal government, or both, to provide or assist in
providing that service; except that the operating standards
adopted under this section do not apply to any nursing home
licensed under section 144A.02, to any board and care facility
licensed under section 144.50, or to any day training and
habilitation services, day care, or group home facility licensed
under sections 245A.01 to 245A.19 unless the facility or program
provides transportation to nonresidents on a regular basis and
the facility receives reimbursement, other than per diem
payments, for that service under rules promulgated by the
commissioner of human services.
(c) Notwithstanding paragraph (b), the operating standards
adopted under this section do not apply to any vendor of
services licensed under chapter 245B that provides
transportation services to consumers or residents of other
vendors licensed under chapter 245B and transports 15 or fewer
persons, including consumers or residents and the driver.
Sec. 2. Minnesota Statutes 2002, section 245B.06,
subdivision 8, is amended to read:
Subd. 8. [LEAVING THE RESIDENCE.] As specified in each
consumer's individual service plan, Each consumer requiring a
24-hour plan of care must leave the residence to participate in
regular education, employment, or community activities shall
receive services during the day outside the residence unless
otherwise specified in the individual's service plan. License
holders, providing services to consumers living in a licensed
site, shall ensure that they are prepared to care for consumers
whenever they are at the residence during the day because of
illness, work schedules, or other reasons.
Sec. 3. Minnesota Statutes 2002, section 245B.07,
subdivision 11, is amended to read:
Subd. 11. [TRAVEL TIME TO AND FROM A DAY TRAINING AND
HABILITATION SITE.] Except in unusual circumstances, the license
holder must not transport a consumer receiving services for
longer than one hour 90 minutes per one-way trip. Nothing in
this subdivision relieves the provider of the obligation to
provide the number of program hours as identified in the
individualized service plan.
Sec. 4. Minnesota Statutes 2002, section 246.54, is
amended to read:
246.54 [LIABILITY OF COUNTY; REIMBURSEMENT.]
Subdivision 1. [COUNTY PORTION FOR COST OF CARE.] Except
for chemical dependency services provided under sections 254B.01
to 254B.09, the client's county shall pay to the state of
Minnesota a portion of the cost of care provided in a regional
treatment center or a state nursing facility to a client legally
settled in that county. A county's payment shall be made from
the county's own sources of revenue and payments shall be paid
as follows: payments to the state from the county shall
equal ten 20 percent of the cost of care, as determined by the
commissioner, for each day, or the portion thereof, that the
client spends at a regional treatment center or a state nursing
facility. If payments received by the state under sections
246.50 to 246.53 exceed 90 80 percent of the cost of care, the
county shall be responsible for paying the state only the
remaining amount. The county shall not be entitled to
reimbursement from the client, the client's estate, or from the
client's relatives, except as provided in section 246.53. No
such payments shall be made for any client who was last
committed prior to July 1, 1947.
Subd. 2. [EXCEPTIONS.] Subdivision 1 does not apply to
services provided at the Minnesota security hospital, the
Minnesota sex offender program, or the Minnesota extended
treatment options program. For services at these facilities, a
county's payment shall be made from the county's own sources of
revenue and payments shall be paid as follows: payments to the
state from the county shall equal ten percent of the cost of
care, as determined by the commissioner, for each day, or the
portion thereof, that the client spends at the facility. If
payments received by the state under sections 246.50 to 246.53
exceed 90 percent of the cost of care, the county shall be
responsible for paying the state only the remaining amount. The
county shall not be entitled to reimbursement from the client,
the client's estate, or from the client's relatives, except as
provided in section 246.53.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 5. Minnesota Statutes 2002, section 252.32,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM ESTABLISHED.] In accordance with
state policy established in section 256F.01 that all children
are entitled to live in families that offer safe, nurturing,
permanent relationships, and that public services be directed
toward preventing the unnecessary separation of children from
their families, and because many families who have children with
mental retardation or related conditions disabilities have
special needs and expenses that other families do not have, the
commissioner of human services shall establish a program to
assist families who have dependents dependent children with
mental retardation or related conditions disabilities living in
their home. The program shall make support grants available to
the families.
Sec. 6. Minnesota Statutes 2002, section 252.32,
subdivision 1a, is amended to read:
Subd. 1a. [SUPPORT GRANTS.] (a) Provision of support
grants must be limited to families who require support and whose
dependents are under the age of 22 and who have mental
retardation or who have a related condition 21 and who have been
determined by a screening team established certified disabled
under section 256B.092 to be at risk of
institutionalization 256B.055, subdivision 12, paragraphs (a),
(b), (c), (d), and (e). Families who are receiving home and
community-based waivered services for persons with mental
retardation or related conditions are not eligible for support
grants.
Families receiving grants who will be receiving home and
community-based waiver services for persons with mental
retardation or a related condition for their family member
within the grant year, and who have ongoing payments for
environmental or vehicle modifications which have been approved
by the county as a grant expense and would have qualified for
payment under this waiver may receive a onetime grant payment
from the commissioner to reduce or eliminate the principal of
the remaining debt for the modifications, not to exceed the
maximum amount allowable for the remaining years of eligibility
for a family support grant. The commissioner is authorized to
use up to $20,000 annually from the grant appropriation for this
purpose. Any amount unexpended at the end of the grant year
shall be allocated by the commissioner in accordance with
subdivision 3a, paragraph (b), clause (2). Families whose
annual adjusted gross income is $60,000 or more are not eligible
for support grants except in cases where extreme hardship is
demonstrated. Beginning in state fiscal year 1994, the
commissioner shall adjust the income ceiling annually to reflect
the projected change in the average value in the United States
Department of Labor Bureau of Labor Statistics consumer price
index (all urban) for that year.
(b) Support grants may be made available as monthly subsidy
grants and lump sum grants.
(c) Support grants may be issued in the form of cash,
voucher, and direct county payment to a vendor.
(d) Applications for the support grant shall be made by the
legal guardian to the county social service agency. The
application shall specify the needs of the families, the form of
the grant requested by the families, and that the families have
agreed to use the support grant for items and services within
the designated reimbursable expense categories and
recommendations of the county to be reimbursed.
(e) Families who were receiving subsidies on the date of
implementation of the $60,000 income limit in paragraph (a)
continue to be eligible for a family support grant until
December 31, 1991, if all other eligibility criteria are met.
After December 31, 1991, these families are eligible for a grant
in the amount of one-half the grant they would otherwise
receive, for as long as they remain eligible under other
eligibility criteria.
Sec. 7. Minnesota Statutes 2002, section 252.32,
subdivision 3, is amended to read:
Subd. 3. [AMOUNT OF SUPPORT GRANT; USE.] Support grant
amounts shall be determined by the county social service
agency. Each service Services and item items purchased with a
support grant must:
(1) be over and above the normal costs of caring for the
dependent if the dependent did not have a disability;
(2) be directly attributable to the dependent's disabling
condition; and
(3) enable the family to delay or prevent the out-of-home
placement of the dependent.
The design and delivery of services and items purchased
under this section must suit the dependent's chronological age
and be provided in the least restrictive environment possible,
consistent with the needs identified in the individual service
plan.
Items and services purchased with support grants must be
those for which there are no other public or private funds
available to the family. Fees assessed to parents for health or
human services that are funded by federal, state, or county
dollars are not reimbursable through this program.
In approving or denying applications, the county shall
consider the following factors:
(1) the extent and areas of the functional limitations of
the disabled child;
(2) the degree of need in the home environment for
additional support; and
(3) the potential effectiveness of the grant to maintain
and support the person in the family environment.
The maximum monthly grant amount shall be $250 per eligible
dependent, or $3,000 per eligible dependent per state fiscal
year, within the limits of available funds. The county social
service agency may consider the dependent's supplemental
security income in determining the amount of the support grant.
The county social service agency may exceed $3,000 per state
fiscal year per eligible dependent for emergency circumstances
in cases where exceptional resources of the family are required
to meet the health, welfare-safety needs of the child.
County social service agencies shall continue to provide
funds to families receiving state grants on June 30, 1997, if
eligibility criteria continue to be met. Any adjustments to
their monthly grant amount must be based on the needs of the
family and funding availability.
Sec. 8. Minnesota Statutes 2002, section 252.32,
subdivision 3c, is amended to read:
Subd. 3c. [COUNTY BOARD RESPONSIBILITIES.] County boards
receiving funds under this section shall:
(1) determine the needs of families for services in
accordance with section 256B.092 or 256E.08 and any rules
adopted under those sections; submit a plan to the department
for the management of the family support grant program. The
plan must include the projected number of families the county
will serve and policies and procedures for:
(i) identifying potential families for the program;
(ii) grant distribution;
(iii) waiting list procedures; and
(iv) prioritization of families to receive grants;
(2) determine the eligibility of all persons proposed for
program participation;
(3) approve a plan for items and services to be reimbursed
and inform families of the county's approval decision;
(4) issue support grants directly to, or on behalf of,
eligible families;
(5) inform recipients of their right to appeal under
subdivision 3e;
(6) submit quarterly financial reports under subdivision 3b
and indicate on the screening documents the annual grant level
for each family, the families denied grants, and the families
eligible but waiting for funding; and
(7) coordinate services with other programs offered by the
county.
Sec. 9. Minnesota Statutes 2002, section 252.41,
subdivision 3, is amended to read:
Subd. 3. [DAY TRAINING AND HABILITATION SERVICES FOR
ADULTS WITH MENTAL RETARDATION, RELATED CONDITIONS.] "Day
training and habilitation services for adults with mental
retardation and related conditions" means services that:
(1) include supervision, training, assistance, and
supported employment, work-related activities, or other
community-integrated activities designed and implemented in
accordance with the individual service and individual
habilitation plans required under Minnesota Rules, parts
9525.0015 to 9525.0165, to help an adult reach and maintain the
highest possible level of independence, productivity, and
integration into the community; and
(2) are provided under contract with the county where the
services are delivered by a vendor licensed under sections
245A.01 to 245A.16 and 252.28, subdivision 2, to provide day
training and habilitation services; and
(3) are regularly provided to one or more adults with
mental retardation or related conditions in a place other than
the adult's own home or residence unless medically
contraindicated.
Day training and habilitation services reimbursable under
this section do not include special education and related
services as defined in the Education of the Handicapped Act,
United States Code, title 20, chapter 33, section 1401, clauses
(6) and (17), or vocational services funded under section 110 of
the Rehabilitation Act of 1973, United States Code, title 29,
section 720, as amended.
Sec. 10. Minnesota Statutes 2002, section 252.46,
subdivision 1, is amended to read:
Subdivision 1. [RATES.] (a) Payment rates to vendors,
except regional centers, for county-funded day training and
habilitation services and transportation provided to persons
receiving day training and habilitation services established by
a county board are governed by subdivisions 2 to 19. The
commissioner shall approve the following three payment rates for
services provided by a vendor:
(1) a full-day service rate for persons who receive at
least six service hours a day, including the time it takes to
transport the person to and from the service site;
(2) a partial-day service rate that must not exceed 75
percent of the full-day service rate for persons who receive
less than a full day of service; and
(3) a transportation rate for providing, or arranging and
paying for, transportation of a person to and from the person's
residence to the service site.
(b) The commissioner may also approve an hourly job-coach,
follow-along rate for services provided by one employee at or en
route to or from community locations to supervise, support, and
assist one person receiving the vendor's services to learn
job-related skills necessary to obtain or retain employment when
and where no other persons receiving services are present and
when all the following criteria are met:
(1) the vendor requests and the county recommends the
optional rate;
(2) the service is prior authorized by the county on the
Medicaid Management Information System for no more than 414
hours in a 12-month period and the daily per person charge to
medical assistance does not exceed the vendor's approved full
day plus transportation rates;
(3) separate full day, partial day, and transportation
rates are not billed for the same person on the same day;
(4) the approved hourly rate does not exceed the sum of the
vendor's current average hourly direct service wage, including
fringe benefits and taxes, plus a component equal to the
vendor's average hourly nondirect service wage expenses; and
(5) the actual revenue received for provision of hourly
job-coach, follow-along services is subtracted from the vendor's
total expenses for the same time period and those adjusted
expenses are used for determining recommended full day and
transportation payment rates under subdivision 5 in accordance
with the limitations in subdivision 3.
(b) Notwithstanding any law or rule to the contrary, the
commissioner may authorize county participation in a voluntary
individualized payment rate structure for day training and
habilitation services to allow a county the flexibility to
change, after consulting with providers, from a site-based
payment rate structure to an individual payment rate structure
for the providers of day training and habilitation services in
the county. The commissioner shall seek input from providers
and consumers in establishing procedures for determining the
structure of voluntary individualized payment rates to ensure
that there is no additional cost to the state or counties and
that the rate structure is cost-neutral to providers of day
training and habilitation services, on July 1, 2004, or on day
one of the individual rate structure, whichever is later.
(c) Medical assistance rates for home and community-based
service provided under section 256B.501, subdivision 4, by
licensed vendors of day training and habilitation services must
not be greater than the rates for the same services established
by counties under sections 252.40 to 252.46. For very dependent
persons with special needs the commissioner may approve an
exception to the approved payment rate under section 256B.501,
subdivision 4 or 8.
Sec. 11. Minnesota Statutes 2002, section 256.476,
subdivision 1, is amended to read:
Subdivision 1. [PURPOSE AND GOALS.] The commissioner of
human services shall establish a consumer support grant program
for individuals with functional limitations and their families
who wish to purchase and secure their own supports. The
commissioner and local agencies shall jointly develop an
implementation plan which must include a way to resolve the
issues related to county liability. The program shall:
(1) make support grants or exception grants described in
subdivision 11 available to individuals or families as an
effective alternative to existing programs and services, such as
the developmental disability family support program, personal
care attendant services, home health aide services, and private
duty nursing services;
(2) provide consumers more control, flexibility, and
responsibility over their services and supports;
(3) promote local program management and decision making;
and
(4) encourage the use of informal and typical community
supports.
[EFFECTIVE DATE.] This section is effective January 1, 2004.
Sec. 12. Minnesota Statutes 2002, section 256.476,
subdivision 3, is amended to read:
Subd. 3. [ELIGIBILITY TO APPLY FOR GRANTS.] (a) A person
is eligible to apply for a consumer support grant if the person
meets all of the following criteria:
(1) the person is eligible for and has been approved to
receive services under medical assistance as determined under
sections 256B.055 and 256B.056 or the person has been approved
to receive a grant under the developmental disability family
support program under section 252.32;
(2) the person is able to direct and purchase the person's
own care and supports, or the person has a family member, legal
representative, or other authorized representative who can
purchase and arrange supports on the person's behalf;
(3) the person has functional limitations, requires ongoing
supports to live in the community, and is at risk of or would
continue institutionalization without such supports; and
(4) the person will live in a home. For the purpose of
this section, "home" means the person's own home or home of a
person's family member. These homes are natural home settings
and are not licensed by the department of health or human
services.
(b) Persons may not concurrently receive a consumer support
grant if they are:
(1) receiving home and community-based services under
United States Code, title 42, section 1396h(c); personal care
attendant and home health aide services, or private duty nursing
under section 256B.0625; a developmental disability family
support grant; or alternative care services under section
256B.0913; or
(2) residing in an institutional or congregate care setting.
(c) A person or person's family receiving a consumer
support grant shall not be charged a fee or premium by a local
agency for participating in the program.
(d) The commissioner may limit the participation of
recipients of services from federal waiver programs in the
consumer support grant program if the participation of these
individuals will result in an increase in the cost to the
state. Individuals receiving home and community-based waivers
under United States Code, title 42, section 1396h(c), are not
eligible for the consumer support grant, except for individuals
receiving consumer support grants before July 1, 2003, as long
as other eligibility criteria are met.
(e) The commissioner shall establish a budgeted
appropriation each fiscal year for the consumer support grant
program. The number of individuals participating in the program
will be adjusted so the total amount allocated to counties does
not exceed the amount of the budgeted appropriation. The
budgeted appropriation will be adjusted annually to accommodate
changes in demand for the consumer support grants.
Sec. 13. Minnesota Statutes 2002, section 256.476,
subdivision 4, is amended to read:
Subd. 4. [SUPPORT GRANTS; CRITERIA AND LIMITATIONS.] (a) A
county board may choose to participate in the consumer support
grant program. If a county has not chosen to participate by
July 1, 2002, the commissioner shall contract with another
county or other entity to provide access to residents of the
nonparticipating county who choose the consumer support grant
option. The commissioner shall notify the county board in a
county that has declined to participate of the commissioner's
intent to enter into a contract with another county or other
entity at least 30 days in advance of entering into the
contract. The local agency shall establish written procedures
and criteria to determine the amount and use of support grants.
These procedures must include, at least, the availability of
respite care, assistance with daily living, and adaptive aids.
The local agency may establish monthly or annual maximum amounts
for grants and procedures where exceptional resources may be
required to meet the health and safety needs of the person on a
time-limited basis, however, the total amount awarded to each
individual may not exceed the limits established in subdivision
11.
(b) Support grants to a person or a person's family will be
provided through a monthly subsidy payment and be in the form of
cash, voucher, or direct county payment to vendor. Support
grant amounts must be determined by the local agency. Each
service and item purchased with a support grant must meet all of
the following criteria:
(1) it must be over and above the normal cost of caring for
the person if the person did not have functional limitations;
(2) it must be directly attributable to the person's
functional limitations;
(3) it must enable the person or the person's family to
delay or prevent out-of-home placement of the person; and
(4) it must be consistent with the needs identified in the
service plan agreement, when applicable.
(c) Items and services purchased with support grants must
be those for which there are no other public or private funds
available to the person or the person's family. Fees assessed
to the person or the person's family for health and human
services are not reimbursable through the grant.
(d) In approving or denying applications, the local agency
shall consider the following factors:
(1) the extent and areas of the person's functional
limitations;
(2) the degree of need in the home environment for
additional support; and
(3) the potential effectiveness of the grant to maintain
and support the person in the family environment or the person's
own home.
(e) At the time of application to the program or screening
for other services, the person or the person's family shall be
provided sufficient information to ensure an informed choice of
alternatives by the person, the person's legal representative,
if any, or the person's family. The application shall be made
to the local agency and shall specify the needs of the person
and family, the form and amount of grant requested, the items
and services to be reimbursed, and evidence of eligibility for
medical assistance.
(f) Upon approval of an application by the local agency and
agreement on a support plan for the person or person's family,
the local agency shall make grants to the person or the person's
family. The grant shall be in an amount for the direct costs of
the services or supports outlined in the service agreement.
(g) Reimbursable costs shall not include costs for
resources already available, such as special education classes,
day training and habilitation, case management, other services
to which the person is entitled, medical costs covered by
insurance or other health programs, or other resources usually
available at no cost to the person or the person's family.
(h) The state of Minnesota, the county boards participating
in the consumer support grant program, or the agencies acting on
behalf of the county boards in the implementation and
administration of the consumer support grant program shall not
be liable for damages, injuries, or liabilities sustained
through the purchase of support by the individual, the
individual's family, or the authorized representative under this
section with funds received through the consumer support grant
program. Liabilities include but are not limited to: workers'
compensation liability, the Federal Insurance Contributions Act
(FICA), or the Federal Unemployment Tax Act (FUTA). For
purposes of this section, participating county boards and
agencies acting on behalf of county boards are exempt from the
provisions of section 268.04.
Sec. 14. Minnesota Statutes 2002, section 256.476,
subdivision 5, is amended to read:
Subd. 5. [REIMBURSEMENT, ALLOCATIONS, AND REPORTING.] (a)
For the purpose of transferring persons to the consumer support
grant program from specific programs or services, such as the
developmental disability family support program and personal
care assistant services, home health aide services, or private
duty nursing services, the amount of funds transferred by the
commissioner between the developmental disability family support
program account, the medical assistance account, or the consumer
support grant account shall be based on each county's
participation in transferring persons to the consumer support
grant program from those programs and services.
(b) At the beginning of each fiscal year, county
allocations for consumer support grants shall be based on:
(1) the number of persons to whom the county board expects
to provide consumer supports grants;
(2) their eligibility for current program and services;
(3) the amount of nonfederal dollars allowed under
subdivision 11; and
(4) projected dates when persons will start receiving
grants. County allocations shall be adjusted periodically by
the commissioner based on the actual transfer of persons or
service openings, and the nonfederal dollars associated with
those persons or service openings, to the consumer support grant
program.
(c) The amount of funds transferred by the commissioner
from the medical assistance account for an individual may be
changed if it is determined by the county or its agent that the
individual's need for support has changed.
(d) The authority to utilize funds transferred to the
consumer support grant account for the purposes of implementing
and administering the consumer support grant program will not be
limited or constrained by the spending authority provided to the
program of origination.
(e) The commissioner may use up to five percent of each
county's allocation, as adjusted, for payments for
administrative expenses, to be paid as a proportionate addition
to reported direct service expenditures.
(f) The county allocation for each individual or
individual's family cannot exceed the amount allowed under
subdivision 11.
(g) The commissioner may recover, suspend, or withhold
payments if the county board, local agency, or grantee does not
comply with the requirements of this section.
(h) Grant funds unexpended by consumers shall return to the
state once a year. The annual return of unexpended grant funds
shall occur in the quarter following the end of the state fiscal
year.
Sec. 15. Minnesota Statutes 2002, section 256.476,
subdivision 11, is amended to read:
Subd. 11. [CONSUMER SUPPORT GRANT PROGRAM AFTER JULY 1,
2001.] (a) Effective July 1, 2001, the commissioner shall
allocate consumer support grant resources to serve additional
individuals based on a review of Medicaid authorization and
payment information of persons eligible for a consumer support
grant from the most recent fiscal year. The commissioner shall
use the following methodology to calculate maximum allowable
monthly consumer support grant levels:
(1) For individuals whose program of origination is medical
assistance home care under section 256B.0627, the maximum
allowable monthly grant levels are calculated by:
(i) determining the nonfederal share of the average service
authorization for each home care rating;
(ii) calculating the overall ratio of actual payments to
service authorizations by program;
(iii) applying the overall ratio to the average service
authorization level of each home care rating;
(iv) adjusting the result for any authorized rate increases
provided by the legislature; and
(v) adjusting the result for the average monthly
utilization per recipient; and.
(2) for persons with programs of origination other than the
program described in clause (1), the maximum grant level for an
individual shall not exceed the total of the nonfederal dollars
expended on the individual by the program of origination The
commissioner may review and evaluate the methodology to reflect
changes in the home care programs overall ratio of actual
payments to service authorizations.
(b) Effective January 1, 2004, persons previously receiving
consumer support exception grants prior to July 1, 2001, may
continue to receive the grant amount established prior to July
1, 2001 will have their grants calculated using the methodology
in paragraph (a), clause (1). If a person currently receiving
an exception grant wishes to have their home care rating
reevaluated, they may request an assessment as defined in
section 256B.0627, subdivision 1, paragraph (b).
(c) The commissioner may provide up to 200 exception
grants, including grants in use under paragraph (b). Eligible
persons shall be provided an exception grant in priority order
based upon the date of the commissioner's receipt of the county
request. The maximum allowable grant level for an exception
grant shall be based upon the nonfederal share of the average
service authorization from the most recent fiscal year for each
home care rating category. The amount of each exception grant
shall be based upon the commissioner's determination of the
nonfederal dollars that would have been expended if services had
been available for an individual who is unable to obtain the
support needed from the program of origination due to the
unavailability of qualified service providers at the time or the
location where the supports are needed.
Sec. 16. Minnesota Statutes 2002, section 256.482,
subdivision 8, is amended to read:
Subd. 8. [SUNSET.] Notwithstanding section 15.059,
subdivision 5, the council on disability shall not sunset until
June 30, 2003 2007.
[EFFECTIVE DATE.] This section is effective May 30, 2003.
Sec. 17. Minnesota Statutes 2002, section 256B.0621,
subdivision 4, is amended to read:
Subd. 4. [RELOCATION TARGETED CASE MANAGEMENT PROVIDER
QUALIFICATIONS.] The following qualifications and certification
standards must be met by providers of relocation targeted case
management:
(a) The commissioner must certify each provider of
relocation targeted case management before enrollment. The
certification process shall examine the provider's ability to
meet the requirements in this subdivision and other federal and
state requirements of this service. A certified relocation
targeted case management provider may subcontract with another
provider to deliver relocation targeted case management
services. Subcontracted providers must demonstrate the ability
to provide the services outlined in subdivision 6.
(b) (a) A relocation targeted case management provider is
an enrolled medical assistance provider who is determined by the
commissioner to have all of the following characteristics:
(1) the legal authority to provide public welfare under
sections 393.01, subdivision 7; and 393.07; or a federally
recognized Indian tribe;
(2) the demonstrated capacity and experience to provide the
components of case management to coordinate and link community
resources needed by the eligible population;
(3) the administrative capacity and experience to serve the
target population for whom it will provide services and ensure
quality of services under state and federal requirements;
(4) the legal authority to provide complete investigative
and protective services under section 626.556, subdivision 10;
and child welfare and foster care services under section 393.07,
subdivisions 1 and 2; or a federally recognized Indian tribe;
(5) a financial management system that provides accurate
documentation of services and costs under state and federal
requirements; and
(6) the capacity to document and maintain individual case
records under state and federal requirements.
(b) A provider of targeted case management under section
256B.0625, subdivision 20, may be deemed a certified provider of
relocation targeted case management.
(c) A relocation targeted case management provider may
subcontract with another provider to deliver relocation targeted
case management services. Subcontracted providers must
demonstrate the ability to provide the services outlined in
subdivision 6, and have a procedure in place that notifies the
recipient and the recipient's legal representative of any
conflict of interest if the contracted targeted case management
provider also provides, or will provide, the recipient's
services and supports. Contracted providers must provide
information on all conflicts of interest and obtain the
recipient's informed consent or provide the recipient with
alternatives.
Sec. 18. Minnesota Statutes 2002, section 256B.0621,
subdivision 7, is amended to read:
Subd. 7. [TIME LINES.] The following time lines must be
met for assigning a case manager:
(1) (a) For relocation targeted case management, an
eligible recipient must be assigned a case manager who visits
the person within 20 working days of requesting a case manager
from their county of financial responsibility as determined
under chapter 256G.
(1) If a county agency, its contractor, or federally
recognized tribe does not provide case management services as
required, the recipient may, after written notice to the county
agency, obtain targeted relocation case management services from
a home care targeted case management provider, as defined in
subdivision 5; and an alternative provider of targeted case
management services enrolled by the commissioner.
(2) The commissioner may waive the provider requirements in
subdivision 4, paragraph (a), clauses (1) and (4), to ensure
recipient access to the assistance necessary to move from an
institution to the community. The recipient or the recipient's
legal guardian shall provide written notice to the county or
tribe of the decision to obtain services from an alternative
provider.
(3) Providers of relocation targeted case management
enrolled under this subdivision shall:
(i) meet the provider requirements under subdivision 4 that
are not waived by the commissioner;
(ii) be qualified to provide the services specified in
subdivision 6;
(iii) coordinate efforts with local social service agencies
and tribes; and
(iv) comply with the conflict of interest provisions
established under subdivision 4, paragraph (c).
(4) Local social service agencies and federally recognized
tribes shall cooperate with providers certified by the
commissioner under this subdivision to facilitate the
recipient's successful relocation from an institution to the
community.
(b) For home care targeted case management, an eligible
recipient must be assigned a case manager within 20 working days
of requesting a case manager from a home care targeted case
management provider, as defined in subdivision 5.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 19. [256B.0622] [INTENSIVE REHABILITATIVE MENTAL
HEALTH SERVICES.]
Subdivision 1. [SCOPE.] Subject to federal approval,
medical assistance covers medically necessary, intensive
nonresidential and residential rehabilitative mental health
services as defined in subdivision 2, for recipients as defined
in subdivision 3, when the services are provided by an entity
meeting the standards in this section.
Subd. 2. [DEFINITIONS.] For purposes of this section, the
following terms have the meanings given them.
(a) "Intensive nonresidential rehabilitative mental health
services" means adult rehabilitative mental health services as
defined in section 256B.0623, subdivision 2, paragraph (a),
except that these services are provided by a multidisciplinary
staff using a total team approach consistent with assertive
community treatment, the Fairweather Lodge treatment model, and
other evidence-based practices, and directed to recipients with
a serious mental illness who require intensive services.
(b) "Intensive residential rehabilitative mental health
services" means short-term, time-limited services provided in a
residential setting to recipients who are in need of more
restrictive settings and are at risk of significant functional
deterioration if they do not receive these services. Services
are designed to develop and enhance psychiatric stability,
personal and emotional adjustment, self-sufficiency, and skills
to live in a more independent setting. Services must be
directed toward a targeted discharge date with specified client
outcomes and must be consistent with evidence-based practices.
(c) "Evidence-based practices" are nationally recognized
mental health services that are proven by substantial research
to be effective in helping individuals with serious mental
illness obtain specific treatment goals.
(d) "Overnight staff" means a member of the intensive
residential rehabilitative mental health treatment team who is
responsible during hours when recipients are typically asleep.
(e) "Treatment team" means all staff who provide services
under this section to recipients. At a minimum, this includes
the clinical supervisor, mental health professionals, mental
health practitioners, and mental health rehabilitation workers.
Subd. 3. [ELIGIBILITY.] An eligible recipient is an
individual who:
(1) is age 18 or older;
(2) is eligible for medical assistance;
(3) is diagnosed with a mental illness;
(4) because of a mental illness, has substantial disability
and functional impairment in three or more of the areas listed
in section 245.462, subdivision 11a, so that self-sufficiency is
markedly reduced;
(5) has one or more of the following: a history of two or
more inpatient hospitalizations in the past year, significant
independent living instability, homelessness, or very frequent
use of mental health and related services yielding poor
outcomes; and
(6) in the written opinion of a licensed mental health
professional, has the need for mental health services that
cannot be met with other available community-based services, or
is likely to experience a mental health crisis or require a more
restrictive setting if intensive rehabilitative mental health
services are not provided.
Subd. 4. [PROVIDER CERTIFICATION AND CONTRACT
REQUIREMENTS.] (a) The intensive nonresidential rehabilitative
mental health services provider must:
(1) have a contract with the host county to provide
intensive adult rehabilitative mental health services; and
(2) be certified by the commissioner as being in compliance
with this section and section 256B.0623.
(b) The intensive residential rehabilitative mental health
services provider must:
(1) be licensed under Minnesota Rules, parts 9520.0500 to
9520.0670;
(2) not exceed 16 beds per site;
(3) comply with the additional standards in this section;
and
(4) have a contract with the host county to provide these
services.
(c) The commissioner shall develop procedures for counties
and providers to submit contracts and other documentation as
needed to allow the commissioner to determine whether the
standards in this section are met.
Subd. 5. [STANDARDS APPLICABLE TO BOTH NONRESIDENTIAL AND
RESIDENTIAL PROVIDERS.] (a) Services must be provided by
qualified staff as defined in section 256B.0623, subdivision 5,
who are trained and supervised according to section 256B.0623,
subdivision 6, except that mental health rehabilitation workers
acting as overnight staff are not required to comply with
section 256B.0623, subdivision 5, clause (3)(iv).
(b) The clinical supervisor must be an active member of the
treatment team. The treatment team must meet with the clinical
supervisor at least weekly to discuss recipients' progress and
make rapid adjustments to meet recipients' needs. The team
meeting shall include recipient-specific case reviews and
general treatment discussions among team members.
Recipient-specific case reviews and planning must be documented
in the individual recipient's treatment record.
(c) Treatment staff must have prompt access in person or by
telephone to a mental health practitioner or mental health
professional. The provider must have the capacity to promptly
and appropriately respond to emergent needs and make any
necessary staffing adjustments to assure the health and safety
of recipients.
(d) The initial functional assessment must be completed
within ten days of intake and updated at least every three
months or prior to discharge from the service, whichever comes
first.
(e) The initial individual treatment plan must be completed
within ten days of intake and reviewed and updated at least
monthly with the recipient.
Subd. 6. [ADDITIONAL STANDARDS APPLICABLE ONLY TO
INTENSIVE RESIDENTIAL REHABILITATIVE MENTAL HEALTH
SERVICES.] (a) The provider of intensive residential services
must have sufficient staff to provide 24 hour per day coverage
to deliver the rehabilitative services described in the
treatment plan and to safely supervise and direct the activities
of recipients given the recipient's level of behavioral and
psychiatric stability, cultural needs, and vulnerability. The
provider must have the capacity within the facility to provide
integrated services for chemical dependency, illness management
services, and family education when appropriate.
(b) At a minimum:
(1) staff must be available and provide direction and
supervision whenever recipients are present in the facility;
(2) staff must remain awake during all work hours;
(3) there must be a staffing ratio of at least one to nine
recipients for each day and evening shift. If more than nine
recipients are present at the residential site, there must be a
minimum of two staff during day and evening shifts, one of whom
must be a mental health practitioner or mental health
professional;
(4) if services are provided to recipients who need the
services of a medical professional, the provider shall assure
that these services are provided either by the provider's own
medical staff or through referral to a medical professional; and
(5) the provider must assure the timely availability of a
licensed registered nurse, either directly employed or under
contract, who is responsible for ensuring the effectiveness and
safety of medication administration in the facility and
assessing patients for medication side effects and drug
interactions.
Subd. 7. [ADDITIONAL STANDARDS FOR NONRESIDENTIAL
SERVICES.] The standards in this subdivision apply to intensive
nonresidential rehabilitative mental health services.
(1) The treatment team must use team treatment, not an
individual treatment model.
(2) The clinical supervisor must function as a practicing
clinician at least on a part-time basis.
(3) The staffing ratio must not exceed ten recipients to
one full-time equivalent treatment team position.
(4) Services must be available at times that meet client
needs.
(5) The treatment team must actively and assertively engage
and reach out to the recipient's family members and significant
others, after obtaining the recipient's permission.
(6) The treatment team must establish ongoing communication
and collaboration between the team, family, and significant
others and educate the family and significant others about
mental illness, symptom management, and the family's role in
treatment.
(7) The treatment team must provide interventions to
promote positive interpersonal relationships.
Subd. 8. [MEDICAL ASSISTANCE PAYMENT FOR INTENSIVE
REHABILITATIVE MENTAL HEALTH SERVICES.] (a) Payment for
residential and nonresidential services in this section shall be
based on one daily rate per provider inclusive of the following
services received by an eligible recipient in a given calendar
day: all rehabilitative services under this section and crisis
stabilization services under section 256B.0624.
(b) Except as indicated in paragraph (c), payment will not
be made to more than one entity for each recipient for services
provided under this section on a given day. If services under
this section are provided by a team that includes staff from
more than one entity, the team must determine how to distribute
the payment among the members.
(c) The host county shall recommend to the commissioner one
rate for each entity that will bill medical assistance for
residential services under this section and two rates for each
nonresidential provider. The first nonresidential rate is for
recipients who are not receiving residential services. The
second nonresidential rate is for recipients who are temporarily
receiving residential services and need continued contact with
the nonresidential team to assure timely discharge from
residential services. In developing these rates, the host
county shall consider and document:
(1) the cost for similar services in the local trade area;
(2) actual costs incurred by entities providing the
services;
(3) the intensity and frequency of services to be provided
to each recipient;
(4) the degree to which recipients will receive services
other than services under this section;
(5) the costs of other services, such as case management,
that will be separately reimbursed; and
(6) input from the local planning process authorized by the
adult mental health initiative under section 245.4661, regarding
recipients' service needs.
(d) The rate for intensive rehabilitative mental health
services must exclude room and board, as defined in section
256I.03, subdivision 6, and services not covered under this
section, such as case management, partial hospitalization, home
care, and inpatient services. Physician services that are not
separately billed may be included in the rate to the extent that
a psychiatrist is a member of the treatment team. The county's
recommendation shall specify the period for which the rate will
be applicable, not to exceed two years.
(e) When services under this section are provided by an
assertive community team, case management functions must be an
integral part of the team. The county must allocate costs which
are reimbursable under this section versus costs which are
reimbursable through case management or other reimbursement, so
that payment is not duplicated.
(f) The rate for a provider must not exceed the rate
charged by that provider for the same service to other payors.
(g) The commissioner shall approve or reject the county's
rate recommendation, based on the commissioner's own analysis of
the criteria in paragraph (c).
Subd. 9. [PROVIDER ENROLLMENT; RATE SETTING FOR
COUNTY-OPERATED ENTITIES.] Counties that employ their own staff
to provide services under this section shall apply directly to
the commissioner for enrollment and rate setting. In this case,
a county contract is not required and the commissioner shall
perform the program review and rate setting duties which would
otherwise be required of counties under this section.
Subd. 10. [PROVIDER ENROLLMENT; RATE SETTING FOR
SPECIALIZED PROGRAM.] A provider proposing to serve a
subpopulation of eligible recipients may bypass the county
approval procedures in this section and receive approval for
provider enrollment and rate setting directly from the
commissioner under the following circumstances:
(1) the provider demonstrates that the subpopulation to be
served requires a specialized program which is not available
from county-approved entities; and
(2) the subpopulation to be served is of such a low
incidence that it is not feasible to develop a program serving a
single county or regional group of counties.
For providers meeting the criteria in clauses (1) and (2),
the commissioner shall perform the program review and rate
setting duties which would otherwise be required of counties
under this section.
Sec. 20. Minnesota Statutes 2002, section 256B.0623,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] For purposes of this section, the
following terms have the meanings given them.
(a) "Adult rehabilitative mental health services" means
mental health services which are rehabilitative and enable the
recipient to develop and enhance psychiatric stability, social
competencies, personal and emotional adjustment, and independent
living and community skills, when these abilities are impaired
by the symptoms of mental illness. Adult rehabilitative mental
health services are also appropriate when provided to enable a
recipient to retain stability and functioning, if the recipient
would be at risk of significant functional decompensation or
more restrictive service settings without these services.
(1) Adult rehabilitative mental health services instruct,
assist, and support the recipient in areas such as:
interpersonal communication skills, community resource
utilization and integration skills, crisis assistance, relapse
prevention skills, health care directives, budgeting and
shopping skills, healthy lifestyle skills and practices, cooking
and nutrition skills, transportation skills, medication
education and monitoring, mental illness symptom management
skills, household management skills, employment-related skills,
and transition to community living services.
(2) These services shall be provided to the recipient on a
one-to-one basis in the recipient's home or another community
setting or in groups.
(b) "Medication education services" means services provided
individually or in groups which focus on educating the recipient
about mental illness and symptoms; the role and effects of
medications in treating symptoms of mental illness; and the side
effects of medications. Medication education is coordinated
with medication management services and does not duplicate it.
Medication education services are provided by physicians,
pharmacists, physician's assistants, or registered nurses.
(c) "Transition to community living services" means
services which maintain continuity of contact between the
rehabilitation services provider and the recipient and which
facilitate discharge from a hospital, residential treatment
program under Minnesota Rules, chapter 9505, board and lodging
facility, or nursing home. Transition to community living
services are not intended to provide other areas of adult
rehabilitative mental health services.
Sec. 21. Minnesota Statutes 2002, section 256B.0623,
subdivision 4, is amended to read:
Subd. 4. [PROVIDER ENTITY STANDARDS.] (a) The provider
entity must be:
(1) a county operated entity certified by the state; or
(2) a noncounty entity certified by the entity's host
county certified by the state following the certification
process and procedures developed by the commissioner.
(b) The certification process is a determination as to
whether the entity meets the standards in this subdivision. The
certification must specify which adult rehabilitative mental
health services the entity is qualified to provide.
(c) If an entity seeks to provide services outside its host
county, it A noncounty provider entity must obtain additional
certification from each county in which it will provide
services. The additional certification must be based on the
adequacy of the entity's knowledge of that county's local health
and human service system, and the ability of the entity to
coordinate its services with the other services available in
that county. A county-operated entity must obtain this
additional certification from any other county in which it will
provide services.
(d) Recertification must occur at least every two three
years.
(e) The commissioner may intervene at any time and
decertify providers with cause. The decertification is subject
to appeal to the state. A county board may recommend that the
state decertify a provider for cause.
(f) The adult rehabilitative mental health services
provider entity must meet the following standards:
(1) have capacity to recruit, hire, manage, and train
mental health professionals, mental health practitioners, and
mental health rehabilitation workers;
(2) have adequate administrative ability to ensure
availability of services;
(3) ensure adequate preservice and inservice and ongoing
training for staff;
(4) ensure that mental health professionals, mental health
practitioners, and mental health rehabilitation workers are
skilled in the delivery of the specific adult rehabilitative
mental health services provided to the individual eligible
recipient;
(5) ensure that staff is capable of implementing culturally
specific services that are culturally competent and appropriate
as determined by the recipient's culture, beliefs, values, and
language as identified in the individual treatment plan;
(6) ensure enough flexibility in service delivery to
respond to the changing and intermittent care needs of a
recipient as identified by the recipient and the individual
treatment plan;
(7) ensure that the mental health professional or mental
health practitioner, who is under the clinical supervision of a
mental health professional, involved in a recipient's services
participates in the development of the individual treatment
plan;
(8) assist the recipient in arranging needed crisis
assessment, intervention, and stabilization services;
(9) ensure that services are coordinated with other
recipient mental health services providers and the county mental
health authority and the federally recognized American Indian
authority and necessary others after obtaining the consent of
the recipient. Services must also be coordinated with the
recipient's case manager or care coordinator if the recipient is
receiving case management or care coordination services;
(10) develop and maintain recipient files, individual
treatment plans, and contact charting;
(11) develop and maintain staff training and personnel
files;
(12) submit information as required by the state;
(13) establish and maintain a quality assurance plan to
evaluate the outcome of services provided;
(14) keep all necessary records required by law;
(15) deliver services as required by section 245.461;
(16) comply with all applicable laws;
(17) be an enrolled Medicaid provider;
(18) maintain a quality assurance plan to determine
specific service outcomes and the recipient's satisfaction with
services; and
(19) develop and maintain written policies and procedures
regarding service provision and administration of the provider
entity.
(g) The commissioner shall develop statewide procedures for
provider certification, including timelines for counties to
certify qualified providers.
Sec. 22. Minnesota Statutes 2002, section 256B.0623,
subdivision 5, is amended to read:
Subd. 5. [QUALIFICATIONS OF PROVIDER STAFF.] Adult
rehabilitative mental health services must be provided by
qualified individual provider staff of a certified provider
entity. Individual provider staff must be qualified under one
of the following criteria:
(1) a mental health professional as defined in section
245.462, subdivision 18, clauses (1) to (5). If the recipient
has a current diagnostic assessment by a licensed mental health
professional as defined in section 245.462, subdivision 18,
clauses (1) to (5), recommending receipt of adult mental health
rehabilitative services, the definition of mental health
professional for purposes of this section includes a person who
is qualified under section 245.462, subdivision 18, clause (6),
and who holds a current and valid national certification as a
certified rehabilitation counselor or certified psychosocial
rehabilitation practitioner;
(2) a mental health practitioner as defined in section
245.462, subdivision 17. The mental health practitioner must
work under the clinical supervision of a mental health
professional; or
(3) a mental health rehabilitation worker. A mental health
rehabilitation worker means a staff person working under the
direction of a mental health practitioner or mental health
professional and under the clinical supervision of a mental
health professional in the implementation of rehabilitative
mental health services as identified in the recipient's
individual treatment plan who:
(i) is at least 21 years of age;
(ii) has a high school diploma or equivalent;
(iii) has successfully completed 30 hours of training
during the past two years in all of the following areas:
recipient rights, recipient-centered individual treatment
planning, behavioral terminology, mental illness, co-occurring
mental illness and substance abuse, psychotropic medications and
side effects, functional assessment, local community resources,
adult vulnerability, recipient confidentiality; and
(iv) meets the qualifications in subitem (A) or (B):
(A) has an associate of arts degree in one of the
behavioral sciences or human services, or is a registered nurse
without a bachelor's degree, or who within the previous ten
years has:
(1) three years of personal life experience with serious
and persistent mental illness;
(2) three years of life experience as a primary caregiver
to an adult with a serious mental illness or traumatic brain
injury; or
(3) 4,000 hours of supervised paid work experience in the
delivery of mental health services to adults with a serious
mental illness or traumatic brain injury; or
(B)(1) is fluent in the non-English language or competent
in the culture of the ethnic group to which at least 50 20
percent of the mental health rehabilitation worker's clients
belong;
(2) receives during the first 2,000 hours of work, monthly
documented individual clinical supervision by a mental health
professional;
(3) has 18 hours of documented field supervision by a
mental health professional or practitioner during the first 160
hours of contact work with recipients, and at least six hours of
field supervision quarterly during the following year;
(4) has review and cosignature of charting of recipient
contacts during field supervision by a mental health
professional or practitioner; and
(5) has 40 hours of additional continuing education on
mental health topics during the first year of employment.
Sec. 23. Minnesota Statutes 2002, section 256B.0623,
subdivision 6, is amended to read:
Subd. 6. [REQUIRED TRAINING AND SUPERVISION.] (a) Mental
health rehabilitation workers must receive ongoing continuing
education training of at least 30 hours every two years in areas
of mental illness and mental health services and other areas
specific to the population being served. Mental health
rehabilitation workers must also be subject to the ongoing
direction and clinical supervision standards in paragraphs (c)
and (d).
(b) Mental health practitioners must receive ongoing
continuing education training as required by their professional
license; or if the practitioner is not licensed, the
practitioner must receive ongoing continuing education training
of at least 30 hours every two years in areas of mental illness
and mental health services. Mental health practitioners must
meet the ongoing clinical supervision standards in paragraph (c).
(c) Clinical supervision may be provided by a full- or
part-time qualified professional employed by or under contract
with the provider entity. Clinical supervision may be provided
by interactive videoconferencing according to procedures
developed by the commissioner. A mental health professional
providing clinical supervision of staff delivering adult
rehabilitative mental health services must provide the following
guidance:
(1) review the information in the recipient's file;
(2) review and approve initial and updates of individual
treatment plans;
(3) meet with mental health rehabilitation workers and
practitioners, individually or in small groups, at least monthly
to discuss treatment topics of interest to the workers and
practitioners;
(4) meet with mental health rehabilitation workers and
practitioners, individually or in small groups, at least monthly
to discuss treatment plans of recipients, and approve by
signature and document in the recipient's file any resulting
plan updates;
(5) meet at least twice a month monthly with the directing
mental health practitioner, if there is one, to review needs of
the adult rehabilitative mental health services program, review
staff on-site observations and evaluate mental health
rehabilitation workers, plan staff training, review program
evaluation and development, and consult with the directing
practitioner; and
(6) be available for urgent consultation as the individual
recipient needs or the situation necessitates; and
(7) provide clinical supervision by full- or part-time
mental health professionals employed by or under contract with
the provider entity.
(d) An adult rehabilitative mental health services provider
entity must have a treatment director who is a mental health
practitioner or mental health professional. The treatment
director must ensure the following:
(1) while delivering direct services to recipients, a newly
hired mental health rehabilitation worker must be directly
observed delivering services to recipients by the a mental
health practitioner or mental health professional for at least
six hours per 40 hours worked during the first 160 hours that
the mental health rehabilitation worker works;
(2) the mental health rehabilitation worker must receive
ongoing on-site direct service observation by a mental health
professional or mental health practitioner for at least six
hours for every six months of employment;
(3) progress notes are reviewed from on-site service
observation prepared by the mental health rehabilitation worker
and mental health practitioner for accuracy and consistency with
actual recipient contact and the individual treatment plan and
goals;
(4) immediate availability by phone or in person for
consultation by a mental health professional or a mental health
practitioner to the mental health rehabilitation services worker
during service provision;
(5) oversee the identification of changes in individual
recipient treatment strategies, revise the plan, and communicate
treatment instructions and methodologies as appropriate to
ensure that treatment is implemented correctly;
(6) model service practices which: respect the recipient,
include the recipient in planning and implementation of the
individual treatment plan, recognize the recipient's strengths,
collaborate and coordinate with other involved parties and
providers;
(7) ensure that mental health practitioners and mental
health rehabilitation workers are able to effectively
communicate with the recipients, significant others, and
providers; and
(8) oversee the record of the results of on-site
observation and charting evaluation and corrective actions taken
to modify the work of the mental health practitioners and mental
health rehabilitation workers.
(e) A mental health practitioner who is providing treatment
direction for a provider entity must receive supervision at
least monthly from a mental health professional to:
(1) identify and plan for general needs of the recipient
population served;
(2) identify and plan to address provider entity program
needs and effectiveness;
(3) identify and plan provider entity staff training and
personnel needs and issues; and
(4) plan, implement, and evaluate provider entity quality
improvement programs.
Sec. 24. Minnesota Statutes 2002, section 256B.0623,
subdivision 8, is amended to read:
Subd. 8. [DIAGNOSTIC ASSESSMENT.] Providers of adult
rehabilitative mental health services must complete a diagnostic
assessment as defined in section 245.462, subdivision 9, within
five days after the recipient's second visit or within 30 days
after intake, whichever occurs first. In cases where a
diagnostic assessment is available that reflects the recipient's
current status, and has been completed within 180 days preceding
admission, an update must be completed. An update shall include
a written summary by a mental health professional of the
recipient's current mental health status and service needs. If
the recipient's mental health status has changed significantly
since the adult's most recent diagnostic assessment, a new
diagnostic assessment is required. For initial implementation
of adult rehabilitative mental health services, until June 30,
2005, a diagnostic assessment that reflects the recipient's
current status and has been completed within the past three
years preceding admission is acceptable.
Sec. 25. Minnesota Statutes 2002, section 256B.0625,
subdivision 19c, is amended to read:
Subd. 19c. [PERSONAL CARE.] Medical assistance covers
personal care assistant services provided by an individual who
is qualified to provide the services according to subdivision
19a and section 256B.0627, where the services are prescribed by
a physician in accordance with a plan of treatment and are
supervised by the recipient or a qualified professional.
"Qualified professional" means a mental health professional as
defined in section 245.462, subdivision 18, or 245.4871,
subdivision 27; or a registered nurse as defined in sections
148.171 to 148.285, or a licensed social worker as defined in
section 148B.21. As part of the assessment, the county public
health nurse will assist the recipient or responsible party to
identify the most appropriate person to provide supervision of
the personal care assistant. The qualified professional shall
perform the duties described in Minnesota Rules, part 9505.0335,
subpart 4.
Sec. 26. Minnesota Statutes 2002, section 256B.0627,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] (a) "Activities of daily
living" includes eating, toileting, grooming, dressing, bathing,
transferring, mobility, and positioning.
(b) "Assessment" means a review and evaluation of a
recipient's need for home care services conducted in person.
Assessments for private duty nursing shall be conducted by a
registered private duty nurse. Assessments for home health
agency services shall be conducted by a home health agency
nurse. Assessments for personal care assistant services shall
be conducted by the county public health nurse or a certified
public health nurse under contract with the county. A
face-to-face assessment must include: documentation of health
status, determination of need, evaluation of service
effectiveness, identification of appropriate services, service
plan development or modification, coordination of services,
referrals and follow-up to appropriate payers and community
resources, completion of required reports, recommendation of
service authorization, and consumer education. Once the need
for personal care assistant services is determined under this
section, the county public health nurse or certified public
health nurse under contract with the county is responsible for
communicating this recommendation to the commissioner and the
recipient. A face-to-face assessment for personal care
assistant services is conducted on those recipients who have
never had a county public health nurse assessment. A
face-to-face assessment must occur at least annually or when
there is a significant change in the recipient's condition or
when there is a change in the need for personal care assistant
services. A service update may substitute for the annual
face-to-face assessment when there is not a significant change
in recipient condition or a change in the need for personal care
assistant service. A service update or review for temporary
increase includes a review of initial baseline data, evaluation
of service effectiveness, redetermination of service need,
modification of service plan and appropriate referrals, update
of initial forms, obtaining service authorization, and on going
consumer education. Assessments for medical assistance home
care services for mental retardation or related conditions and
alternative care services for developmentally disabled home and
community-based waivered recipients may be conducted by the
county public health nurse to ensure coordination and avoid
duplication. Assessments must be completed on forms provided by
the commissioner within 30 days of a request for home care
services by a recipient or responsible party.
(c) "Care plan" means a written description of personal
care assistant services developed by the qualified professional
or the recipient's physician with the recipient or responsible
party to be used by the personal care assistant with a copy
provided to the recipient or responsible party.
(d) "Complex and regular private duty nursing care" means:
(1) complex care is private duty nursing provided to
recipients who are ventilator dependent or for whom a physician
has certified that were it not for private duty nursing the
recipient would meet the criteria for inpatient hospital
intensive care unit (ICU) level of care; and
(2) regular care is private duty nursing provided to all
other recipients.
(e) "Health-related functions" means functions that can be
delegated or assigned by a licensed health care professional
under state law to be performed by a personal care attendant.
(f) "Home care services" means a health service, determined
by the commissioner as medically necessary, that is ordered by a
physician and documented in a service plan that is reviewed by
the physician at least once every 60 days for the provision of
home health services, or private duty nursing, or at least once
every 365 days for personal care. Home care services are
provided to the recipient at the recipient's residence that is a
place other than a hospital or long-term care facility or as
specified in section 256B.0625.
(g) "Instrumental activities of daily living" includes meal
planning and preparation, managing finances, shopping for food,
clothing, and other essential items, performing essential
household chores, communication by telephone and other media,
and getting around and participating in the community.
(h) "Medically necessary" has the meaning given in
Minnesota Rules, parts 9505.0170 to 9505.0475.
(i) "Personal care assistant" means a person who:
(1) is at least 18 years old, except for persons 16 to 18
years of age who participated in a related school-based job
training program or have completed a certified home health aide
competency evaluation;
(2) is able to effectively communicate with the recipient
and personal care provider organization;
(3) effective July 1, 1996, has completed one of the
training requirements as specified in Minnesota Rules, part
9505.0335, subpart 3, items A to D;
(4) has the ability to, and provides covered personal care
assistant services according to the recipient's care plan,
responds appropriately to recipient needs, and reports changes
in the recipient's condition to the supervising qualified
professional or physician;
(5) is not a consumer of personal care assistant services;
and
(6) is subject to criminal background checks and procedures
specified in section 245A.04.
(j) "Personal care provider organization" means an
organization enrolled to provide personal care assistant
services under the medical assistance program that complies with
the following: (1) owners who have a five percent interest or
more, and managerial officials are subject to a background study
as provided in section 245A.04. This applies to currently
enrolled personal care provider organizations and those agencies
seeking enrollment as a personal care provider organization. An
organization will be barred from enrollment if an owner or
managerial official of the organization has been convicted of a
crime specified in section 245A.04, or a comparable crime in
another jurisdiction, unless the owner or managerial official
meets the reconsideration criteria specified in section 245A.04;
(2) the organization must maintain a surety bond and liability
insurance throughout the duration of enrollment and provides
proof thereof. The insurer must notify the department of human
services of the cancellation or lapse of policy; and (3) the
organization must maintain documentation of services as
specified in Minnesota Rules, part 9505.2175, subpart 7, as well
as evidence of compliance with personal care assistant training
requirements.
(k) "Responsible party" means an individual residing with a
recipient of personal care assistant services who is capable of
providing the supportive care support necessary to assist the
recipient to live in the community, is at least 18 years
old, actively participates in planning and directing of personal
care assistant services, and is not a the personal care
assistant. The responsible party must be accessible to the
recipient and the personal care assistant when personal care
services are being provided and monitor the services at least
weekly according to the plan of care. The responsible party
must be identified at the time of assessment and listed on the
recipient's service agreement and care plan. Responsible
parties who are parents of minors or guardians of minors or
incapacitated persons may delegate the responsibility to another
adult during a temporary absence of at least 24 hours but not
more than six months. The person delegated as a responsible
party must be able to meet the definition of responsible party,
except that the delegated responsible party is required to
reside with the recipient only while serving as the responsible
party who is not the personal care assistant. The responsible
party must assure that the delegate performs the functions of
the responsible party, is identified at the time of the
assessment, and is listed on the service agreement and the care
plan. Foster care license holders may be designated the
responsible party for residents of the foster care home if case
management is provided as required in section 256B.0625,
subdivision 19a. For persons who, as of April 1, 1992, are
sharing personal care assistant services in order to obtain the
availability of 24-hour coverage, an employee of the personal
care provider organization may be designated as the responsible
party if case management is provided as required in section
256B.0625, subdivision 19a.
(l) "Service plan" means a written description of the
services needed based on the assessment developed by the nurse
who conducts the assessment together with the recipient or
responsible party. The service plan shall include a description
of the covered home care services, frequency and duration of
services, and expected outcomes and goals. The recipient and
the provider chosen by the recipient or responsible party must
be given a copy of the completed service plan within 30 calendar
days of the request for home care services by the recipient or
responsible party.
(m) "Skilled nurse visits" are provided in a recipient's
residence under a plan of care or service plan that specifies a
level of care which the nurse is qualified to provide. These
services are:
(1) nursing services according to the written plan of care
or service plan and accepted standards of medical and nursing
practice in accordance with chapter 148;
(2) services which due to the recipient's medical condition
may only be safely and effectively provided by a registered
nurse or a licensed practical nurse;
(3) assessments performed only by a registered nurse; and
(4) teaching and training the recipient, the recipient's
family, or other caregivers requiring the skills of a registered
nurse or licensed practical nurse.
(n) "Telehomecare" means the use of telecommunications
technology by a home health care professional to deliver home
health care services, within the professional's scope of
practice, to a patient located at a site other than the site
where the practitioner is located.
Sec. 27. Minnesota Statutes 2002, section 256B.0627,
subdivision 4, is amended to read:
Subd. 4. [PERSONAL CARE ASSISTANT SERVICES.] (a) The
personal care assistant services that are eligible for payment
are services and supports furnished to an individual, as needed,
to assist in accomplishing activities of daily living;
instrumental activities of daily living; health-related
functions through hands-on assistance, supervision, and cuing;
and redirection and intervention for behavior including
observation and monitoring.
(b) Payment for services will be made within the limits
approved using the prior authorized process established in
subdivision 5.
(c) The amount and type of services authorized shall be
based on an assessment of the recipient's needs in these areas:
(1) bowel and bladder care;
(2) skin care to maintain the health of the skin;
(3) repetitive maintenance range of motion, muscle
strengthening exercises, and other tasks specific to maintaining
a recipient's optimal level of function;
(4) respiratory assistance;
(5) transfers and ambulation;
(6) bathing, grooming, and hairwashing necessary for
personal hygiene;
(7) turning and positioning;
(8) assistance with furnishing medication that is
self-administered;
(9) application and maintenance of prosthetics and
orthotics;
(10) cleaning medical equipment;
(11) dressing or undressing;
(12) assistance with eating and meal preparation and
necessary grocery shopping;
(13) accompanying a recipient to obtain medical diagnosis
or treatment;
(14) assisting, monitoring, or prompting the recipient to
complete the services in clauses (1) to (13);
(15) redirection, monitoring, and observation that are
medically necessary and an integral part of completing the
personal care assistant services described in clauses (1) to
(14);
(16) redirection and intervention for behavior, including
observation and monitoring;
(17) interventions for seizure disorders, including
monitoring and observation if the recipient has had a seizure
that requires intervention within the past three months;
(18) tracheostomy suctioning using a clean procedure if the
procedure is properly delegated by a registered nurse. Before
this procedure can be delegated to a personal care assistant, a
registered nurse must determine that the tracheostomy suctioning
can be accomplished utilizing a clean rather than a sterile
procedure and must ensure that the personal care assistant has
been taught the proper procedure; and
(19) incidental household services that are an integral
part of a personal care service described in clauses (1) to (18).
For purposes of this subdivision, monitoring and observation
means watching for outward visible signs that are likely to
occur and for which there is a covered personal care service or
an appropriate personal care intervention. For purposes of this
subdivision, a clean procedure refers to a procedure that
reduces the numbers of microorganisms or prevents or reduces the
transmission of microorganisms from one person or place to
another. A clean procedure may be used beginning 14 days after
insertion.
(d) The personal care assistant services that are not
eligible for payment are the following:
(1) services not ordered by the physician;
(2) assessments by personal care assistant provider
organizations or by independently enrolled registered nurses;
(3) services that are not in the service plan;
(4) services provided by the recipient's spouse, legal
guardian for an adult or child recipient, or parent of a
recipient under age 18;
(5) services provided by a foster care provider of a
recipient who cannot direct the recipient's own care, unless
monitored by a county or state case manager under section
256B.0625, subdivision 19a;
(6) services provided by the residential or program license
holder in a residence for more than four persons;
(7) services that are the responsibility of a residential
or program license holder under the terms of a service agreement
and administrative rules;
(8) sterile procedures;
(9) injections of fluids into veins, muscles, or skin;
(10) services provided by parents of adult recipients,
adult children, or siblings of the recipient, unless these
relatives meet one of the following hardship criteria and the
commissioner waives this requirement:
(i) the relative resigns from a part-time or full-time job
to provide personal care for the recipient;
(ii) the relative goes from a full-time to a part-time job
with less compensation to provide personal care for the
recipient;
(iii) the relative takes a leave of absence without pay to
provide personal care for the recipient;
(iv) the relative incurs substantial expenses by providing
personal care for the recipient; or
(v) because of labor conditions, special language needs, or
intermittent hours of care needed, the relative is needed in
order to provide an adequate number of qualified personal care
assistants to meet the medical needs of the recipient;
(11) homemaker services that are not an integral part of a
personal care assistant services;
(12) (11) home maintenance, or chore services;
(13) (12) services not specified under paragraph (a); and
(14) (13) services not authorized by the commissioner or
the commissioner's designee.
(e) The recipient or responsible party may choose to
supervise the personal care assistant or to have a qualified
professional, as defined in section 256B.0625, subdivision 19c,
provide the supervision. As required under section 256B.0625,
subdivision 19c, the county public health nurse, as a part of
the assessment, will assist the recipient or responsible party
to identify the most appropriate person to provide supervision
of the personal care assistant. Health-related delegated tasks
performed by the personal care assistant will be under the
supervision of a qualified professional or the direction of the
recipient's physician. If the recipient has a qualified
professional, Minnesota Rules, part 9505.0335, subpart 4,
applies.
Sec. 28. Minnesota Statutes 2002, section 256B.0627,
subdivision 9, is amended to read:
Subd. 9. [FLEXIBLE USE OF PERSONAL CARE ASSISTANT HOURS.]
(a) The commissioner may allow for the flexible use of personal
care assistant hours. "Flexible use" means the scheduled use of
authorized hours of personal care assistant services, which vary
within the length of the service authorization in order to more
effectively meet the needs and schedule of the recipient.
Recipients may use their approved hours flexibly within the
service authorization period for medically necessary covered
services specified in the assessment required in subdivision 1.
The flexible use of authorized hours does not increase the total
amount of authorized hours available to a recipient as
determined under subdivision 5. The commissioner shall not
authorize additional personal care assistant services to
supplement a service authorization that is exhausted before the
end date under a flexible service use plan, unless the county
public health nurse determines a change in condition and a need
for increased services is established.
(b) The recipient or responsible party, together with the
county public health nurse, shall determine whether flexible use
is an appropriate option based on the needs and preferences of
the recipient or responsible party, and, if appropriate, must
ensure that the allocation of hours covers the ongoing needs of
the recipient over the entire service authorization period. As
part of the assessment and service planning process, the
recipient or responsible party must work with the county public
health nurse to develop a written month-to-month plan of the
projected use of personal care assistant services that is part
of the service plan and ensures that the:
(1) health and safety needs of the recipient will be met;
(2) total annual authorization will not exceed before the
end date; and
(3) how actual use of hours will be monitored.
(c) If the actual use of personal care assistant service
varies significantly from the use projected in the plan, the
written plan must be promptly updated by the recipient or
responsible party and the county public health nurse.
(d) The recipient or responsible party, together with the
provider, must work to monitor and document the use of
authorized hours and ensure that a recipient is able to manage
services effectively throughout the authorized period. The
provider must ensure that the month-to-month plan is
incorporated into the care plan. Upon request of the recipient
or responsible party, the provider must furnish regular updates
to the recipient or responsible party on the amount of personal
care assistant services used.
(e) The recipient or responsible party may revoke the
authorization for flexible use of hours by notifying the
provider and county public health nurse in writing.
(f) If the requirements in paragraphs (a) to (e) have not
substantially been met, the commissioner shall deny, revoke, or
suspend the authorization to use authorized hours flexibly. The
recipient or responsible party may appeal the commissioner's
action according to section 256.045. The denial, revocation, or
suspension to use the flexible hours option shall not affect the
recipient's authorized level of personal care assistant services
as determined under subdivision 5.
Sec. 29. Minnesota Statutes 2002, section 256B.0911,
subdivision 4d, is amended to read:
Subd. 4d. [PREADMISSION SCREENING OF INDIVIDUALS UNDER 65
YEARS OF AGE.] (a) It is the policy of the state of Minnesota to
ensure that individuals with disabilities or chronic illness are
served in the most integrated setting appropriate to their needs
and have the necessary information to make informed choices
about home and community-based service options.
(b) Individuals under 65 years of age who are admitted to a
nursing facility from a hospital must be screened prior to
admission as outlined in subdivisions 4a through 4c.
(c) Individuals under 65 years of age who are admitted to
nursing facilities with only a telephone screening must receive
a face-to-face assessment from the long-term care consultation
team member of the county in which the facility is located or
from the recipient's county case manager within 20 working 40
calendar days of admission.
(d) Individuals under 65 years of age who are admitted to a
nursing facility without preadmission screening according to the
exemption described in subdivision 4b, paragraph (a), clause
(3), and who remain in the facility longer than 30 days must
receive a face-to-face assessment within 40 days of admission.
(e) At the face-to-face assessment, the long-term care
consultation team member or county case manager must perform the
activities required under subdivision 3b.
(f) For individuals under 21 years of age, a screening
interview which recommends nursing facility admission must be
face-to-face and approved by the commissioner before the
individual is admitted to the nursing facility.
(g) In the event that an individual under 65 years of age
is admitted to a nursing facility on an emergency basis, the
county must be notified of the admission on the next working
day, and a face-to-face assessment as described in paragraph (c)
must be conducted within 20 working days 40 calendar days of
admission.
(h) At the face-to-face assessment, the long-term care
consultation team member or the case manager must present
information about home and community-based options so the
individual can make informed choices. If the individual chooses
home and community-based services, the long-term care
consultation team member or case manager must complete a written
relocation plan within 20 working days of the visit. The plan
shall describe the services needed to move out of the facility
and a time line for the move which is designed to ensure a
smooth transition to the individual's home and community.
(i) An individual under 65 years of age residing in a
nursing facility shall receive a face-to-face assessment at
least every 12 months to review the person's service choices and
available alternatives unless the individual indicates, in
writing, that annual visits are not desired. In this case, the
individual must receive a face-to-face assessment at least once
every 36 months for the same purposes.
(j) Notwithstanding the provisions of subdivision 6, the
commissioner may pay county agencies directly for face-to-face
assessments for individuals under 65 years of age who are being
considered for placement or residing in a nursing facility.
Sec. 30. Minnesota Statutes 2002, section 256B.0915, is
amended by adding a subdivision to read:
Subd. 9. [TRIBAL MANAGEMENT OF ELDERLY WAIVER.]
Notwithstanding contrary provisions of this section, or those in
other state laws or rules, the commissioner and White Earth
reservation may develop a model for tribal management of the
elderly waiver program and implement this model through a
contract between the state and White Earth reservation. The
model shall include the provision of tribal waiver case
management, assessment for personal care assistance, and
administrative requirements otherwise carried out by counties
but shall not include tribal financial eligibility determination
for medical assistance.
Sec. 31. Minnesota Statutes 2002, section 256B.092,
subdivision 1a, is amended to read:
Subd. 1a. [CASE MANAGEMENT ADMINISTRATION AND SERVICES.]
(a) The administrative functions of case management provided to
or arranged for a person include:
(1) intake review of eligibility for services;
(2) diagnosis screening;
(3) screening intake;
(4) service authorization diagnosis;
(5) review of eligibility for services the review and
authorization of services based upon an individualized service
plan; and
(6) responding to requests for conciliation conferences and
appeals according to section 256.045 made by the person, the
person's legal guardian or conservator, or the parent if the
person is a minor.
(b) Case management service activities provided to or
arranged for a person include:
(1) development of the individual service plan;
(2) informing the individual or the individual's legal
guardian or conservator, or parent if the person is a minor, of
service options;
(3) consulting with relevant medical experts or service
providers;
(3) (4) assisting the person in the identification of
potential providers;
(4) (5) assisting the person to access services;
(5) (6) coordination of services, if coordination is not
provided by another service provider;
(6) (7) evaluation and monitoring of the services
identified in the plan; and
(7) (8) annual reviews of service plans and services
provided.
(c) Case management administration and service activities
that are provided to the person with mental retardation or a
related condition shall be provided directly by county agencies
or under contract.
(d) Case managers are responsible for the administrative
duties and service provisions listed in paragraphs (a) and (b).
Case managers shall collaborate with consumers, families, legal
representatives, and relevant medical experts and service
providers in the development and annual review of the
individualized service and habilitation plans.
(e) The department of human services shall offer ongoing
education in case management to case managers. Case managers
shall receive no less than ten hours of case management
education and disability-related training each year.
Sec. 32. Minnesota Statutes 2002, section 256B.092,
subdivision 5, is amended to read:
Subd. 5. [FEDERAL WAIVERS.] (a) The commissioner shall
apply for any federal waivers necessary to secure, to the extent
allowed by law, federal financial participation under United
States Code, title 42, sections 1396 et seq., as amended, for
the provision of services to persons who, in the absence of the
services, would need the level of care provided in a regional
treatment center or a community intermediate care facility for
persons with mental retardation or related conditions. The
commissioner may seek amendments to the waivers or apply for
additional waivers under United States Code, title 42, sections
1396 et seq., as amended, to contain costs. The commissioner
shall ensure that payment for the cost of providing home and
community-based alternative services under the federal waiver
plan shall not exceed the cost of intermediate care services
including day training and habilitation services that would have
been provided without the waivered services.
(b) The commissioner, in administering home and
community-based waivers for persons with mental retardation and
related conditions, shall ensure that day services for eligible
persons are not provided by the person's residential service
provider, unless the person or the person's legal representative
is offered a choice of providers and agrees in writing to
provision of day services by the residential service provider.
The individual service plan for individuals who choose to have
their residential service provider provide their day services
must describe how health, safety, and protection, and
habilitation needs will be met by, including how frequent and
regular contact with persons other than the residential service
provider will occur. The individualized service plan must
address the provision of services during the day outside the
residence on weekdays.
(c) When a county is evaluating denials, reductions, or
terminations of home and community-based services under section
256B.0916 for an individual, the case manager shall offer to
meet with the individual or the individual's guardian in order
to discuss the prioritization of service needs within the
individualized service plan. The reduction in the authorized
services for an individual due to changes in funding for
waivered services may not exceed the amount needed to ensure
medically necessary services to meet the individual's health,
safety, and welfare.
Sec. 33. Minnesota Statutes 2002, section 256B.095, is
amended to read:
256B.095 [QUALITY ASSURANCE PROJECT SYSTEM ESTABLISHED.]
(a) Effective July 1, 1998, an alternative a quality
assurance licensing system project for persons with
developmental disabilities, which includes an alternative
quality assurance licensing system for programs for persons with
developmental disabilities, is established in Dodge, Fillmore,
Freeborn, Goodhue, Houston, Mower, Olmsted, Rice, Steele,
Wabasha, and Winona counties for the purpose of improving the
quality of services provided to persons with developmental
disabilities. A county, at its option, may choose to have all
programs for persons with developmental disabilities located
within the county licensed under chapter 245A using standards
determined under the alternative quality assurance licensing
system project or may continue regulation of these programs
under the licensing system operated by the commissioner. The
project expires on June 30, 2005 2007.
(b) Effective July 1, 2003, a county not listed in
paragraph (a) may apply to participate in the quality assurance
system established under paragraph (a). The commission
established under section 256B.0951 may, at its option, allow
additional counties to participate in the system.
(c) Effective July 1, 2003, any county or group of counties
not listed in paragraph (a) may establish a quality assurance
system under this section. A new system established under this
section shall have the same rights and duties as the system
established under paragraph (a). A new system shall be governed
by a commission under section 256B.0951. The commissioner shall
appoint the initial commission members based on recommendations
from advocates, families, service providers, and counties in the
geographic area included in the new system. Counties that
choose to participate in a new system shall have the duties
assigned under section 256B.0952. The new system shall
establish a quality assurance process under section 256B.0953.
The provisions of section 256B.0954 shall apply to a new system
established under this paragraph. The commissioner shall
delegate authority to a new system established under this
paragraph according to section 256B.0955.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 34. Minnesota Statutes 2002, section 256B.0951,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] The region 10 quality
assurance commission is established. The commission consists of
at least 14 but not more than 21 members as follows: at least
three but not more than five members representing advocacy
organizations; at least three but not more than five members
representing consumers, families, and their legal
representatives; at least three but not more than five members
representing service providers; at least three but not more than
five members representing counties; and the commissioner of
human services or the commissioner's designee. Initial
membership of the commission shall be recruited and approved by
the region 10 stakeholders group. Prior to approving the
commission's membership, the stakeholders group shall provide to
the commissioner a list of the membership in the stakeholders
group, as of February 1, 1997, a brief summary of meetings held
by the group since July 1, 1996, and copies of any materials
prepared by the group for public distribution. The first
commission shall establish membership guidelines for the
transition and recruitment of membership for the commission's
ongoing existence. Members of the commission who do not receive
a salary or wages from an employer for time spent on commission
duties may receive a per diem payment when performing commission
duties and functions. All members may be reimbursed for
expenses related to commission activities. Notwithstanding the
provisions of section 15.059, subdivision 5, the commission
expires on June 30, 2005 2007.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 35. Minnesota Statutes 2002, section 256B.0951,
subdivision 2, is amended to read:
Subd. 2. [AUTHORITY TO HIRE STAFF; CHARGE FEES; PROVIDE
TECHNICAL ASSISTANCE.] (a) The commission may hire staff to
perform the duties assigned in this section.
(b) The commission may charge fees for its services.
(c) The commission may provide technical assistance to
other counties, families, providers, and advocates interested in
participating in a quality assurance system under section
256B.095, paragraph (b) or (c).
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 36. Minnesota Statutes 2002, section 256B.0951,
subdivision 3, is amended to read:
Subd. 3. [COMMISSION DUTIES.] (a) By October 1, 1997, the
commission, in cooperation with the commissioners of human
services and health, shall do the following: (1) approve an
alternative quality assurance licensing system based on the
evaluation of outcomes; (2) approve measurable outcomes in the
areas of health and safety, consumer evaluation, education and
training, providers, and systems that shall be evaluated during
the alternative licensing process; and (3) establish variable
licensure periods not to exceed three years based on outcomes
achieved. For purposes of this subdivision, "outcome" means the
behavior, action, or status of a person that can be observed or
measured and can be reliably and validly determined.
(b) By January 15, 1998, the commission shall approve, in
cooperation with the commissioner of human services, a training
program for members of the quality assurance teams established
under section 256B.0952, subdivision 4.
(c) The commission and the commissioner shall establish an
ongoing review process for the alternative quality assurance
licensing system. The review shall take into account the
comprehensive nature of the alternative system, which is
designed to evaluate the broad spectrum of licensed and
unlicensed entities that provide services to clients, as
compared to the current licensing system.
(d) The commission shall contract with an independent
entity to conduct a financial review of the alternative quality
assurance project. The review shall take into account the
comprehensive nature of the alternative system, which is
designed to evaluate the broad spectrum of licensed and
unlicensed entities that provide services to clients, as
compared to the current licensing system. The review shall
include an evaluation of possible budgetary savings within the
department of human services as a result of implementation of
the alternative quality assurance project. If a federal waiver
is approved under subdivision 7, the financial review shall also
evaluate possible savings within the department of health. This
review must be completed by December 15, 2000.
(e) The commission shall submit a report to the legislature
by January 15, 2001, on the results of the review process for
the alternative quality assurance project, a summary of the
results of the independent financial review, and a
recommendation on whether the project should be extended beyond
June 30, 2001.
(f) The commissioner commission, in consultation with
the commission commissioner, shall examine the feasibility of
expanding work cooperatively with other populations to expand
the project system to other those populations or geographic
areas and identify barriers to expansion. The commissioner
shall report findings and recommendations to the legislature by
December 15, 2004.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 37. Minnesota Statutes 2002, section 256B.0951,
subdivision 5, is amended to read:
Subd. 5. [VARIANCE OF CERTAIN STANDARDS PROHIBITED.] The
safety standards, rights, or procedural protections under
sections 245.825; 245.91 to 245.97; 245A.04, subdivisions 3, 3a,
3b, and 3c; 245A.09, subdivision 2, paragraph (c), clauses (2)
and (5); 245A.12; 245A.13; 252.41, subdivision 9; 256B.092,
subdivisions 1b, clause (7), and 10; 626.556; 626.557, and
procedures for the monitoring of psychotropic medications shall
not be varied under the alternative licensing quality assurance
licensing system project. The commission may make
recommendations to the commissioners of human services and
health or to the legislature regarding alternatives to or
modifications of the rules and procedures referenced in this
subdivision.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 38. Minnesota Statutes 2002, section 256B.0951,
subdivision 7, is amended to read:
Subd. 7. [WAIVER OF RULES.] If a federal waiver is
approved under subdivision 8, the commissioner of health may
exempt residents of intermediate care facilities for persons
with mental retardation (ICFs/MR) who participate in the
alternative quality assurance project system established in
section 256B.095 from the requirements of Minnesota Rules,
chapter 4665.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 39. Minnesota Statutes 2002, section 256B.0951,
subdivision 9, is amended to read:
Subd. 9. [EVALUATION.] The commission, in consultation
with the commissioner of human services, shall conduct an
evaluation of the alternative quality assurance system, and
present a report to the commissioner by June 30, 2004.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 40. Minnesota Statutes 2002, section 256B.0952,
subdivision 1, is amended to read:
Subdivision 1. [NOTIFICATION.] For each year of the
project, region 10 Counties shall give notice to the commission
and commissioners of human services and health by March 15 of
intent to join the quality assurance alternative quality
assurance licensing system, effective July 1 of that year. A
county choosing to participate in the alternative quality
assurance licensing system commits to participate until June 30,
2005. Counties participating in the quality assurance
alternative licensing system as of January 1, 2001, shall notify
the commission and the commissioners of human services and
health by March 15, 2001, of intent to continue participation.
Counties that elect to continue participation must participate
in the alternative licensing system until June 30, 2005 for
three years.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 41. Minnesota Statutes 2002, section 256B.0953,
subdivision 2, is amended to read:
Subd. 2. [LICENSURE PERIODS.] (a) In order to be licensed
under the alternative quality assurance process licensing
system, a facility, program, or service must satisfy the health
and safety outcomes approved for the pilot project alternative
quality assurance licensing system.
(b) Licensure shall be approved for periods of one to three
years for a facility, program, or service that satisfies the
requirements of paragraph (a) and achieves the outcome
measurements in the categories of consumer evaluation, education
and training, providers, and systems.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 42. Minnesota Statutes 2002, section 256B.0955, is
amended to read:
256B.0955 [DUTIES OF THE COMMISSIONER OF HUMAN SERVICES.]
(a) Effective July 1, 1998, the commissioner of human
services shall delegate authority to perform licensing functions
and activities, in accordance with section 245A.16, to counties
participating in the alternative quality assurance licensing
system. The commissioner shall not license or reimburse a
facility, program, or service for persons with developmental
disabilities in a county that participates in the
alternative quality assurance licensing system if the
commissioner has received from the appropriate county
notification that the facility, program, or service has been
reviewed by a quality assurance team and has failed to qualify
for licensure.
(b) The commissioner may conduct random licensing
inspections based on outcomes adopted under section 256B.0951 at
facilities, programs, and services governed by the alternative
quality assurance licensing system. The role of such random
inspections shall be to verify that the alternative quality
assurance licensing system protects the safety and well-being of
consumers and maintains the availability of high-quality
services for persons with developmental disabilities.
(c) The commissioner shall provide technical assistance and
support or training to the alternative licensing system pilot
project.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 43. Minnesota Statutes 2002, section 256B.19,
subdivision 1, is amended to read:
Subdivision 1. [DIVISION OF COST.] The state and county
share of medical assistance costs not paid by federal funds
shall be as follows:
(1) beginning January 1, 1992, 50 percent state funds and
50 percent county funds for the cost of placement of severely
emotionally disturbed children in regional treatment centers;
and
(2) beginning January 1, 2003, 80 percent state funds and
20 percent county funds for the costs of nursing facility
placements of persons with disabilities under the age of 65 that
have exceeded 90 days. This clause shall be subject to chapter
256G and shall not apply to placements in facilities not
certified to participate in medical assistance.;
(3) beginning July 1, 2004, 80 percent state funds and 20
percent county funds for the costs of placements that have
exceeded 90 days in intermediate care facilities for persons
with mental retardation or a related condition that have seven
or more beds. This provision includes pass-through payments
made under section 256B.5015; and
(4) beginning July 1, 2004, when state funds are used to
pay for a nursing facility placement due to the facility's
status as an institution for mental diseases (IMD), the county
shall pay 20 percent of the nonfederal share of costs that have
exceeded 90 days. This clause is subject to chapter 256G.
For counties that participate in a Medicaid demonstration
project under sections 256B.69 and 256B.71, the division of the
nonfederal share of medical assistance expenses for payments
made to prepaid health plans or for payments made to health
maintenance organizations in the form of prepaid capitation
payments, this division of medical assistance expenses shall be
95 percent by the state and five percent by the county of
financial responsibility.
In counties where prepaid health plans are under contract
to the commissioner to provide services to medical assistance
recipients, the cost of court ordered treatment ordered without
consulting the prepaid health plan that does not include
diagnostic evaluation, recommendation, and referral for
treatment by the prepaid health plan is the responsibility of
the county of financial responsibility.
Sec. 44. Minnesota Statutes 2002, section 256B.47,
subdivision 2, is amended to read:
Subd. 2. [NOTICE TO RESIDENTS.] (a) No increase in nursing
facility rates for private paying residents shall be effective
unless the nursing facility notifies the resident or person
responsible for payment of the increase in writing 30 days
before the increase takes effect.
A nursing facility may adjust its rates without giving the
notice required by this subdivision when the purpose of the rate
adjustment is to reflect a necessary change in the level of care
provided to a case-mix classification of the resident. If the
state fails to set rates as required by section
256B.431, subdivision 1, the time required for giving notice is
decreased by the number of days by which the state was late in
setting the rates.
(b) If the state does not set rates by the date required in
section 256B.431, subdivision 1, nursing facilities shall meet
the requirement for advance notice by informing the resident or
person responsible for payments, on or before the effective date
of the increase, that a rate increase will be effective on that
date. If the exact amount has not yet been determined, the
nursing facility may raise the rates by the amount anticipated
to be allowed. Any amounts collected from private pay residents
in excess of the allowable rate must be repaid to private pay
residents with interest at the rate used by the commissioner of
revenue for the late payment of taxes and in effect on the date
the rate increase is effective.
Sec. 45. Minnesota Statutes 2002, section 256B.47,
subdivision 2, is amended to read:
Subd. 2. [NOTICE TO RESIDENTS.] (a) No increase in nursing
facility rates for private paying residents shall be effective
unless the nursing facility notifies the resident or person
responsible for payment of the increase in writing 30 days
before the increase takes effect.
A nursing facility may adjust its rates without giving the
notice required by this subdivision when the purpose of the rate
adjustment is to reflect a necessary change in the level of care
provided to a case-mix classification of the resident. If the
state fails to set rates as required by section
256B.431, subdivision 1, the time required for giving notice is
decreased by the number of days by which the state was late in
setting the rates.
(b) If the state does not set rates by the date required in
section 256B.431, subdivision 1, nursing facilities shall meet
the requirement for advance notice by informing the resident or
person responsible for payments, on or before the effective date
of the increase, that a rate increase will be effective on that
date. If the exact amount has not yet been determined, the
nursing facility may raise the rates by the amount anticipated
to be allowed. Any amounts collected from private pay residents
in excess of the allowable rate must be repaid to private pay
residents with interest at the rate used by the commissioner of
revenue for the late payment of taxes and in effect on the date
the rate increase is effective.
Sec. 46. Minnesota Statutes 2002, section 256B.49,
subdivision 15, is amended to read:
Subd. 15. [INDIVIDUALIZED SERVICE PLAN.] (a) Each
recipient of home and community-based waivered services shall be
provided a copy of the written service plan which:
(1) is developed and signed by the recipient within ten
working days of the completion of the assessment;
(2) meets the assessed needs of the recipient;
(3) reasonably ensures the health and safety of the
recipient;
(4) promotes independence;
(5) allows for services to be provided in the most
integrated settings; and
(6) provides for an informed choice, as defined in section
256B.77, subdivision 2, paragraph (p), of service and support
providers.
(b) When a county is evaluating denials, reductions, or
terminations of home and community-based services under section
256B.49 for an individual, the case manager shall offer to meet
with the individual or the individual's guardian in order to
discuss the prioritization of service needs within the
individualized service plan. The reduction in the authorized
services for an individual due to changes in funding for
waivered services may not exceed the amount needed to ensure
medically necessary services to meet the individual's health,
safety, and welfare.
Sec. 47. Minnesota Statutes 2002, section 256B.501,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the following terms have the meaning given them.
(a) "Commissioner" means the commissioner of human services.
(b) "Facility" means a facility licensed as a mental
retardation residential facility under section 252.28, licensed
as a supervised living facility under chapter 144, and certified
as an intermediate care facility for persons with mental
retardation or related conditions. The term does not include a
state regional treatment center.
(c) "Habilitation services" means health and social
services directed toward increasing and maintaining the
physical, intellectual, emotional, and social functioning of
persons with mental retardation or related conditions.
Habilitation services include therapeutic activities,
assistance, training, supervision, and monitoring in the areas
of self-care, sensory and motor development, interpersonal
skills, communication, socialization, reduction or elimination
of maladaptive behavior, community living and mobility, health
care, leisure and recreation, money management, and household
chores.
(d) "Services during the day" means services or supports
provided to a person that enables the person to be fully
integrated into the community. Services during the day must
include habilitation services, and may include a variety of
supports to enable the person to exercise choices for community
integration and inclusion activities. Services during the day
may include, but are not limited to: supported work, support
during community activities, community volunteer opportunities,
adult day care, recreational activities, and other
individualized integrated supports.
(e) "Waivered service" means home or community-based
service authorized under United States Code, title 42, section
1396n(c), as amended through December 31, 1987, and defined in
the Minnesota state plan for the provision of medical assistance
services. Waivered services include, at a minimum, case
management, family training and support, developmental training
homes, supervised living arrangements, semi-independent living
services, respite care, and training and habilitation services.
Sec. 48. Minnesota Statutes 2002, section 256B.501, is
amended by adding a subdivision to read:
Subd. 3m. [SERVICES DURING THE DAY.] When establishing a
rate for services during the day, the commissioner shall ensure
that these services comply with active treatment requirements
for persons residing in an ICF/MR as defined under federal
regulations and shall ensure that services during the day for
eligible persons are not provided by the person's residential
service provider, unless the person or the person's legal
representative is offered a choice of providers and agrees in
writing to provision of services during the day by the
residential service provider, consistent with the individual
service plan. The individual service plan for individuals who
choose to have their residential service provider provide their
services during the day must describe how health, safety,
protection, and habilitation needs will be met, including how
frequent and regular contact with persons other than the
residential service provider will occur. The individualized
service plan must address the provision of services during the
day outside the residence.
Sec. 49. Minnesota Statutes 2002, section 256B.5013, is
amended by adding a subdivision to read:
Subd. 7. [RATE ADJUSTMENTS FOR SHORT-TERM ADMISSIONS FOR
CRISIS OR SPECIALIZED MEDICAL CARE.] Beginning July 1, 2003, the
commissioner may designate up to 25 beds in ICF/MR facilities
statewide for short-term admissions due to crisis care needs or
care for medically fragile individuals. The commissioner shall
adjust the monthly facility rate to provide payment for
vacancies in designated short-term beds by an amount equal to
the rate for each recipient residing in a designated bed for up
to 15 days per bed per month. The commissioner may designate
short-term beds in ICF/MR facilities based on the short-term
care needs of a region or county as provided in section 252.28.
Nothing in this section shall be construed as limiting payments
for short-term admissions of eligible recipients to an ICF/MR
that is not designated for short-term admissions for crisis or
specialized medical care under this subdivision and does not
receive a temporary rate adjustment.
Sec. 50. Minnesota Statutes 2002, section 256B.5015, is
amended to read:
256B.5015 [PASS-THROUGH OF TRAINING AND HABILITATION OTHER
SERVICES COSTS.]
Subdivision 1. [DAY TRAINING AND HABILITATION SERVICES.]
Day training and habilitation services costs shall be paid as a
pass-through payment at the lowest rate paid for the comparable
services at that site under sections 252.40 to 252.46. The
pass-through payments for training and habilitation services
shall be paid separately by the commissioner and shall not be
included in the computation of the ICF/MR facility total payment
rate.
Subd. 2. [SERVICES DURING THE DAY.] Services during the
day, as defined in section 256B.501, but excluding day training
and habilitation services, shall be paid as a pass-through
payment no later than January 1, 2004. The commissioner shall
establish rates for these services, other than day training and
habilitation services, at levels that do not exceed 75 percent
of a recipient's day training and habilitation service costs
prior to the service change.
When establishing a rate for these services, the
commissioner shall also consider an individual recipient's needs
as identified in the individualized service plan and the
person's need for active treatment as defined under federal
regulations. The pass-through payments for services during the
day shall be paid separately by the commissioner and shall not
be included in the computation of the ICF/MR facility total
payment rate.
Sec. 51. Minnesota Statutes 2002, section 256B.82, is
amended to read:
256B.82 [PREPAID PLANS AND MENTAL HEALTH REHABILITATIVE
SERVICES.]
Medical assistance and MinnesotaCare prepaid health plans
may include coverage for adult mental health rehabilitative
services under section 256B.0623, intensive rehabilitative
services under section 256B.0622, and adult mental health crisis
response services under section 256B.0624, beginning January 1,
2004 2005.
By January 15, 2003 2004, the commissioner shall report to
the legislature how these services should be included in prepaid
plans. The commissioner shall consult with mental health
advocates, health plans, and counties in developing this
report. The report recommendations must include a plan to
ensure coordination of these services between health plans and
counties, assure recipient access to essential community
providers, and monitor the health plans' delivery of services
through utilization review and quality standards.
Sec. 52. [256I.08] [COUNTY SHARE FOR CERTAIN NURSING
FACILITY STAYS.]
Beginning July 1, 2004, if group residential housing is
used to pay for a nursing facility placement due to the
facility's status as an Institution for Mental Diseases, the
county is liable for 20 percent of the nonfederal share of costs
for persons under the age of 65 that have exceeded 90 days.
Sec. 53. [CASE MANAGEMENT ACCESS FOR PERSONS SEEKING
COMMUNITY-BASED SERVICES.]
When a person requests services authorized under Minnesota
Statutes, section 256B.0621, 256B.092, or 256B.49, subdivision
13, the county must determine whether the person qualifies,
begin the screening process, begin individualized service plan
development, and provide mandated case management services or
relocation service coordination to those eligible within a
reasonable time. If a county is unable to provide case
management services within the required time period under
Minnesota Statutes, sections 256B.0621, subdivision 7; 256B.49,
subdivision 13; and Minnesota Rules, parts 9525.0004 to
9525.0036, the county shall contract for case management
services to meet the obligation.
Sec. 54. [CASE MANAGEMENT SERVICES REDESIGN.]
The commissioner shall report to the legislature on the
redesign of case management services. In preparing the report,
the commissioner shall consult with representatives for
consumers, consumer advocates, counties, and service providers.
The report shall include draft legislation for case management
changes that will (1) streamline administration, (2) improve
consumer access to case management services, (3) address the use
of a comprehensive universal assessment protocol for persons
seeking community supports, (4) establish case management
performance measures, (5) provide for consumer choice of the
case management service vendor, and (6) provide a method of
payment for case management services that is cost-effective and
best supports the draft legislation in clauses (1) to (5). The
proposed legislation shall be provided to the legislative
committees with jurisdiction over health and human services
issues by January 15, 2005.
Sec. 55. [VACANCY LISTINGS.]
The commissioner of human services shall work with
interested stakeholders on how provider and industry specific
Web sites can provide useful information to consumers on bed
vacancies for group residential housing providers and
intermediate care facilities for persons with mental retardation
and related conditions. Providers and industry trade
organizations are responsible for all costs related to
maintaining Web sites listing bed vacancies.
Sec. 56. [HOMELESS SERVICES; STATE CONTRACTS.]
The commissioner of human services may contract directly
with nonprofit organizations providing homeless services in two
or more counties.
Sec. 57. [GOVERNOR'S COUNCIL ON DEVELOPMENTAL DISABILITY,
OMBUDSMAN FOR MENTAL HEALTH AND MENTAL RETARDATION, AND COUNCIL
ON DISABILITIES.]
The governor's council on developmental disability under
Minnesota Statutes, section 16B.053, the ombudsman for mental
health and mental retardation under Minnesota Statutes, section
245.92, the centers for independent living, and the council on
disability under Minnesota Statutes, section 256.482, must study
the feasibility of reducing costs and increasing effectiveness
through (1) space coordination, (2) shared use of technology,
(3) coordination of resource priorities, and (4) consolidation
and make recommendations to the house and senate committees with
jurisdiction over these entities by January 15, 2004.
Sec. 58. [LICENSING CHANGE.]
Notwithstanding Minnesota Statutes, sections 245A.11 and
252.291, the commissioner of human services shall allow an
existing intermediate care facility for persons with mental
retardation or related conditions located in Goodhue county
serving 39 children to be converted to four separately licensed
or certified cottages serving up to six children each.
Sec. 59. [REVISOR'S INSTRUCTION.]
For sections in Minnesota Statutes and Minnesota Rules
affected by the repealed sections in this article, the revisor
shall delete internal cross-references where appropriate and
make changes necessary to correct the punctuation, grammar, or
structure of the remaining text and preserve its meaning.
Sec. 60. [REPEALER.]
(a) Minnesota Statutes 2002, sections 252.32, subdivision
2; and 256B.5013, subdivision 4, are repealed July 1, 2003.
(b) Laws 2001, First Special Session chapter 9, article 13,
section 24, is repealed July 1, 2003.
ARTICLE 4
CHILDREN'S SERVICES
Section 1. Minnesota Statutes 2002, section 124D.23,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] (a) In order to qualify as
a family services collaborative, a minimum of one school
district, one county, one public health entity, one community
action agency as defined in section 119A.375, and one Head Start
grantee if the community action agency is not the designated
federal grantee for the Head Start program must agree in writing
to provide coordinated family services and commit resources to
an integrated fund. Collaboratives are expected to have broad
community representation, which may include other local
providers, including additional school districts, counties, and
public health entities, other municipalities, public libraries,
existing culturally specific community organizations, tribal
entities, local health organizations, private and nonprofit
service providers, child care providers, local foundations,
community-based service groups, businesses, local transit
authorities or other transportation providers, community action
agencies under section 119A.375, senior citizen volunteer
organizations, parent organizations, parents, and sectarian
organizations that provide nonsectarian services.
(b) Members of the governing bodies of political
subdivisions involved in the establishment of a family services
collaborative shall select representatives of the
nongovernmental entities listed in paragraph (a) to serve on the
governing board of a collaborative. The governing body members
of the political subdivisions shall select one or more
representatives of the nongovernmental entities within the
family service collaborative.
(c) Two or more family services collaboratives or
children's mental health collaboratives may consolidate
decision-making, pool resources, and collectively act on behalf
of the individual collaboratives, based on a written agreement
among the participating collaboratives.
Sec. 2. Minnesota Statutes 2002, section 245.4874, is
amended to read:
245.4874 [DUTIES OF COUNTY BOARD.]
The county board in each county shall use its share of
mental health and Community Social Services Act funds allocated
by the commissioner according to a biennial children's mental
health component of the community social services plan required
under section 245.4888, and approved by the commissioner. The
county board must:
(1) develop a system of affordable and locally available
children's mental health services according to sections 245.487
to 245.4888;
(2) establish a mechanism providing for interagency
coordination as specified in section 245.4875, subdivision 6;
(3) develop a biennial children's mental health component
of the community social services plan required under section
256E.09 which considers the assessment of unmet needs in the
county as reported by the local children's mental health
advisory council under section 245.4875, subdivision 5,
paragraph (b), clause (3). The county shall provide, upon
request of the local children's mental health advisory council,
readily available data to assist in the determination of unmet
needs;
(4) assure that parents and providers in the county receive
information about how to gain access to services provided
according to sections 245.487 to 245.4888;
(5) coordinate the delivery of children's mental health
services with services provided by social services, education,
corrections, health, and vocational agencies to improve the
availability of mental health services to children and the
cost-effectiveness of their delivery;
(6) assure that mental health services delivered according
to sections 245.487 to 245.4888 are delivered expeditiously and
are appropriate to the child's diagnostic assessment and
individual treatment plan;
(7) provide the community with information about predictors
and symptoms of emotional disturbances and how to access
children's mental health services according to sections 245.4877
and 245.4878;
(8) provide for case management services to each child with
severe emotional disturbance according to sections 245.486;
245.4871, subdivisions 3 and 4; and 245.4881, subdivisions 1, 3,
and 5;
(9) provide for screening of each child under section
245.4885 upon admission to a residential treatment facility,
acute care hospital inpatient treatment, or informal admission
to a regional treatment center;
(10) prudently administer grants and purchase-of-service
contracts that the county board determines are necessary to
fulfill its responsibilities under sections 245.487 to 245.4888;
(11) assure that mental health professionals, mental health
practitioners, and case managers employed by or under contract
to the county to provide mental health services are qualified
under section 245.4871;
(12) assure that children's mental health services are
coordinated with adult mental health services specified in
sections 245.461 to 245.486 so that a continuum of mental health
services is available to serve persons with mental illness,
regardless of the person's age; and
(13) assure that culturally informed mental health
consultants are used as necessary to assist the county board in
assessing and providing appropriate treatment for children of
cultural or racial minority heritage; and
(14) arrange for or provide a children's mental health
screening to a child receiving child protective services or a
child in out-of-home placement, a child for whom parental rights
have been terminated, a child found to be delinquent, and a
child found to have committed a juvenile petty offense for the
third or subsequent time, unless a screening has been performed
within the previous 180 days, or the child is currently under
the care of a mental health professional. The court or county
agency must notify a parent or guardian whose parental rights
have not been terminated of the potential mental health
screening and the option to prevent the screening by notifying
the court or county agency in writing. The screening shall be
conducted with a screening instrument approved by the
commissioner of human services according to criteria that are
updated and issued annually to ensure that approved screening
instruments are valid and useful for child welfare and juvenile
justice populations, and shall be conducted by a mental health
practitioner as defined in section 245.4871, subdivision 26, or
a probation officer or local social services agency staff person
who is trained in the use of the screening instrument. Training
in the use of the instrument shall include training in the
administration of the instrument, the interpretation of its
validity given the child's current circumstances, the state and
federal data practices laws and confidentiality standards, the
parental consent requirement, and providing respect for families
and cultural values. If the screen indicates a need for
assessment, the child's family, or if the family lacks mental
health insurance, the local social services agency, in
consultation with the child's family, shall have conducted a
diagnostic assessment, including a functional assessment, as
defined in section 245.4871. The administration of the
screening shall safeguard the privacy of children receiving the
screening and their families and shall comply with the Minnesota
Government Data Practices Act, chapter 13, and the federal
Health Insurance Portability and Accountability Act of 1996,
Public Law 104-191. Screening results shall be considered
private data and the commissioner shall not collect individual
screening results.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 3. Minnesota Statutes 2002, section 245.493,
subdivision 1a, is amended to read:
Subd. 1a. [DUTIES OF CERTAIN COORDINATING BODIES.] (a) By
mutual agreement of the collaborative and a coordinating body
listed in this subdivision, a children's mental health
collaborative or a collaborative established by the merger of a
children's mental health collaborative and a family services
collaborative under section 124D.23, may assume the duties of a
community transition interagency committee established under
section 125A.22; an interagency early intervention committee
established under section 125A.30; a local advisory council
established under section 245.4875, subdivision 5; or a local
coordinating council established under section 245.4875,
subdivision 6.
(b) Two or more family services collaboratives or
children's mental health collaboratives may consolidate
decision-making, pool resources, and collectively act on behalf
of the individual collaboratives, based on a written agreement
among the participating collaboratives.
Sec. 4. Minnesota Statutes 2002, section 256B.0625,
subdivision 23, is amended to read:
Subd. 23. [DAY TREATMENT SERVICES.] Medical assistance
covers day treatment services as specified in sections 245.462,
subdivision 8, and 245.4871, subdivision 10, that are provided
under contract with the county board. Notwithstanding Minnesota
Rules, part 9505.0323, subpart 15, the commissioner may set
authorization thresholds for day treatment for adults according
to section 256B.0625, subdivision 25. Effective July 1, 2004,
medical assistance covers day treatment services for children as
specified under section 256B.0943.
Sec. 5. Minnesota Statutes 2002, section 256B.0625, is
amended by adding a subdivision to read:
Subd. 35a. [CHILDREN'S MENTAL HEALTH CRISIS RESPONSE
SERVICES.] Medical assistance covers children's mental health
crisis response services according to section 256B.0944.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 6. Minnesota Statutes 2002, section 256B.0625, is
amended by adding a subdivision to read:
Subd. 35b. [CHILDREN'S THERAPEUTIC SERVICES AND SUPPORTS.]
Medical assistance covers children's therapeutic services and
supports according to section 256B.0943.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 7. Minnesota Statutes 2002, section 256B.0625, is
amended by adding a subdivision to read:
Subd. 45. [SUBACUTE PSYCHIATRIC CARE FOR PERSONS UNDER 21
YEARS OF AGE.] Medical assistance covers subacute psychiatric
care for person under 21 years of age when:
(1) the services meet the requirements of Code of Federal
Regulations, title 42, section 440.160;
(2) the facility is accredited as a psychiatric treatment
facility by the joint commission on accreditation of healthcare
organizations, the commission on accreditation of rehabilitation
facilities, or the council on accreditation; and
(3) the facility is licensed by the commissioner of health
under section 144.50.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 8. [256B.0943] [CHILDREN'S THERAPEUTIC SERVICES AND
SUPPORTS.]
Subdivision 1. [DEFINITIONS.] For purposes of this
section, the following terms have the meanings given them.
(a) "Children's therapeutic services and supports" means
the flexible package of mental health services for children who
require varying therapeutic and rehabilitative levels of
intervention. The services are time-limited interventions that
are delivered using various treatment modalities and
combinations of services designed to reach treatment outcomes
identified in the individual treatment plan.
(b) "Clinical supervision" means the overall responsibility
of the mental health professional for the control and direction
of individualized treatment planning, service delivery, and
treatment review for each client. A mental health professional
who is an enrolled Minnesota health care program provider
accepts full professional responsibility for a supervisee's
actions and decisions, instructs the supervisee in the
supervisee's work, and oversees or directs the supervisee's work.
(c) "County board" means the county board of commissioners
or board established under sections 402.01 to 402.10 or 471.59.
(d) "Crisis assistance" has the meaning given in section
245.4871, subdivision 9a.
(e) "Culturally competent provider" means a provider who
understands and can utilize to a client's benefit the client's
culture when providing services to the client. A provider may
be culturally competent because the provider is of the same
cultural or ethnic group as the client or the provider has
developed the knowledge and skills through training and
experience to provide services to culturally diverse clients.
(f) "Day treatment program" for children means a site-based
structured program consisting of group psychotherapy for more
than three individuals and other intensive therapeutic services
provided by a multidisciplinary team, under the clinical
supervision of a mental health professional.
(g) "Diagnostic assessment" has the meaning given in
section 245.4871, subdivision 11.
(h) "Direct service time" means the time that a mental
health professional, mental health practitioner, or mental
health behavioral aide spends face-to-face with a client and the
client's family. Direct service time includes time in which the
provider obtains a client's history or provides service
components of children's therapeutic services and supports.
Direct service time does not include time doing work before and
after providing direct services, including scheduling,
maintaining clinical records, consulting with others about the
client's mental health status, preparing reports, receiving
clinical supervision directly related to the client's
psychotherapy session, and revising the client's individual
treatment plan.
(i) "Direction of mental health behavioral aide" means the
activities of a mental health professional or mental health
practitioner in guiding the mental health behavioral aide in
providing services to a client. The direction of a mental
health behavioral aide must be based on the client's
individualized treatment plan and meet the requirements in
subdivision 6, paragraph (b), clause (5).
(j) "Emotional disturbance" has the meaning given in
section 245.4871, subdivision 15. For persons at least age 18
but under age 21, mental illness has the meaning given in
section 245.462, subdivision 20, paragraph (a).
(k) "Individual behavioral plan" means a plan of
intervention, treatment, and services for a child written by a
mental health professional or mental health practitioner, under
the clinical supervision of a mental health professional, to
guide the work of the mental health behavioral aide.
(l) "Individual treatment plan" has the meaning given in
section 245.4871, subdivision 21.
(m) "Mental health professional" means an individual as
defined in section 245.4871, subdivision 27, clauses (1) to (5),
or tribal vendor as defined in section 256B.02, subdivision 7,
paragraph (b).
(n) "Preschool program" means a day program licensed under
Minnesota Rules, parts 9503.0005 to 9503.0175, and enrolled as a
children's therapeutic services and supports provider to provide
a structured treatment program to a child who is at least 33
months old but who has not yet attended the first day of
kindergarten.
(o) "Skills training" means individual, family, or group
training designed to improve the basic functioning of the child
with emotional disturbance and the child's family in the
activities of daily living and community living, and to improve
the social functioning of the child and the child's family in
areas important to the child's maintaining or reestablishing
residency in the community. Individual, family, and group
skills training must:
(1) consist of activities designed to promote skill
development of the child and the child's family in the use of
age-appropriate daily living skills, interpersonal and family
relationships, and leisure and recreational services;
(2) consist of activities that will assist the family's
understanding of normal child development and to use parenting
skills that will help the child with emotional disturbance
achieve the goals outlined in the child's individual treatment
plan; and
(3) promote family preservation and unification, promote
the family's integration with the community, and reduce the use
of unnecessary out-of-home placement or institutionalization of
children with emotional disturbance.
Subd. 2. [COVERED SERVICE COMPONENTS OF CHILDREN'S
THERAPEUTIC SERVICES AND SUPPORTS.] (a) Subject to federal
approval, medical assistance covers medically necessary
children's therapeutic services and supports as defined in this
section that an eligible provider entity under subdivisions 4
and 5 provides to a client eligible under subdivision 3.
(b) The service components of children's therapeutic
services and supports are:
(1) individual, family, and group psychotherapy;
(2) individual, family, or group skills training provided
by a mental health professional or mental health practitioner;
(3) crisis assistance;
(4) mental health behavioral aide services; and
(5) direction of a mental health behavioral aide.
(c) Service components may be combined to constitute
therapeutic programs, including day treatment programs and
preschool programs. Although day treatment and preschool
programs have specific client and provider eligibility
requirements, medical assistance only pays for the service
components listed in paragraph (b).
Subd. 3. [DETERMINATION OF CLIENT ELIGIBILITY.] A client's
eligibility to receive children's therapeutic services and
supports under this section shall be determined based on a
diagnostic assessment by a mental health professional that is
performed within 180 days of the initial start of service. The
diagnostic assessment must:
(1) include current diagnoses on all five axes of the
client's current mental health status;
(2) determine whether a child under age 18 has a diagnosis
of emotional disturbance or, if the person is between the ages
of 18 and 21, whether the person has a mental illness;
(3) document children's therapeutic services and supports
as medically necessary to address an identified disability,
functional impairment, and the individual client's needs and
goals;
(4) be used in the development of the individualized
treatment plan; and
(5) be completed annually until age 18. For individuals
between age 18 and 21, unless a client's mental health condition
has changed markedly since the client's most recent diagnostic
assessment, annual updating is necessary. For the purpose of
this section, "updating" means a written summary, including
current diagnoses on all five axes, by a mental health
professional of the client's current mental health status and
service needs.
Subd. 4. [PROVIDER ENTITY CERTIFICATION.] (a) Effective
July 1, 2003, the commissioner shall establish an initial
provider entity application and certification process and
recertification process to determine whether a provider entity
has an administrative and clinical infrastructure that meets the
requirements in subdivisions 5 and 6. The commissioner shall
recertify a provider entity at least every three years. The
commissioner shall establish a process for decertification of a
provider entity that no longer meets the requirements in this
section. The county, tribe, and the commissioner shall be
mutually responsible and accountable for the county's, tribe's,
and state's part of the certification, recertification, and
decertification processes.
(b) For purposes of this section, a provider entity must be:
(1) an Indian health services facility or a facility owned
and operated by a tribe or tribal organization operating as a
638 facility under Public Law 93-368 certified by the state;
(2) a county-operated entity certified by the state; or
(3) a noncounty entity recommended for certification by the
provider's host county and certified by the state.
Subd. 5. [PROVIDER ENTITY ADMINISTRATIVE INFRASTRUCTURE
REQUIREMENTS.] (a) To be an eligible provider entity under this
section, a provider entity must have an administrative
infrastructure that establishes authority and accountability for
decision making and oversight of functions, including finance,
personnel, system management, clinical practice, and performance
measurement. The provider must have written policies and
procedures that it reviews and updates every three years and
distributes to staff initially and upon each subsequent update.
(b) The administrative infrastructure written policies and
procedures must include:
(1) personnel procedures, including a process for: (i)
recruiting, hiring, training, and retention of culturally and
linguistically competent providers; (ii) conducting a criminal
background check on all direct service providers and volunteers;
(iii) investigating, reporting, and acting on violations of
ethical conduct standards; (iv) investigating, reporting, and
acting on violations of data privacy policies that are compliant
with federal and state laws; (v) utilizing volunteers, including
screening applicants, training and supervising volunteers, and
providing liability coverage for volunteers; and (vi)
documenting that a mental health professional, mental health
practitioner, or mental health behavioral aide meets the
applicable provider qualification criteria, training criteria
under subdivision 8, and clinical supervision or direction of a
mental health behavioral aide requirements under subdivision 6;
(2) fiscal procedures, including internal fiscal control
practices and a process for collecting revenue that is compliant
with federal and state laws;
(3) if a client is receiving services from a case manager
or other provider entity, a service coordination process that
ensures services are provided in the most appropriate manner to
achieve maximum benefit to the client. The provider entity must
ensure coordination and nonduplication of services consistent
with county board coordination procedures established under
section 245.4881, subdivision 5;
(4) a performance measurement system, including monitoring
to determine cultural appropriateness of services identified in
the individual treatment plan, as determined by the client's
culture, beliefs, values, and language, and family-driven
services; and
(5) a process to establish and maintain individual client
records. The client's records must include: (i) the client's
personal information; (ii) forms applicable to data privacy;
(iii) the client's diagnostic assessment, updates, tests,
individual treatment plan, and individual behavior plan, if
necessary; (iv) documentation of service delivery as specified
under subdivision 6; (v) telephone contacts; (vi) discharge
plan; and (vii) if applicable, insurance information.
Subd. 6. [PROVIDER ENTITY CLINICAL INFRASTRUCTURE
REQUIREMENTS.] (a) To be an eligible provider entity under this
section, a provider entity must have a clinical infrastructure
that utilizes diagnostic assessment, an individualized treatment
plan, service delivery, and individual treatment plan review
that are culturally competent, child-centered, and family-driven
to achieve maximum benefit for the client. The provider entity
must review and update the clinical policies and procedures
every three years and must distribute the policies and
procedures to staff initially and upon each subsequent update.
(b) The clinical infrastructure written policies and
procedures must include policies and procedures for:
(1) providing or obtaining a client's diagnostic assessment
that identifies acute and chronic clinical disorders,
co-occurring medical conditions, sources of psychological and
environmental problems, and a functional assessment. The
functional assessment must clearly summarize the client's
individual strengths and needs;
(2) developing an individual treatment plan that is: (i)
based on the information in the client's diagnostic assessment;
(ii) developed no later than the end of the first psychotherapy
session after the completion of the client's diagnostic
assessment by the mental health professional who provides the
client's psychotherapy; (iii) developed through a
child-centered, family-driven planning process that identifies
service needs and individualized, planned, and culturally
appropriate interventions that contain specific treatment goals
and objectives for the client and the client's family or foster
family; (iv) reviewed at least once every 90 days and revised,
if necessary; and (v) signed by the client or, if appropriate,
by the client's parent or other person authorized by statute to
consent to mental health services for the client;
(3) developing an individual behavior plan that documents
services to be provided by the mental health behavioral aide.
The individual behavior plan must include: (i) detailed
instructions on the service to be provided; (ii) time allocated
to each service; (iii) methods of documenting the child's
behavior; (iv) methods of monitoring the child's progress in
reaching objectives; and (v) goals to increase or decrease
targeted behavior as identified in the individual treatment
plan;
(4) clinical supervision of the mental health practitioner
and mental health behavioral aide. A mental health professional
must document the clinical supervision the professional provides
by cosigning individual treatment plans and making entries in
the client's record on supervisory activities. Clinical
supervision does not include the authority to make or terminate
court-ordered placements of the child. A clinical supervisor
must be available for urgent consultation as required by the
individual client's needs or the situation. Clinical
supervision may occur individually or in a small group to
discuss treatment and review progress toward goals. The focus
of clinical supervision must be the client's treatment needs and
progress and the mental health practitioner's or behavioral
aide's ability to provide services;
(5) providing direction to a mental health behavioral
aide. For entities that employ mental health behavioral aides,
the clinical supervisor must be employed by the provider entity
to ensure necessary and appropriate oversight for the client's
treatment and continuity of care. The mental health
professional or mental health practitioner giving direction must
begin with the goals on the individualized treatment plan, and
instruct the mental health behavioral aide on how to construct
therapeutic activities and interventions that will lead to goal
attainment. The professional or practitioner giving direction
must also instruct the mental health behavioral aide about the
client's diagnosis, functional status, and other characteristics
that are likely to affect service delivery. Direction must also
include determining that the mental health behavioral aide has
the skills to interact with the client and the client's family
in ways that convey personal and cultural respect and that the
aide actively solicits information relevant to treatment from
the family. The aide must be able to clearly explain the
activities the aide is doing with the client and the activities'
relationship to treatment goals. Direction is more didactic
than is supervision and requires the professional or
practitioner providing it to continuously evaluate the mental
health behavioral aide's ability to carry out the activities of
the individualized treatment plan and the individualized
behavior plan. When providing direction, the professional or
practitioner must: (i) review progress notes prepared by the
mental health behavioral aide for accuracy and consistency with
diagnostic assessment, treatment plan, and behavior goals and
the professional or practitioner must approve and sign the
progress notes; (ii) identify changes in treatment strategies,
revise the individual behavior plan, and communicate treatment
instructions and methodologies as appropriate to ensure that
treatment is implemented correctly; (iii) demonstrate
family-friendly behaviors that support healthy collaboration
among the child, the child's family, and providers as treatment
is planned and implemented; (iv) ensure that the mental health
behavioral aide is able to effectively communicate with the
child, the child's family, and the provider; and (v) record the
results of any evaluation and corrective actions taken to modify
the work of the mental health behavioral aide;
(6) providing service delivery that implements the
individual treatment plan and meets the requirements under
subdivision 9; and
(7) individual treatment plan review. The review must
determine the extent to which the services have met the goals
and objectives in the previous treatment plan. The review must
assess the client's progress and ensure that services and
treatment goals continue to be necessary and appropriate to the
client and the client's family or foster family. Revision of
the individual treatment plan does not require a new diagnostic
assessment unless the client's mental health status has changed
markedly. The updated treatment plan must be signed by the
client, if appropriate, and by the client's parent or other
person authorized by statute to give consent to the mental
health services for the child.
Subd. 7. [QUALIFICATIONS OF INDIVIDUAL AND TEAM
PROVIDERS.] (a) An individual or team provider working within
the scope of the provider's practice or qualifications may
provide service components of children's therapeutic services
and supports that are identified as medically necessary in a
client's individual treatment plan.
(b) An individual provider and multidisciplinary team
include:
(1) a mental health professional as defined in subdivision
1, paragraph (m);
(2) a mental health practitioner as defined in section
245.4871, subdivision 26. The mental health practitioner must
work under the clinical supervision of a mental health
professional;
(3) a mental health behavioral aide working under the
direction of a mental health professional to implement the
rehabilitative mental health services identified in the client's
individual treatment plan. A level I mental health behavioral
aide must: (i) be at least 18 years old; (ii) have a high
school diploma or general equivalency diploma (GED) or two years
of experience as a primary caregiver to a child with severe
emotional disturbance within the previous ten years; and (iii)
meet preservices and continuing education requirements under
subdivision 8. A level II mental health behavioral aide must:
(i) be at least 18 years old; (ii) have an associate or
bachelor's degree or 4,000 hours of experience in delivering
clinical services in the treatment of mental illness concerning
children or adolescents; and (iii) meet preservice and
continuing education requirements in subdivision 8;
(4) a preschool program multidisciplinary team that
includes at least one mental health professional and one or more
of the following individuals under the clinical supervision of a
mental health professional: (i) a mental health practitioner;
or (ii) a program person, including a teacher, assistant
teacher, or aide, who meets the qualifications and training
standards of a level I mental health behavioral aide; or
(5) a day treatment multidisciplinary team that includes at
least one mental health professional and one mental health
practitioner.
Subd. 8. [REQUIRED PRESERVICE AND CONTINUING
EDUCATION.] (a) A provider entity shall establish a plan to
provide preservice and continuing education for staff. The plan
must clearly describe the type of training necessary to maintain
current skills and obtain new skills, and that relates to the
provider entity's goals and objectives for services offered.
(b) A provider that employs a mental health behavioral aide
under this section must require the mental health behavioral
aide to complete 30 hours of preservice training. The
preservice training must include topics specified in Minnesota
Rules, part 9535.4068, subparts 1 and 2, and parent team
training. The preservice training must include 15 hours of
in-person training of a mental health behavioral aide in mental
health services delivery and eight hours of parent team
training. Components of parent team training include:
(1) partnering with parents;
(2) fundamentals of family support;
(3) fundamentals of policy and decision making;
(4) defining equal partnership;
(5) complexities of the parent and service provider
partnership in multiple service delivery systems due to system
strengths and weaknesses;
(6) sibling impacts;
(7) support networks; and
(8) community resources.
(c) A provider entity that employs a mental health
practitioner and a mental health behavioral aide to provide
children's therapeutic services and supports under this section
must require the mental health practitioner and mental health
behavioral aide to complete 20 hours of continuing education
every two calendar years. The continuing education must be
related to serving the needs of a child with emotional
disturbance in the child's home environment and the child's
family. The topics covered in orientation and training must
conform to Minnesota Rules, part 9535.4068.
(d) The provider entity must document the mental health
practitioner's or mental health behavioral aide's annual
completion of the required continuing education. The
documentation must include the date, subject, and number of
hours of the continuing education, and attendance records, as
verified by the staff member's signature, job title, and the
instructor's name. The provider entity must keep documentation
for each employee, including records of attendance at
professional workshops and conferences, at a central location
and in the employee's personnel file.
Subd. 9. [SERVICE DELIVERY CRITERIA.] (a) In delivering
services under this section, a certified provider entity must
ensure that:
(1) each individual provider's caseload size permits the
provider to deliver services to both clients with severe,
complex needs and clients with less intensive needs. The
provider's caseload size should reasonably enable the provider
to play an active role in service planning, monitoring, and
delivering services to meet the client's and client's family's
needs, as specified in each client's individual treatment plan;
(2) site-based programs, including day treatment and
preschool programs, provide staffing and facilities to ensure
the client's health, safety, and protection of rights, and that
the programs are able to implement each client's individual
treatment plan;
(3) a day treatment program is provided to a group of
clients by a multidisciplinary staff under the clinical
supervision of a mental health professional. The day treatment
program must be provided in and by: (i) an outpatient hospital
accredited by the joint commission on accreditation of health
organizations and licensed under sections 144.50 to 144.55; (ii)
a community mental health center under section 245.62; and (iii)
an entity that is under contract with the county board to
operate a program that meets the requirements of sections
245.4712, subdivision 2, and 245.4884, subdivision 2, and
Minnesota Rules, parts 9505.0170 to 9505.0475. The day treatment
program must stabilize the client's mental health status while
developing and improving the client's independent living and
socialization skills. The goal of the day treatment program
must be to reduce or relieve the effects of mental illness and
provide training to enable the client to live in the community.
The program must be available at least one day a week for a
minimum three-hour time block. The three-hour time block must
include at least one hour, but no more than two hours, of
individual or group psychotherapy. The remainder of the
three-hour time block may include recreation therapy,
socialization therapy, or independent living skills therapy, but
only if the therapies are included in the client's individual
treatment plan. Day treatment programs are not part of
inpatient or residential treatment services; and
(4) a preschool program is a structured treatment program
offered to a child who is at least 33 months old, but who has
not yet reached the first day of kindergarten, by a preschool
multidisciplinary team in a day program licensed under Minnesota
Rules, parts 9503.0005 to 9503.0175. The program must be
available at least one day a week for a minimum two-hour time
block. The structured treatment program may include individual
or group psychotherapy and recreation therapy, socialization
therapy, or independent living skills therapy, if included in
the client's individual treatment plan.
(b) A provider entity must delivery the service components
of children's therapeutic services and supports in compliance
with the following requirements:
(1) individual, family, and group psychotherapy must be
delivered as specified in Minnesota Rules, parts 9505.0523;
(2) individual, family, or group skills training must be
provided by a mental health professional or a mental health
practitioner who has a consulting relationship with a mental
health professional who accepts full professional responsibility
for the training;
(3) crisis assistance must be an intense, time-limited, and
designed to resolve or stabilize crisis through arrangements for
direct intervention and support services to the child and the
child's family. Crisis assistance must utilize resources
designed to address abrupt or substantial changes in the
functioning of the child or the child's family as evidenced by a
sudden change in behavior with negative consequences for well
being, a loss of usual coping mechanisms, or the presentation of
danger to self or others;
(4) medically necessary services that are provided by a
mental health behavioral aide must be designed to improve the
functioning of the child and support the family in activities of
daily and community living. A mental health behavioral aide
must document the delivery of services in written progress
notes. The mental health behavioral aide must implement goals
in the treatment plan for the child's emotional disturbance that
allow the child to acquire developmentally and therapeutically
appropriate daily living skills, social skills, and leisure and
recreational skills through targeted activities. These
activities may include:
(i) assisting a child as needed with skills development in
dressing, eating, and toileting;
(ii) assisting, monitoring, and guiding the child to
complete tasks, including facilitating the child's participation
in medical appointments;
(iii) observing the child and intervening to redirect the
child's inappropriate behavior;
(iv) assisting the child in using age-appropriate
self-management skills as related to the child's emotional
disorder or mental illness, including problem solving, decision
making, communication, conflict resolution, anger management,
social skills, and recreational skills;
(v) implementing deescalation techniques as recommended by
the mental health professional;
(vi) implementing any other mental health service that the
mental health professional has approved as being within the
scope of the behavioral aide's duties; or
(vii) assisting the parents to develop and use parenting
skills that help the child achieve the goals outlined in the
child's individual treatment plan or individual behavioral
plan. Parenting skills must be directed exclusively to the
child's treatment; and
(5) direction of a mental health behavioral aide must
include the following:
(i) a total of one hour of on-site observation by a mental
health professional during the first 12 hours of service
provided to a child;
(ii) ongoing on-site observation by a mental health
professional or mental health practitioner for at least a total
of one hour during every 40 hours of service provided to a
child; and
(iii) immediate accessibility of the mental health
professional or mental health practitioner to the mental health
behavioral aide during service provision.
Subd. 10. [SERVICE AUTHORIZATION.] The commissioner shall
publish in the State Register a list of health services that
require prior authorization, as well as the criteria and
standards used to select health services on the list. The list
and the criteria and standards used to formulate the list are
not subject to the requirements of sections 14.001 to 14.69.
The commissioner's decision on whether prior authorization is
required for a health service is not subject to administrative
appeal.
Subd. 11. [DOCUMENTATION AND BILLING.] (a) A provider
entity must document the services it provides under this
section. The provider entity must ensure that the entity's
documentation standards meet the requirements of federal and
state laws. Services billed under this section that are not
documented according to this subdivision shall be subject to
monetary recovery by the commissioner.
(b) An individual mental health provider must promptly
document the following in a client's record after providing
services to the client:
(1) each occurrence of the client's mental health service,
including the date, type, length, and scope of the service;
(2) the name of the person who gave the service;
(3) contact made with other persons interested in the
client, including representatives of the courts, corrections
systems, or schools. The provider must document the name and
date of each contact;
(4) any contact made with the client's other mental health
providers, case manager, family members, primary caregiver,
legal representative, or the reason the provider did not contact
the client's family members, primary caregiver, or legal
representative, if applicable; and
(5) required clinical supervision, as appropriate.
Subd. 12. [EXCLUDED SERVICES.] The following services are
not eligible for medical assistance payment as children's
therapeutic services and supports:
(1) service components of children's therapeutic services
and supports simultaneously provided by more than one provider
entity unless prior authorization is obtained;
(2) children's therapeutic services and supports provided
in violation of medical assistance policy in Minnesota Rules,
part 9505.0220;
(3) mental health behavioral aide services provided by a
personal care assistant who is not qualified as a mental health
behavioral aide and employed by a certified children's
therapeutic services and supports provider entity;
(4) services that are the responsibility of a residential
or program license holder, including foster care providers under
the terms of a service agreement or administrative rules
governing licensure;
(5) up to 15 hours of children's therapeutic services and
supports provided within a six-month period to a child with
severe emotional disturbance who is residing in a hospital, a
group home as defined in Minnesota Rules, part 9560.0520,
subpart 4, a residential treatment facility licensed under
Minnesota Rules, parts 9545.0900 to 9545.1090, a regional
treatment center, or other institutional group setting or who is
participating in a program of partial hospitalization are
eligible for medical assistance payment if part of the discharge
plan; and
(6) adjunctive activities that may be offered by a provider
entity but are not otherwise covered by medical assistance,
including:
(i) a service that is primarily recreation oriented or that
is provided in a setting that is not medically supervised. This
includes sports activities, exercise groups, activities such as
craft hours, leisure time, social hours, meal or snack time,
trips to community activities, and tours;
(ii) a social or educational service that does not have or
cannot reasonably be expected to have a therapeutic outcome
related to the client's emotional disturbance;
(iii) consultation with other providers or service agency
staff about the care or progress of a client;
(iv) prevention or education programs provided to the
community; and
(v) treatment for clients with primary diagnoses of alcohol
or other drug abuse.
[EFFECTIVE DATE.] Unless otherwise specified, this section
is effective July 1, 2004.
Sec. 9. [256B.0944] [COVERED SERVICES; CHILDREN'S MENTAL
HEALTH CRISIS RESPONSE SERVICES.]
Subdivision 1. [DEFINITIONS.] For purposes of this
section, the following terms have the meanings given them.
(a) "Mental health crisis" means a child's behavioral,
emotional, or psychiatric situation that, but for the provision
of crisis response services to the child, would likely result in
significantly reduced levels of functioning in primary
activities of daily living, an emergency situation, or the
child's placement in a more restrictive setting, including, but
not limited to, inpatient hospitalization.
(b) "Mental health emergency" means a child's behavioral,
emotional, or psychiatric situation that causes an immediate
need for mental health services and is consistent with section
62Q.55. A physician, mental health professional, or crisis
mental health practitioner determines a mental health crisis or
emergency for medical assistance reimbursement with input from
the client and the client's family, if possible.
(c) "Mental health crisis assessment" means an immediate
face-to-face assessment by a physician, mental health
professional, or mental health practitioner under the clinical
supervision of a mental health professional, following a
screening that suggests the child may be experiencing a mental
health crisis or mental health emergency situation.
(d) "Mental health mobile crisis intervention services"
means face-to-face, short-term intensive mental health services
initiated during a mental health crisis or mental health
emergency. Mental health mobile crisis services must help the
recipient cope with immediate stressors, identify and utilize
available resources and strengths, and begin to return to the
recipient's baseline level of functioning. Mental health mobile
services must be provided on-site by a mobile crisis
intervention team outside of an emergency room, urgent care, or
an inpatient hospital setting.
(e) "Mental health crisis stabilization services" means
individualized mental health services provided to a recipient
following crisis intervention services that are designed to
restore the recipient to the recipient's prior functional
level. The individual treatment plan recommending mental health
crisis stabilization must be completed by the intervention team
or by staff after an inpatient or urgent care visit. Mental
health crisis stabilization services may be provided in the
recipient's home, the home of a family member or friend of the
recipient, schools, another community setting, or a short-term
supervised, licensed residential program if the service is not
included in the facility's cost pool or per diem. Mental health
crisis stabilization is not reimbursable when provided as part
of a partial hospitalization or day treatment program.
Subd. 2. [MEDICAL ASSISTANCE COVERAGE.] Medical assistance
covers medically necessary children's mental health crisis
response services, subject to federal approval, if provided to
an eligible recipient under subdivision 3, by a qualified
provider entity under subdivision 4 or a qualified individual
provider working within the provider's scope of practice, and
identified in the recipient's individual crisis treatment plan
under subdivision 8.
Subd. 3. [ELIGIBILITY.] An eligible recipient is an
individual who:
(1) is eligible for medical assistance;
(2) is under age 18 or between the ages of 18 and 21;
(3) is screened as possibly experiencing a mental health
crisis or mental health emergency where a mental health crisis
assessment is needed;
(4) is assessed as experiencing a mental health crisis or
mental health emergency, and mental health mobile crisis
intervention or mental health crisis stabilization services are
determined to be medically necessary; and
(5) meets the criteria for emotional disturbance or mental
illness.
Subd. 4. [PROVIDER ENTITY STANDARDS.] (a) A crisis
intervention and crisis stabilization provider entity must meet
the administrative and clinical standards specified in section
256B.0943, subdivisions 5 and 6, meet the standards listed in
paragraph (b), and be:
(1) an Indian health service facility or facility owned and
operated by a tribe or a tribal organization operating under
Public Law 93-638 as a 638 facility;
(2) a county board-operated entity; or
(3) a provider entity that is under contract with the
county board in the county where the potential crisis or
emergency is occurring.
(b) The children's mental health crisis response services
provider entity must:
(1) ensure that mental health crisis assessment and mobile
crisis intervention services are available 24 hours a day, seven
days a week;
(2) directly provide the services or, if services are
subcontracted, the provider entity must maintain clinical
responsibility for services and billing;
(3) ensure that crisis intervention services are provided
in a manner consistent with sections 245.487 to 245.4888; and
(4) develop and maintain written policies and procedures
regarding service provision that include safety of staff and
recipients in high-risk situations.
Subd. 5. [MOBILE CRISIS INTERVENTION STAFF
QUALIFICATIONS.] (a) To provide children's mental health mobile
crisis intervention services, a mobile crisis intervention team
must include:
(1) at least two mental health professionals as defined in
section 256B.0943, subdivision 1, paragraph (m); or
(2) a combination of at least one mental health
professional and one mental health practitioner as defined in
section 245.4871, subdivision 26, with the required mental
health crisis training and under the clinical supervision of a
mental health professional on the team.
(b) The team must have at least two people with at least
one member providing on-site crisis intervention services when
needed. Team members must be experienced in mental health
assessment, crisis intervention techniques, and clinical
decision making under emergency conditions and have knowledge of
local services and resources. The team must recommend and
coordinate the team's services with appropriate local resources,
including as the county social services agency, mental health
service providers, and local law enforcement, if necessary.
Subd. 6. [INITIAL SCREENING, CRISIS ASSESSMENT, AND MOBILE
INTERVENTION TREATMENT PLANNING.] (a) Before initiating mobile
crisis intervention services, a screening of the potential
crisis situation must be conducted. The screening may use the
resources of crisis assistance and emergency services as defined
in sections 245.4871, subdivision 14, and 245.4879, subdivisions
1 and 2. The screening must gather information, determine
whether a crisis situation exists, identify the parties
involved, and determine an appropriate response.
(b) If a crisis exists, a crisis assessment must be
completed. A crisis assessment must evaluate any immediate
needs for which emergency services are needed and, as time
permits, the recipient's current life situation, sources of
stress, mental health problems and symptoms, strengths, cultural
considerations, support network, vulnerabilities, and current
functioning.
(c) If the crisis assessment determines mobile crisis
intervention services are needed, the intervention services must
be provided promptly. As the opportunity presents itself during
the intervention, at least two members of the mobile crisis
intervention team must confer directly or by telephone about the
assessment, treatment plan, and actions taken and needed. At
least one of the team members must be on site providing crisis
intervention services. If providing on-site crisis intervention
services, a mental health practitioner must seek clinical
supervision as required under subdivision 9.
(d) The mobile crisis intervention team must develop an
initial, brief crisis treatment plan as soon as appropriate but
no later than 24 hours after the initial face-to-face
intervention. The plan must address the needs and problems
noted in the crisis assessment and include measurable short-term
goals, cultural considerations, and frequency and type of
services to be provided to achieve the goals and reduce or
eliminate the crisis. The crisis treatment plan must be updated
as needed to reflect current goals and services. The team must
involve the client and the client's family in developing and
implementing the plan.
(e) The team must document in progress notes which
short-term goals have been met and when no further crisis
intervention services are required.
(f) If the client's crisis is stabilized, but the client
needs a referral for mental health crisis stabilization services
or to other services, the team must provide a referral to these
services. If the recipient has a case manager, planning for
other services must be coordinated with the case manager.
Subd. 7. [CRISIS STABILIZATION SERVICES.] (a) Crisis
stabilization services must be provided by a mental health
professional or a mental health practitioner who works under the
clinical supervision of a mental health professional and for a
crisis stabilization services provider entity, and must meet the
following standards:
(1) a crisis stabilization treatment plan must be developed
which meets the criteria in subdivision 8;
(2) services must be delivered according to the treatment
plan and include face-to-face contact with the recipient by
qualified staff for further assessment, help with referrals,
updating the crisis stabilization treatment plan, supportive
counseling, skills training, and collaboration with other
service providers in the community; and
(3) mental health practitioners must have completed at
least 30 hours of training in crisis intervention and
stabilization during the past two years.
Subd. 8. [TREATMENT PLAN.] (a) The individual crisis
stabilization treatment plan must include, at a minimum:
(1) a list of problems identified in the assessment;
(2) a list of the recipient's strengths and resources;
(3) concrete, measurable short-term goals and tasks to be
achieved, including time frames for achievement of the goals;
(4) specific objectives directed toward the achievement of
each goal;
(5) documentation of the participants involved in the
service planning;
(6) planned frequency and type of services initiated;
(7) a crisis response action plan if a crisis should occur;
and
(8) clear progress notes on the outcome of goals.
(b) The client, if clinically appropriate, must be a
participant in the development of the crisis stabilization
treatment plan. The client or the client's legal guardian must
sign the service plan or documentation must be provided why this
was not possible. A copy of the plan must be given to the
client and the client's legal guardian. The plan should include
services arranged, including specific providers where applicable.
(c) A treatment plan must be developed by a mental health
professional or mental health practitioner under the clinical
supervision of a mental health professional. A written plan
must be completed within 24 hours of beginning services with the
client.
Subd. 9. [SUPERVISION.] (a) A mental health practitioner
may provide crisis assessment and mobile crisis intervention
services if the following clinical supervision requirements are
met:
(1) the mental health provider entity must accept full
responsibility for the services provided;
(2) the mental health professional of the provider entity,
who is an employee or under contract with the provider entity,
must be immediately available by telephone or in person for
clinical supervision;
(3) the mental health professional is consulted, in person
or by telephone, during the first three hours when a mental
health practitioner provides on-site service; and
(4) the mental health professional must review and approve
the tentative crisis assessment and crisis treatment plan,
document the consultation, and sign the crisis assessment and
treatment plan within the next business day.
(b) If the mobile crisis intervention services continue
into a second calendar day, a mental health professional must
contact the client face-to-face on the second day to provide
services and update the crisis treatment plan. The on-site
observation must be documented in the client's record and signed
by the mental health professional.
Subd. 10. [CLIENT RECORD.] The provider must maintain a
file for each client that complies with the requirements under
section 256B.0943, subdivision 11, and contains the following
information:
(1) individual crisis treatment plans signed by the
recipient, mental health professional, and mental health
practitioner who developed the crisis treatment plan, or if the
recipient refused to sign the plan, the date and reason stated
by the recipient for not signing the plan;
(2) signed release of information forms;
(3) recipient health information and current medications;
(4) emergency contacts for the recipient;
(5) case records that document the date of service, place
of service delivery, signature of the person providing the
service, and the nature, extent, and units of service. Direct
or telephone contact with the recipient's family or others
should be documented;
(6) required clinical supervision by mental health
professionals;
(7) summary of the recipient's case reviews by staff; and
(8) any written information by the recipient that the
recipient wants in the file.
Subd. 11. [EXCLUDED SERVICES.] The following services are
excluded from reimbursement under this section:
(1) room and board services;
(2) services delivered to a recipient while admitted to an
inpatient hospital;
(3) transportation services under children's mental health
crisis response service;
(4) services provided and billed by a provider who is not
enrolled under medical assistance to provide children's mental
health crisis response services;
(5) crisis response services provided by a residential
treatment center to clients in their facility;
(6) services performed by volunteers;
(7) direct billing of time spent "on call" when not
delivering services to a recipient;
(8) provider service time included in case management
reimbursement;
(9) outreach services to potential recipients; and
(10) a mental health service that is not medically
necessary.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 10. Minnesota Statutes 2002, section 256B.0945,
subdivision 2, is amended to read:
Subd. 2. [COVERED SERVICES.] All services must be included
in a child's individualized treatment or multiagency plan of
care as defined in chapter 245.
(a) For facilities that are institutions for mental
diseases according to statute and regulation or are not
institutions for mental diseases but are approved by the
commissioner to provide services under this paragraph, medical
assistance covers the full contract rate, including room and
board if the services meet the requirements of Code of Federal
Regulations, title 42, section 440.160.
(b) For facilities that are not institutions for mental
diseases according to federal statute and regulation and are not
providing services under paragraph (a), medical assistance
covers mental health related services that are required to be
provided by a residential facility under section 245.4882 and
administrative rules promulgated thereunder, except for room and
board.
Sec. 11. Minnesota Statutes 2002, section 256B.0945,
subdivision 4, is amended to read:
Subd. 4. [PAYMENT RATES.] (a) Notwithstanding sections
256B.19 and 256B.041, payments to counties for residential
services provided by a residential facility shall only be made
of federal earnings for services provided under this section,
and the nonfederal share of costs for services provided under
this section shall be paid by the county from sources other than
federal funds or funds used to match other federal funds.
Payment to counties for services provided according to
subdivision 2, paragraph (a), shall be the federal share of the
contract rate. Payment to counties for services provided
according to subdivision 2, paragraph (b), this section shall be
a proportion of the per day contract rate that relates to
rehabilitative mental health services and shall not include
payment for costs or services that are billed to the IV-E
program as room and board.
(b) The commissioner shall set aside a portion not to
exceed five percent of the federal funds earned under this
section to cover the state costs of administering this section.
Any unexpended funds from the set-aside shall be distributed to
the counties in proportion to their earnings under this section.
Sec. 12. Minnesota Statutes 2002, section 257.05, is
amended to read:
257.05 [IMPORTATION.]
Subdivision 1. [NOTIFICATION AND DUTIES OF COMMISSIONER.]
No person, except as provided by subdivision subdivisions 2 and
3, shall bring or send into the state any child for the purpose
of placing the child out or procuring the child's adoption
without first obtaining the consent of the commissioner of human
services, and such person shall conform to all rules of the
commissioner of human services and laws of the state of
Minnesota relating to protection of children in foster care.
Before any child shall be brought or sent into the state for the
purpose of being placed in foster care, the person bringing or
sending the child into the state shall first notify the
commissioner of human services of the person's intention, and
shall obtain from the commissioner of human services a
certificate stating that the home in which the child is to be
placed is, in the opinion of the commissioner of human services,
a suitable adoptive home for the child if legal adoption is
contemplated or that the home meets the commissioner's
requirements for licensing of foster homes if legal adoption is
not contemplated. The commissioner is responsible for
protecting the child's interests so long as the child remains
within the state and until the child reaches the age of 18 or is
legally adopted. Notice to the commissioner shall state the
name, age, and personal description of the child, and the name
and address of the person with whom the child is to be placed,
and such other information about the child and the foster home
as may be required by the commissioner.
Subd. 2. [EXEMPT RELATIVES.] A parent, stepparent,
grandparent, brother, sister and aunt or uncle in the first
degree of the minor child who bring a child into the state for
placement within their own home shall be exempt from the
provisions of subdivision 1. This relationship may be by blood
or marriage.
Subd. 3. [INTERNATIONAL ADOPTIONS.] Subject to state and
federal laws and rules, adoption agencies licensed under chapter
245A and Minnesota Rules, parts 9545.0755 to 9545.0845, and
county social services agencies are authorized to certify that
the prospective adoptive home of a child brought into the state
from another country for the purpose of adoption is a suitable
home, or that the home meets the commissioner's requirements for
licensing of foster homes if legal adoption is not contemplated.
Sec. 13. Minnesota Statutes 2002, section 259.67,
subdivision 4, is amended to read:
Subd. 4. [ELIGIBILITY CONDITIONS.] (a) The placing agency
shall use the AFDC requirements as specified in federal law as
of July 16, 1996, when determining the child's eligibility for
adoption assistance under title IV-E of the Social Security
Act. If the child does not qualify, the placing agency shall
certify a child as eligible for state funded adoption assistance
only if the following criteria are met:
(1) Due to the child's characteristics or circumstances it
would be difficult to provide the child an adoptive home without
adoption assistance.
(2)(i) A placement agency has made reasonable efforts to
place the child for adoption without adoption assistance, but
has been unsuccessful; or
(ii) the child's licensed foster parents desire to adopt
the child and it is determined by the placing agency that the
adoption is in the best interest of the child.
(3) The child has been a ward of the commissioner or, a
Minnesota-licensed child-placing agency, or a tribal social
service agency of Minnesota recognized by the Secretary of the
Interior.
(b) For purposes of this subdivision, the characteristics
or circumstances that may be considered in determining whether a
child is a child with special needs under United States Code,
title 42, chapter 7, subchapter IV, part E, or meets the
requirements of paragraph (a), clause (1), are the following:
(1) The child is a member of a sibling group to be placed
as one unit in which at least one sibling is older than 15
months of age or is described in clause (2) or (3).
(2) The child has documented physical, mental, emotional,
or behavioral disabilities.
(3) The child has a high risk of developing physical,
mental, emotional, or behavioral disabilities.
(4) The child is adopted according to tribal law without a
termination of parental rights or relinquishment, provided that
the tribe has documented the valid reason why the child cannot
or should not be returned to the home of the child's parent.
(c) When a child's eligibility for adoption assistance is
based upon the high risk of developing physical, mental,
emotional, or behavioral disabilities, payments shall not be
made under the adoption assistance agreement unless and until
the potential disability manifests itself as documented by an
appropriate health care professional.
Sec. 14. Minnesota Statutes 2002, section 260B.157,
subdivision 1, is amended to read:
Subdivision 1. [INVESTIGATION.] Upon request of the court
the local social services agency or probation officer shall
investigate the personal and family history and environment of
any minor coming within the jurisdiction of the court under
section 260B.101 and shall report its findings to the court.
The court may order any minor coming within its jurisdiction to
be examined by a duly qualified physician, psychiatrist, or
psychologist appointed by the court.
The court shall have a chemical use assessment conducted
when a child is (1) found to be delinquent for violating a
provision of chapter 152, or for committing a felony-level
violation of a provision of chapter 609 if the probation officer
determines that alcohol or drug use was a contributing factor in
the commission of the offense, or (2) alleged to be delinquent
for violating a provision of chapter 152, if the child is being
held in custody under a detention order. The assessor's
qualifications and the assessment criteria shall comply with
Minnesota Rules, parts 9530.6600 to 9530.6655. If funds under
chapter 254B are to be used to pay for the recommended
treatment, the assessment and placement must comply with all
provisions of Minnesota Rules, parts 9530.6600 to 9530.6655 and
9530.7000 to 9530.7030. The commissioner of human services
shall reimburse the court for the cost of the chemical use
assessment, up to a maximum of $100.
The court shall have a children's mental health screening
conducted when a child is found to be delinquent. The screening
shall be conducted with a screening instrument approved by the
commissioner of human services and shall be conducted by a
mental health practitioner as defined in section 245.4871,
subdivision 26, or a probation officer who is trained in the use
of the screening instrument. If the screening indicates a need
for assessment, the local social services agency, in
consultation with the child's family, shall have a diagnostic
assessment conducted, including a functional assessment, as
defined in section 245.4871.
With the consent of the commissioner of corrections and
agreement of the county to pay the costs thereof, the court may,
by order, place a minor coming within its jurisdiction in an
institution maintained by the commissioner for the detention,
diagnosis, custody and treatment of persons adjudicated to be
delinquent, in order that the condition of the minor be given
due consideration in the disposition of the case. Any funds
received under the provisions of this subdivision shall not
cancel until the end of the fiscal year immediately following
the fiscal year in which the funds were received. The funds are
available for use by the commissioner of corrections during that
period and are hereby appropriated annually to the commissioner
of corrections as reimbursement of the costs of providing these
services to the juvenile courts.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 15. Minnesota Statutes 2002, section 260B.176,
subdivision 2, is amended to read:
Subd. 2. [REASONS FOR DETENTION.] (a) If the child is not
released as provided in subdivision 1, the person taking the
child into custody shall notify the court as soon as possible of
the detention of the child and the reasons for detention.
(b) No child may be detained in a juvenile secure detention
facility or shelter care facility longer than 36 hours,
excluding Saturdays, Sundays, and holidays, after being taken
into custody for a delinquent act as defined in section
260B.007, subdivision 6, unless a petition has been filed and
the judge or referee determines pursuant to section 260B.178
that the child shall remain in detention.
(c) No child may be detained in an adult jail or municipal
lockup longer than 24 hours, excluding Saturdays, Sundays, and
holidays, or longer than six hours in an adult jail or municipal
lockup in a standard metropolitan statistical area, after being
taken into custody for a delinquent act as defined in section
260B.007, subdivision 6, unless:
(1) a petition has been filed under section 260B.141; and
(2) a judge or referee has determined under section
260B.178 that the child shall remain in detention.
After August 1, 1991, no child described in this paragraph
may be detained in an adult jail or municipal lockup longer than
24 hours, excluding Saturdays, Sundays, and holidays, or longer
than six hours in an adult jail or municipal lockup in a
standard metropolitan statistical area, unless the requirements
of this paragraph have been met and, in addition, a motion to
refer the child for adult prosecution has been made under
section 260B.125. Notwithstanding this paragraph, continued
detention of a child in an adult detention facility outside of a
standard metropolitan statistical area county is permissible if:
(i) the facility in which the child is detained is located
where conditions of distance to be traveled or other ground
transportation do not allow for court appearances within 24
hours. A delay not to exceed 48 hours may be made under this
clause; or
(ii) the facility is located where conditions of safety
exist. Time for an appearance may be delayed until 24 hours
after the time that conditions allow for reasonably safe
travel. "Conditions of safety" include adverse life-threatening
weather conditions that do not allow for reasonably safe travel.
The continued detention of a child under clause (i) or (ii)
must be reported to the commissioner of corrections.
(d) If a child described in paragraph (c) is to be detained
in a jail beyond 24 hours, excluding Saturdays, Sundays, and
holidays, the judge or referee, in accordance with rules and
procedures established by the commissioner of corrections, shall
notify the commissioner of the place of the detention and the
reasons therefor. The commissioner shall thereupon assist the
court in the relocation of the child in an appropriate juvenile
secure detention facility or approved jail within the county or
elsewhere in the state, or in determining suitable
alternatives. The commissioner shall direct that a child
detained in a jail be detained after eight days from and
including the date of the original detention order in an
approved juvenile secure detention facility with the approval of
the administrative authority of the facility. If the court
refers the matter to the prosecuting authority pursuant to
section 260B.125, notice to the commissioner shall not be
required.
(e) When a child is detained for an alleged delinquent act
in a state licensed juvenile facility or program, or when a
child is detained in an adult jail or municipal lockup as
provided in paragraph (c), the supervisor of the facility shall,
if the child's parent or legal guardian consents, have a
children's mental health screening conducted with a screening
instrument approved by the commissioner of human services,
unless a screening has been performed within the previous 180
days or the child is currently under the care of a mental health
professional. The screening shall be conducted by a mental
health practitioner as defined in section 245.4871, subdivision
26, or a probation officer who is trained in the use of the
screening instrument. The screening shall be conducted after
the initial detention hearing has been held and the court has
ordered the child continued in detention. The results of the
screening may only be presented to the court at the
dispositional phase of the court proceedings on the matter
unless the parent or legal guardian consents to presentation at
a different time. If the screening indicates a need for
assessment, the local social services agency or probation
officer, with the approval of the child's parent or legal
guardian, shall have a diagnostic assessment conducted,
including a functional assessment, as defined in section
245.4871.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 16. Minnesota Statutes 2002, section 260B.178,
subdivision 1, is amended to read:
Subdivision 1. [HEARING AND RELEASE REQUIREMENTS.] (a) The
court shall hold a detention hearing:
(1) within 36 hours of the time the child was taken into
custody, excluding Saturdays, Sundays, and holidays, if the
child is being held at a juvenile secure detention facility or
shelter care facility; or
(2) within 24 hours of the time the child was taken into
custody, excluding Saturdays, Sundays, and holidays, if the
child is being held at an adult jail or municipal lockup.
(b) Unless there is reason to believe that the child would
endanger self or others, not return for a court hearing, run
away from the child's parent, guardian, or custodian or
otherwise not remain in the care or control of the person to
whose lawful custody the child is released, or that the child's
health or welfare would be immediately endangered, the child
shall be released to the custody of a parent, guardian,
custodian, or other suitable person, subject to reasonable
conditions of release including, but not limited to, a
requirement that the child undergo a chemical use assessment as
provided in section 260B.157, subdivision 1, and a children's
mental health screening as provided in section 260B.176,
subdivision 2, paragraph (e). In determining whether the
child's health or welfare would be immediately endangered, the
court shall consider whether the child would reside with a
perpetrator of domestic child abuse.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 17. Minnesota Statutes 2002, section 260B.193,
subdivision 2, is amended to read:
Subd. 2. [CONSIDERATION OF REPORTS.] Before making a
disposition in a case, or appointing a guardian for a child, the
court may consider any report or recommendation made by the
local social services agency, probation officer, licensed
child-placing agency, foster parent, guardian ad litem, tribal
representative, or other authorized advocate for the child or
child's family, a school district concerning the effect on
student transportation of placing a child in a school district
in which the child is not a resident, or any other information
deemed material by the court. In addition, the court may
consider the results of the children's mental health screening
provided in section 260B.157, subdivision 1.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 18. Minnesota Statutes 2002, section 260B.235,
subdivision 6, is amended to read:
Subd. 6. [ALTERNATIVE DISPOSITION.] In addition to
dispositional alternatives authorized by subdivision 3 4, in the
case of a third or subsequent finding by the court pursuant to
an admission in court or after trial that a child has committed
a juvenile alcohol or controlled substance offense, the juvenile
court shall order a chemical dependency evaluation of the child
and if warranted by the evaluation, the court may order
participation by the child in an inpatient or outpatient
chemical dependency treatment program, or any other treatment
deemed appropriate by the court. In the case of a third or
subsequent finding that a child has committed any juvenile petty
offense, the court shall order a children's mental health
screening be conducted as provided in section 260B.157,
subdivision 1, and if indicated by the screening, to undergo a
diagnostic assessment, including a functional assessment, as
defined in section 245.4871.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 19. Minnesota Statutes 2002, section 260C.141,
subdivision 2, is amended to read:
Subd. 2. [REVIEW OF FOSTER CARE STATUS.] The social
services agency responsible for the placement of a child in a
residential facility, as defined in section 260C.212,
subdivision 1, pursuant to a voluntary release by the child's
parent or parents must proceed in juvenile court to review the
foster care status of the child in the manner provided in this
section.
(a) Except for a child in placement due solely to the
child's developmental disability or emotional disturbance, when
a child continues in voluntary placement according to section
260C.212, subdivision 8, a petition shall be filed alleging the
child to be in need of protection or services or seeking
termination of parental rights or other permanent placement of
the child away from the parent within 90 days of the date of the
voluntary placement agreement. The petition shall state the
reasons why the child is in placement, the progress on the
out-of-home placement plan required under section 260C.212,
subdivision 1, and the statutory basis for the petition under
section 260C.007, subdivision 6, 260C.201, subdivision 11, or
260C.301.
(1) In the case of a petition alleging the child to be in
need of protection or services filed under this paragraph, if
all parties agree and the court finds it is in the best
interests of the child, the court may find the petition states a
prima facie case that:
(i) the child's needs are being met;
(ii) the placement of the child in foster care is in the
best interests of the child;
(iii) reasonable efforts to reunify the child and the
parent or guardian are being made; and
(iv) the child will be returned home in the next three
months.
(2) If the court makes findings under paragraph (1), the
court shall approve the voluntary arrangement and continue the
matter for up to three more months to ensure the child returns
to the parents' home. The responsible social services agency
shall:
(i) report to the court when the child returns home and the
progress made by the parent on the out-of-home placement plan
required under section 260C.212, in which case the court shall
dismiss jurisdiction;
(ii) report to the court that the child has not returned
home, in which case the matter shall be returned to the court
for further proceedings under section 260C.163; or
(iii) if any party does not agree to continue the matter
under paragraph (1) and this paragraph, the matter shall proceed
under section 260C.163.
(b) In the case of a child in voluntary placement due
solely to the child's developmental disability or emotional
disturbance according to section 260C.212, subdivision 9, the
following procedures apply:
(1) [REPORT TO COURT.] (i) Unless the county attorney
determines that a petition under subdivision 1 is appropriate,
without filing a petition, a written report shall be forwarded
to the court within 165 days of the date of the voluntary
placement agreement. The written report shall contain necessary
identifying information for the court to proceed, a copy of the
out-of-home placement plan required under section 260C.212,
subdivision 1, a written summary of the proceedings of any
administrative review required under section 260C.212,
subdivision 7, and any other information the responsible social
services agency, parent or guardian, the child or the foster
parent or other residential facility wants the court to consider.
(ii) The responsible social services agency, where
appropriate, must advise the child, parent or guardian, the
foster parent, or representative of the residential facility of
the requirements of this section and of their right to submit
information to the court. If the child, parent or guardian,
foster parent, or representative of the residential facility
wants to send information to the court, the responsible social
services agency shall advise those persons of the reporting date
and the identifying information necessary for the court
administrator to accept the information and submit it to a judge
with the agency's report. The responsible social services
agency must also notify those persons that they have the right
to be heard in person by the court and how to exercise that
right. The responsible social services agency must also provide
notice that an in-court hearing will not be held unless
requested by a parent or guardian, foster parent, or the child.
(iii) After receiving the required report, the court has
jurisdiction to make the following determinations and must do so
within ten days of receiving the forwarded report: (A) whether
or not the placement of the child is in the child's best
interests; and (B) whether the parent and agency are
appropriately planning for the child. Unless requested by a
parent or guardian, foster parent, or child, no in-court hearing
need be held in order for the court to make findings and issue
an order under this paragraph.
(iv) If the court finds the placement is in the child's
best interests and that the agency and parent are appropriately
planning for the child, the court shall issue an order
containing explicit, individualized findings to support its
determination. The court shall send a copy of the order to the
county attorney, the responsible social services agency, the
parent or guardian, the child, and the foster parents. The
court shall also send the parent or guardian, the child, and the
foster parent notice of the required review under clause (2).
(v) If the court finds continuing the placement not to be
in the child's best interests or that the agency or the parent
or guardian is not appropriately planning for the child, the
court shall notify the county attorney, the responsible social
services agency, the parent or guardian, the foster parent, the
child, and the county attorney of the court's determinations and
the basis for the court's determinations.
(2) [PERMANENCY REVIEW BY PETITION.] If a child with a
developmental disability or an emotional disturbance continues
in out-of-home placement for 13 months from the date of a
voluntary placement, a petition alleging the child to be in need
of protection or services, for termination of parental rights,
or for permanent placement of the child away from the parent
under section 260C.201 shall be filed. The court shall conduct
a permanency hearing on the petition no later than 14 months
after the date of the voluntary placement. At the permanency
hearing, the court shall determine the need for an order
permanently placing the child away from the parent or determine
whether there are compelling reasons that continued voluntary
placement is in the child's best interests. A petition alleging
the child to be in need of protection or services shall state
the date of the voluntary placement agreement, the nature of the
child's developmental disability or emotional disturbance, the
plan for the ongoing care of the child, the parents'
participation in the plan, the responsible social services
agency's efforts to finalize a plan for the permanent placement
of the child, and the statutory basis for the petition.
(i) If a petition alleging the child to be in need of
protection or services is filed under this paragraph, the court
may find, based on the contents of the sworn petition, and the
agreement of all parties, including the child, where
appropriate, that there are compelling reasons that the
voluntary arrangement is in the best interests of the child and
that the responsible social services agency has made reasonable
efforts to finalize a plan for the permanent placement of the
child, approve the continued voluntary placement, and continue
the matter under the court's jurisdiction for the purpose of
reviewing the child's placement as a continued voluntary
arrangement every 12 months as long as the child continues in
out-of-home placement. The matter must be returned to the court
for further review every 12 months as long as the child remains
in placement. The court shall give notice to the parent or
guardian of the continued review requirements under this
section. Nothing in this paragraph shall be construed to mean
the court must order permanent placement for the child under
section 260C.201, subdivision 11, as long as the court finds
compelling reasons at the first review required under this
section.
(ii) If a petition for termination of parental rights, for
transfer of permanent legal and physical custody to a relative,
for long-term foster care, or for foster care for a specified
period of time is filed, the court must proceed under section
260C.201, subdivision 11.
(3) If any party, including the child, disagrees with the
voluntary arrangement, the court shall proceed under section
260C.163.
Sec. 20. Minnesota Statutes 2002, section 626.559,
subdivision 5, is amended to read:
Subd. 5. [REVENUE.] The commissioner of human services
shall add the following funds to the funds appropriated under
section 626.5591, subdivision 2, to develop and support training:
(a) The commissioner of human services shall submit claims
for federal reimbursement earned through the activities and
services supported through department of human services child
protection or child welfare training funds. Federal revenue
earned must be used to improve and expand training services by
the department. The department expenditures eligible for
federal reimbursement under this section must not be made from
federal funds or funds used to match other federal funds.
(b) Each year, the commissioner of human services shall
withhold from funds distributed to each county under Minnesota
Rules, parts 9550.0300 to 9550.0370, an amount equivalent to 1.5
percent of each county's annual title XX allocation under
section 256E.07 256M.50. The commissioner must use these funds
to ensure decentralization of training.
(c) The federal revenue under this subdivision is available
for these purposes until the funds are expended.
Sec. 21. [MEDICAL ASSISTANCE FOR MENTAL HEALTH SERVICES
PROVIDED IN OUT-OF-HOME PLACEMENT SETTINGS.]
The commissioner of human services shall develop a plan in
conjunction with the commissioner of corrections and
representatives from counties, provider groups, and other
stakeholders, to secure medical assistance funding for mental
health-related services provided in out-of-home placement
settings, including treatment foster care, group homes, and
residential programs licensed under Minnesota Statutes, chapters
241 and 245A. The plan must include proposed legislation,
fiscal implications, and other pertinent information.
Treatment foster care services must be provided by a child
placing agency licensed under Minnesota Rules, parts 9543.0010
to 9543.0150 or 9545.0755 to 9545.0845.
The commissioner shall report to the legislature by January
15, 2004.
Sec. 22. [TRANSITION TO CHILDREN'S THERAPEUTIC SERVICES
AND SUPPORTS.]
Beginning July 1, 2003, the commissioner shall use the
provider certification process under Minnesota Statutes, section
256B.0943, instead of the provider certification process
required in Minnesota Rules, parts 9505.0324; 9505.0326; and
9505.0327.
Sec. 23. [REVISOR'S INSTRUCTION.]
For sections in Minnesota Statutes and Minnesota Rules
affected by the repealed sections in this article, the revisor
shall delete internal cross-references where appropriate and
make changes necessary to correct the punctuation, grammar, or
structure of the remaining text and preserve its meaning.
Sec. 24. [REPEALER.]
(a) Minnesota Statutes 2002, sections 256B.0945,
subdivision 10, is repealed.
(b) Minnesota Statutes 2002, section 256B.0625,
subdivisions 35 and 36, are repealed effective July 1, 2004.
(c) Minnesota Rules, parts 9505.0324; 9505.0326; and
9505.0327, are repealed effective July 1, 2004.
ARTICLE 5
OCCUPATIONAL LICENSES
Section 1. Minnesota Statutes 2002, section 148C.01, is
amended by adding a subdivision to read:
Subd. 1a. [ACCREDITING ASSOCIATION.] "Accrediting
association" means an organization recognized by the
commissioner that evaluates schools and education programs of
alcohol and drug counseling or is listed in Nationally
Recognized Accrediting Agencies and Associations, Criteria and
Procedures for Listing by the U.S. Secretary of Education and
Current List (1996), which is incorporated by reference.
Sec. 2. Minnesota Statutes 2002, section 148C.01,
subdivision 2, is amended to read:
Subd. 2. [ALCOHOL AND DRUG COUNSELOR.] "Alcohol and drug
counselor" or "counselor" means a person who:
(1) uses, as a representation to the public, any title,
initials, or description of services incorporating the words
"alcohol and drug counselor";
(2) offers to render professional alcohol and drug
counseling services relative to the abuse of or the dependency
on alcohol or other drugs to the general public or groups,
organizations, corporations, institutions, or government
agencies for compensation, implying that the person is licensed
and trained, experienced or expert in alcohol and drug
counseling;
(3) holds a valid license issued under sections 148C.01 to
148C.11 this chapter to engage in the practice of alcohol and
drug counseling; or
(4) is an applicant for an alcohol and drug counseling
license.
Sec. 3. Minnesota Statutes 2002, section 148C.01, is
amended by adding a subdivision to read:
Subd. 2a. [ALCOHOL AND DRUG COUNSELOR ACADEMIC COURSE
WORK.] "Alcohol and drug counselor academic course work" means
classroom education, which is directly related to alcohol and
drug counseling and meets the requirements of section 148C.04,
subdivision 5a, and is taken through an accredited school or
educational program.
Sec. 4. Minnesota Statutes 2002, section 148C.01, is
amended by adding a subdivision to read:
Subd. 2b. [ALCOHOL AND DRUG COUNSELOR CONTINUING EDUCATION
ACTIVITY.] "Alcohol and drug counselor continuing education
activity" means clock hours that meet the requirements of
section 148C.075 and Minnesota Rules, part 4747.1100, and are
obtained by a licensee at educational programs of annual
conferences, lectures, panel discussions, workshops, seminars,
symposiums, employer-sponsored inservices, or courses taken
through accredited schools or education programs, including home
study courses. A home study course need not be provided by an
accredited school or education program to meet continuing
education requirements.
Sec. 5. Minnesota Statutes 2002, section 148C.01, is
amended by adding a subdivision to read:
Subd. 2c. [ALCOHOL AND DRUG COUNSELOR
TECHNICIAN.] "Alcohol and drug counselor technician" means a
person not licensed as an alcohol and drug counselor who is
performing acts authorized under section 148C.045.
Sec. 6. Minnesota Statutes 2002, section 148C.01, is
amended by adding a subdivision to read:
Subd. 2d. [ALCOHOL AND DRUG COUNSELOR TRAINING.] "Alcohol
and drug counselor training" means clock hours obtained by an
applicant at educational programs of annual conferences,
lectures, panel discussions, workshops, seminars, symposiums,
employer-sponsored inservices, or courses taken through
accredited schools or education programs, including home study
courses. Clock hours obtained from accredited schools or
education programs must be measured under Minnesota Rules, part
4747.1100, subpart 5.
Sec. 7. Minnesota Statutes 2002, section 148C.01, is
amended by adding a subdivision to read:
Subd. 2f. [CLOCK HOUR.] "Clock hour" means an
instructional session of 50 consecutive minutes, excluding
coffee breaks, registration, meals without a speaker, and social
activities.
Sec. 8. Minnesota Statutes 2002, section 148C.01, is
amended by adding a subdivision to read:
Subd. 2g. [CREDENTIAL.] "Credential" means a license,
permit, certification, registration, or other evidence of
qualification or authorization to engage in the practice of an
occupation.
Sec. 9. Minnesota Statutes 2002, section 148C.01, is
amended by adding a subdivision to read:
Subd. 4a. [LICENSEE.] "Licensee" means a person who holds
a valid license under this chapter.
Sec. 10. Minnesota Statutes 2002, section 148C.01, is
amended by adding a subdivision to read:
Subd. 11a. [STUDENT.] "Student" means a person enrolled in
an alcohol and drug counselor education program at an accredited
school or educational program and earning a minimum of nine
semester credits per calendar year towards completion of an
associate's, bachelor's, master's, or doctorate degree
requirements that include an additional 18 semester credits or
270 clock hours of alcohol and drug counseling specific course
work and 440 clock hours of practicum.
Sec. 11. Minnesota Statutes 2002, section 148C.01,
subdivision 12, is amended to read:
Subd. 12. [SUPERVISED ALCOHOL AND DRUG COUNSELING
EXPERIENCE COUNSELOR.] Except during the transition period,
"Supervised alcohol and drug counseling experience counselor"
means practical experience gained by a student, volunteer, or
either before, during, or after the student completes a program
from an accredited school or educational program of alcohol and
drug counseling, an intern, and or a person issued a temporary
permit under section 148C.04, subdivision 4, and who is
supervised by a person either licensed under this chapter or
exempt under its provisions; either before, during, or after the
student completes a program from an accredited school or
educational program of alcohol and drug counseling.
Sec. 12. Minnesota Statutes 2002, section 148C.01, is
amended by adding a subdivision to read:
Subd. 12a. [SUPERVISOR.] "Supervisor" means a licensed
alcohol and drug counselor licensed under this chapter or other
licensed professional practicing alcohol and drug counseling
under section 148C.11 who monitors activities of and accepts
legal liability for the person practicing under supervision. A
supervisor shall supervise no more than three trainees
practicing under section 148C.04, subdivision 6.
Sec. 13. Minnesota Statutes 2002, section 148C.03,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The commissioner shall, after
consultation with the advisory council or a committee
established by rule:
(a) adopt and enforce rules for licensure of alcohol and
drug counselors, including establishing standards and methods of
determining whether applicants and licensees are qualified under
section 148C.04. The rules must provide for examinations and
establish standards for the regulation of professional conduct.
The rules must be designed to protect the public;
(b) develop and, at least twice a year, administer an
examination to assess applicants' knowledge and skills. The
commissioner may contract for the administration of an
examination with an entity designated by the commissioner. The
examinations must be psychometrically valid and reliable; must
be written and oral, with the oral examination based on a
written case presentation; must minimize cultural bias; and must
be balanced in various theories relative to the practice of
alcohol and drug counseling;
(c) issue licenses to individuals qualified under sections
148C.01 to 148C.11;
(d) issue copies of the rules for licensure to all
applicants;
(e) adopt rules to establish and implement procedures,
including a standard disciplinary process and rules of
professional conduct;
(f) carry out disciplinary actions against licensees;
(g) establish, with the advice and recommendations of the
advisory council, written internal operating procedures for
receiving and investigating complaints and for taking
disciplinary actions as appropriate;
(h) educate the public about the existence and content of
the rules for alcohol and drug counselor licensing to enable
consumers to file complaints against licensees who may have
violated the rules;
(i) evaluate the rules in order to refine and improve the
methods used to enforce the commissioner's standards; and
(j) set, collect, and adjust license fees for alcohol and
drug counselors so that the total fees collected will as closely
as possible equal anticipated expenditures during the biennium,
as provided in section 16A.1285; fees for initial and renewal
application and examinations; late fees for counselors who
submit license renewal applications after the renewal deadline;
and a surcharge fee. The surcharge fee must include an amount
necessary to recover, over a five-year period, the
commissioner's direct expenditures for the adoption of the rules
providing for the licensure of alcohol and drug counselors. All
fees received shall be deposited in the state treasury and
credited to the special revenue fund.
Sec. 14. Minnesota Statutes 2002, section 148C.0351,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION FORMS.] Unless exempted under
section 148C.11, a person who practices alcohol and drug
counseling in Minnesota must:
(1) apply to the commissioner for a license to practice
alcohol and drug counseling on forms provided by the
commissioner;
(2) include with the application a statement that the
statements in the application are true and correct to the best
of the applicant's knowledge and belief;
(3) include with the application a nonrefundable
application fee specified by the commissioner in section
148C.12;
(4) include with the application information describing the
applicant's experience, including the number of years and months
the applicant has practiced alcohol and drug counseling as
defined in section 148C.01;
(5) include with the application the applicant's business
address and telephone number, or home address and telephone
number if the applicant conducts business out of the home, and
if applicable, the name of the applicant's supervisor, manager,
and employer;
(6) include with the application a written and signed
authorization for the commissioner to make inquiries to
appropriate state regulatory agencies and private credentialing
organizations in this or any other state where the applicant has
practiced alcohol and drug counseling; and
(7) complete the application in sufficient detail for the
commissioner to determine whether the applicant meets the
requirements for filing. The commissioner may ask the applicant
to provide additional information necessary to clarify
incomplete or ambiguous information submitted in the application.
Sec. 15. Minnesota Statutes 2002, section 148C.0351, is
amended by adding a subdivision to read:
Subd. 4. [INITIAL LICENSE; TERM.] (a) An initial license
is effective on the date the commissioner indicates on the
license certificate, with the license number, sent to the
applicant upon approval of the application.
(b) An initial license is valid for a period beginning with
the effective date in paragraph (a) and ending on the date
specified by the commissioner on the license certificate placing
the applicant in an existing two-year renewal cycle, as
established under section 148C.05, subdivision 1.
Sec. 16. [148C.0355] [COMMISSIONER ACTION ON APPLICATIONS
FOR LICENSURE.]
The commissioner shall act on each application for
licensure within 90 days from the date the completed application
and all required information is received by the commissioner.
The commissioner shall determine if the applicant meets the
requirements for licensure and whether there are grounds for
denial of licensure under this chapter. If the commissioner
denies an application on grounds other than the applicant's
failure of an examination, the commissioner shall:
(1) notify the applicant, in writing, of the denial and the
reason for the denial and provide the applicant 30 days from the
date of the letter informing the applicant of the denial in
which the applicant may provide additional information to
address the reasons for the denial. If the applicant does not
respond in writing to the commissioner within the 30-day period,
the denial is final. If the commissioner receives additional
information, the commissioner shall review it and make a final
determination thereafter;
(2) notify the applicant that an application submitted
following denial is a new application and must be accompanied by
the appropriate fee as specified in section 148C.12; and
(3) notify the applicant of the right to request a hearing
under chapter 14.
Sec. 17. Minnesota Statutes 2002, section 148C.04, is
amended to read:
148C.04 [REQUIREMENTS FOR LICENSURE.]
Subdivision 1. [GENERAL REQUIREMENTS.] The commissioner
shall issue licenses to the individuals qualified under sections
148C.01 to 148C.11 this chapter to practice alcohol and drug
counseling.
Subd. 2. [FEE.] Each applicant shall pay a nonrefundable
fee set by the commissioner pursuant to section 148C.03 as
specified in section 148C.12. Fees paid to the commissioner
shall be deposited in the special revenue fund.
Subd. 3. [LICENSING REQUIREMENTS FOR THE FIRST FIVE
YEARS LICENSURE BEFORE JULY 1, 2008.] For five years after the
effective date of the rules authorized in section 148C.03,
the An applicant, unless qualified under section 148C.06 during
the 25-month period authorized therein, under section 148C.07,
or under subdivision 4, for a license must furnish evidence
satisfactory to the commissioner that the applicant has met all
the requirements in clauses (1) to (3). The applicant must have:
(1) received an associate degree, or an equivalent number
of credit hours, and a certificate in alcohol and drug
counseling, including 18 semester credits or 270 clock hours of
alcohol and drug counseling classroom education academic course
work in accordance with subdivision 5a, paragraph (a), from an
accredited school or educational program and 880 clock hours of
supervised alcohol and drug counseling practicum;
(2) completed a written case presentation and
satisfactorily passed an oral examination established by the
commissioner that demonstrates competence in the core functions;
and
(3) satisfactorily passed a written examination as
established by the commissioner.
Subd. 4. [LICENSING REQUIREMENTS AFTER FIVE YEARS FOR
LICENSURE AFTER JULY 1, 2008.] Beginning five years after the
effective date of the rules authorized in section 148C.03,
subdivision 1 , An applicant for licensure a license must submit
evidence to the commissioner that the applicant has met one of
the following requirements:
(1) the applicant must have:
(i) received a bachelor's degree from an accredited school
or educational program, including 480 18 semester credits or 270
clock hours of alcohol and drug counseling education academic
course work in accordance with subdivision 5a, paragraph (a),
from an accredited school or educational program and 880 clock
hours of supervised alcohol and drug counseling practicum;
(ii) completed a written case presentation and
satisfactorily passed an oral examination established by the
commissioner that demonstrates competence in the core functions;
and
(iii) satisfactorily passed a written examination as
established by the commissioner; or
(2) the applicant must meet the requirements of section
148C.07.
Subd. 5a. [ACADEMIC COURSE WORK.] (a) Minimum academic
course work requirements for licensure as referred to under
subdivision 3, clause (1), and subdivision 4, clause (1), item
(i), must be in the following areas:
(1) overview of alcohol and drug counseling focusing on the
transdisciplinary foundations of alcohol and drug counseling and
providing an understanding of theories of chemical dependency,
the continuum of care, and the process of change;
(2) pharmacology of substance abuse disorders and the
dynamics of addiction;
(3) screening, intake, assessment, and treatment planning;
(4) counseling theory and practice, crisis intervention,
orientation, and client education;
(5) case management, consultation, referral, treatment
planning, reporting, record keeping, and professional and
ethical responsibilities; and
(6) multicultural aspects of chemical dependency to include
awareness of learning outcomes described in Minnesota Rules,
part 4747.1100, subpart 2, and the ability to know when
consultation is needed.
(b) Advanced academic course work includes, at a minimum,
the course work required in paragraph (a) and additional course
work in the following areas:
(1) advanced study in the areas listed in paragraph (a);
(2) chemical dependency and the family;
(3) treating substance abuse disorders in culturally
diverse and identified populations;
(4) dual diagnoses/co-occurring disorders with substance
abuse disorders; and
(5) ethics and chemical dependency.
Subd. 6. [TEMPORARY PRACTICE PERMIT REQUIREMENTS.] (a) A
person may temporarily The commissioner shall issue a temporary
permit to practice alcohol and drug counseling prior to being
licensed under this chapter if the person:
(1) either:
(i) meets the associate degree education and practicum
requirements of subdivision 3, clause (1);
(ii) meets the bachelor's degree education and practicum
requirements of subdivision 4, clause (1), item (i); or
(iii) submits verification of a current and unrestricted
credential for the practice of alcohol and drug counseling from
a national certification body or a certification or licensing
body from another state, United States territory, or federally
recognized tribal authority;
(ii) submits verification of the completion of at least 64
semester credits, including 270 clock hours or 18 semester
credits of formal classroom education in alcohol and drug
counseling and at least 880 clock hours of alcohol and drug
counseling practicum from an accredited school or educational
program; or
(iii) meets the requirements of section 148C.11,
subdivision 6, clauses (1), (2), and (5);
(2) requests applies, in writing, temporary practice status
with the commissioner on an application form according to
section 148C.0351 provided by the commissioner, which includes
the nonrefundable license temporary permit fee as specified in
section 148C.12 and an affirmation by the person's supervisor,
as defined in paragraph (b) (c), clause (1), and which is signed
and dated by the person and the person's supervisor; and
(3) has not been disqualified to practice temporarily on
the basis of a background investigation under section 148C.09,
subdivision 1a; and.
(4) has been notified (b) The commissioner must notify the
person in writing within 90 days from the date the completed
application and all required information is received by the
commissioner that whether the person is qualified to practice
under this subdivision.
(b) (c) A person practicing under this subdivision:
(1) may practice only in a program licensed by the
department of human services and under tribal jurisdiction or
under the direct, on-site supervision of a person who is
licensed under this chapter and employed in that licensed
program;
(2) is subject to the rules of professional conduct set by
rule; and
(3) is not subject to the continuing education requirements
of section 148C.05 148C.075.
(c) (d) A person practicing under this subdivision may not
must use with the public any the title or description stating or
implying that the person is licensed to engage a trainee engaged
in the practice of alcohol and drug counseling.
(d) (e) The temporary status of A person applying for
temporary practice practicing under this subdivision expires on
the date the commissioner grants or denies licensing must
annually submit a renewal application on forms provided by the
commissioner with the renewal fee required in section 148C.12,
subdivision 3, and the commissioner may renew the temporary
permit if the trainee meets the requirements of this
subdivision. A trainee may renew a practice permit no more than
five times.
(e) (f) A temporary permit expires if not renewed, upon a
change of employment of the trainee or upon a change in
supervision, or upon the granting or denial by the commissioner
of a license.
Subd. 7. [EFFECT AND SUSPENSION OF TEMPORARY PRACTICE
PERMIT.] Approval of a person's application for
temporary practice permit creates no rights to or expectation of
approval from the commissioner for licensure as an alcohol and
drug counselor. The commissioner may suspend or restrict a
person's temporary practice permit status according to section
148C.09.
[EFFECTIVE DATE.] Subdivisions 1, 2, 3, 4, and 5a are
effective January 28, 2003. Subdivision 6 is effective July 1,
2003.
Sec. 18. [148C.045] [ALCOHOL AND DRUG COUNSELOR
TECHNICIAN.]
An alcohol and drug counselor technician may perform the
services described in section 148C.01, subdivision 9, paragraphs
(1), (2), and (3), while under the direct supervision of a
licensed alcohol and drug counselor.
Sec. 19. Minnesota Statutes 2002, section 148C.05,
subdivision 1, is amended to read:
Subdivision 1. [BIENNIAL RENEWAL REQUIREMENTS.] To renew a
license, an applicant must:
(1) complete a renewal application every two years on a
form provided by the commissioner and submit the biennial
renewal fee by the deadline; and
(2) submit additional information if requested by the
commissioner to clarify information presented in the renewal
application. This information must be submitted within 30 days
of the commissioner's request. A license must be renewed every
two years.
Sec. 20. Minnesota Statutes 2002, section 148C.05, is
amended by adding a subdivision to read:
Subd. 1a. [RENEWAL REQUIREMENTS.] To renew a license, an
applicant must submit to the commissioner:
(1) a completed and signed application for license renewal,
including a signed consent authorizing the commissioner to
obtain information about the applicant from third parties,
including, but not limited to, employers, former employers, and
law enforcement agencies;
(2) the renewal fee required under section 148C.12; and
(3) additional information as requested by the commissioner
to clarify information presented in the renewal application.
The licensee must submit information within 30 days of the date
of the commissioner's request.
Sec. 21. Minnesota Statutes 2002, section 148C.05, is
amended by adding a subdivision to read:
Subd. 5. [LICENSE RENEWAL NOTICE.] At least 60 calendar
days before the renewal deadline date in subdivision 6, the
commissioner shall mail a renewal notice to the licensee's last
known address on file with the commissioner. The notice must
include an application for license renewal, the renewal
deadline, and notice of fees required for renewal. The
licensee's failure to receive notice does not relieve the
licensee of the obligation to meet the renewal deadline and
other requirements for license renewal.
Sec. 22. Minnesota Statutes 2002, section 148C.05, is
amended by adding a subdivision to read:
Subd. 6. [RENEWAL DEADLINE AND LAPSE OF LICENSURE.] (a)
Licensees must comply with paragraphs (b) to (d).
(b) Each license certificate must state an expiration
date. An application for license renewal must be received by
the commissioner or postmarked at least 30 calendar days before
the expiration date. If the postmark is illegible, the
application must be considered timely if received at least 21
calendar days before the expiration date.
(c) An application for license renewal not received within
the time required under paragraph (b) must be accompanied by a
late fee in addition to the renewal fee required in section
148C.12.
(d) A licensee's license lapses if the licensee fails to
submit to the commissioner a license renewal application by the
licensure expiration date. A licensee shall not engage in the
practice of alcohol and drug counseling while the license is
lapsed. A licensee whose license has lapsed may renew the
license by complying with section 148C.055.
Sec. 23. [148C.055] [INACTIVE OR LAPSED LICENSE.]
Subdivision 1. [INACTIVE LICENSE STATUS.] Unless a
complaint is pending against the licensee, a licensee whose
license is in good standing may request, in writing, that the
license be placed on the inactive list. If a complaint is
pending against a licensee, a license may not be placed on the
inactive list until action relating to the complaint is
concluded. The commissioner must receive the request for
inactive status before expiration of the license. A request for
inactive status received after the license expiration date must
be denied. A licensee may renew a license that is inactive
under this subdivision by meeting the renewal requirements of
subdivision 2, except that payment of a late renewal fee is not
required. A licensee must not practice alcohol and drug
counseling while the license is inactive.
Subd. 2. [RENEWAL OF INACTIVE LICENSE.] A licensee whose
license is inactive shall renew the inactive status by the
inactive status expiration date determined by the commissioner
or the license will lapse. An application for renewal of
inactive status must include evidence satisfactory to the
commissioner that the licensee has completed 40 clock hours of
continuing professional education required in section 148C.075,
and be received by the commissioner at least 30 calendar days
before the expiration date. If the postmark is illegible, the
application must be considered timely if received at least 21
calendar days before the expiration date. Late renewal of
inactive status must be accompanied by a late fee as required in
section 148C.12.
Subd. 3. [RENEWAL OF LAPSED LICENSE.] An individual whose
license has lapsed for less than two years may renew the license
by submitting:
(1) a completed and signed license renewal application;
(2) the inactive license renewal fee or the renewal fee and
the late fee as required under section 148C.12; and
(3) proof of having met the continuing education
requirements in section 148C.075 since the individual's initial
licensure or last license renewal. The license issued is then
effective for the remainder of the next two-year license cycle.
Subd. 4. [LICENSE RENEWAL FOR TWO YEARS OR MORE AFTER
LICENSE EXPIRATION DATE.] An individual who submitted a license
renewal two years or more after the license expiration date must
submit the following:
(1) a completed and signed application for licensure, as
required by section 148C.0351;
(2) the initial license fee as required in section 148C.12;
and
(3) verified documentation of having achieved a passing
score within the past year on an examination required by the
commissioner.
Sec. 24. Minnesota Statutes 2002, section 148C.07, is
amended to read:
148C.07 [RECIPROCITY.]
The commissioner shall issue an appropriate license to (a)
An individual who holds a current license or other credential to
engage in alcohol and drug counseling national certification as
an alcohol and drug counselor from another jurisdiction if the
commissioner finds that the requirements for that credential are
substantially similar to the requirements in sections 148C.01 to
148C.11 must file with the commissioner a completed application
for licensure by reciprocity containing the information required
under this section.
(b) The applicant must request the credentialing authority
of the jurisdiction in which the credential is held to send
directly to the commissioner a statement that the credential is
current and in good standing, the applicant's qualifications
that entitled the applicant to the credential, and a copy of the
jurisdiction's credentialing laws and rules that were in effect
at the time the applicant obtained the credential.
(c) The commissioner shall issue a license if the
commissioner finds that the requirements, which the applicant
had to meet to obtain the credential from the other jurisdiction
were substantially similar to the current requirements for
licensure in this chapter, and the applicant is not otherwise
disqualified under section 148C.09.
Sec. 25. [148C.075] [CONTINUING EDUCATION REQUIREMENTS.]
Subdivision 1. [GENERAL REQUIREMENTS.] The commissioner
shall establish a two-year continuing education reporting
schedule requiring licensees to report completion of the
requirements of this section. Licensees must document
completion of a minimum of 40 clock hours of continuing
education activities each reporting period. A licensee may be
given credit only for activities that directly relate to the
practice of alcohol and drug counseling, the core functions, or
the rules of professional conduct in Minnesota Rules, part
4747.1400. The continuing education reporting form must require
reporting of the following information:
(1) the continuing education activity title;
(2) a brief description of the continuing education
activity;
(3) the sponsor, presenter, or author;
(4) the location and attendance dates;
(5) the number of clock hours; and
(6) a statement that the information is true and correct to
the best knowledge of the licensee.
Only continuing education obtained during the previous
two-year reporting period may be considered at the time of
reporting. Clock hours must be earned and reported in
increments of one-half clock hour with a minimum of one clock
hour for each continuing education activity.
Subd. 2. [CONTINUING EDUCATION REQUIREMENTS FOR LICENSEE'S
FIRST FOUR YEARS.] A licensee must, as part of meeting the clock
hour requirement of this section, obtain and document 18 hours
of cultural diversity training within the first four years after
the licensee's initial license effective date according to the
commissioner's reporting schedule.
Subd. 3. [CONTINUING EDUCATION REQUIREMENTS AFTER
LICENSEE'S INITIAL FOUR YEARS.] Beginning four years following a
licensee's initial license effective date and according to the
board's reporting schedule, a licensee must document completion
of a minimum of six clock hours each reporting period of
cultural diversity training. Licensees must also document
completion of six clock hours in courses directly related to the
rules of professional conduct in Minnesota Rules, part 4747.1400.
Subd. 4. [STANDARDS FOR APPROVAL.] In order to obtain
clock hour credit for a continuing education activity, the
activity must:
(1) constitute an organized program of learning;
(2) reasonably be expected to advance the knowledge and
skills of the alcohol and drug counselor;
(3) pertain to subjects that directly relate to the
practice of alcohol and drug counseling and the core functions
of an alcohol and drug counselor, or the rules of professional
conduct in Minnesota Rules, part 4747.1400;
(4) be conducted by individuals who have education,
training, and experience and are knowledgeable about the subject
matter; and
(5) be presented by a sponsor who has a system to verify
participation and maintains attendance records for three years,
unless the sponsor provides dated evidence to each participant
with the number of clock hours awarded.
Sec. 26. Minnesota Statutes 2002, section 148C.10,
subdivision 1, is amended to read:
Subdivision 1. [PRACTICE.] After the commissioner adopts
rules, No individual person, other than those individuals
exempted under section 148C.11, or 148C.045, shall engage in
alcohol and drug counseling practice unless that individual
holds a valid license without first being licensed under this
chapter as an alcohol and drug counselor. For purposes of this
chapter, an individual engages in the practice of alcohol and
drug counseling if the individual performs or offers to perform
alcohol and drug counseling services as defined in section
148C.01, subdivision 10, or if the individual is held out as
able to perform those services.
Sec. 27. Minnesota Statutes 2002, section 148C.10,
subdivision 2, is amended to read:
Subd. 2. [USE OF TITLES.] After the commissioner adopts
rules, No individual person shall present themselves or any
other individual to the public by any title incorporating the
words "licensed alcohol and drug counselor" or otherwise hold
themselves out to the public by any title or description stating
or implying that they are licensed or otherwise qualified to
practice alcohol and drug counseling unless that individual
holds a valid license. City, county, and state agency alcohol
and drug counselors who are not licensed under sections 148C.01
to 148C.11 may use the title "city agency alcohol and drug
counselor," "county agency alcohol and drug counselor," or
"state agency alcohol and drug counselor." Hospital alcohol and
drug counselors who are not licensed under sections 148C.01 to
148C.11 may use the title "hospital alcohol and drug counselor"
while acting within the scope of their employment Persons issued
a temporary permit must use titles consistent with section
148C.04, subdivision 6, paragraph (c).
Sec. 28. Minnesota Statutes 2002, section 148C.11, is
amended to read:
148C.11 [EXCEPTIONS TO LICENSE REQUIREMENT.]
Subdivision 1. [OTHER PROFESSIONALS.] (a) Nothing in
sections 148C.01 to 148C.10 shall prevent this chapter prevents
members of other professions or occupations from performing
functions for which they are qualified or licensed. This
exception includes, but is not limited to, licensed physicians,
registered nurses, licensed practical nurses, licensed
psychological practitioners, members of the clergy, American
Indian medicine men and women, licensed attorneys, probation
officers, licensed marriage and family therapists, licensed
social workers, licensed professional counselors, licensed
school counselors, and registered occupational therapists or
occupational therapy assistants.
(b) Nothing in this chapter prohibits technicians and
resident managers in programs licensed by the department of
human services from discharging their duties as provided in
Minnesota Rules, chapter 9530.
(c) Any person who is exempt under this section but who
elects to obtain a license under this chapter is subject to this
chapter to the same extent as other licensees.
(d) These persons must not, however, use a title
incorporating the words "alcohol and drug counselor" or
"licensed alcohol and drug counselor" or otherwise hold
themselves out to the public by any title or description stating
or implying that they are engaged in the practice of alcohol and
drug counseling, or that they are licensed to engage in the
practice of alcohol and drug counseling. Persons engaged in the
practice of alcohol and drug counseling are not exempt from the
commissioner's jurisdiction solely by the use of one of the
above titles.
Subd. 2. [STUDENTS.] Nothing in sections 148C.01 to
148C.10 shall prevent students enrolled in an accredited school
of alcohol and drug counseling from engaging in the practice of
alcohol and drug counseling while under qualified supervision in
an accredited school of alcohol and drug counseling.
Subd. 3. [FEDERALLY RECOGNIZED TRIBES; ETHNIC MINORITIES.]
(a) Alcohol and drug counselors licensed to practice practicing
alcohol and drug counseling according to standards established
by federally recognized tribes, while practicing under tribal
jurisdiction, are exempt from the requirements of this chapter.
In practicing alcohol and drug counseling under tribal
jurisdiction, individuals licensed practicing under that
authority shall be afforded the same rights, responsibilities,
and recognition as persons licensed pursuant to this chapter.
(b) The commissioner shall develop special licensing
criteria for issuance of a license to alcohol and drug
counselors who: (1) practice alcohol and drug counseling with a
member of an ethnic minority population or with a person with a
disability as defined by rule; or (2) are employed by agencies
whose primary agency service focus addresses ethnic minority
populations or persons with a disability as defined by rule.
These licensing criteria may differ from the licensing
criteria requirements specified in section 148C.04. To develop,
implement, and evaluate the effect of these criteria, the
commissioner shall establish a committee comprised of, but not
limited to, representatives from the Minnesota commission
serving deaf and hard-of-hearing people, the council on affairs
of Chicano/Latino people, the council on Asian-Pacific
Minnesotans, the council on Black Minnesotans, the council on
disability, and the Indian affairs council. The committee does
not expire.
(c) The commissioner shall issue a license to an applicant
who (1) is an alcohol and drug counselor who is exempt under
paragraph (a) from the requirements of this chapter; (2) has at
least 2,000 hours of alcohol and drug counselor experience as
defined by the core functions; and (3) meets the licensing
requirements that are in effect on the date of application under
section 148C.04, subdivision 3 or 4, except the written case
presentation and oral examination component under section
148C.04, subdivision 3, clause (2), or 4, clause (1), item
(ii). When applying for a license under this paragraph, an
applicant must follow the procedures for admission to licensure
specified under section 148C.0351. A person who receives a
license under this paragraph must complete the written case
presentation and satisfactorily pass the oral examination
component under section 148C.04, subdivision 3, clause (2), or
4, clause (1), item (ii), at the earliest available opportunity
after the commissioner begins administering oral examinations.
The commissioner may suspend or restrict a person's license
according to section 148C.09 if the person fails to complete the
written case presentation and satisfactorily pass the oral
examination. This paragraph expires July 1, 2004.
Subd. 4. [HOSPITAL ALCOHOL AND DRUG COUNSELORS.] The
licensing of hospital alcohol and drug counselors shall be
voluntary, while the counselor is employed by the hospital.
Effective January 1, 2006, hospitals employing alcohol and drug
counselors shall not be required to employ licensed alcohol and
drug counselors, nor shall they require their alcohol and drug
counselors to be licensed, however, nothing in this chapter will
prohibit hospitals from requiring their counselors to be
eligible for licensure. An alcohol or drug counselor employed
by a hospital must be licensed as an alcohol and drug counselor
in accordance with this chapter.
Subd. 5. [CITY, COUNTY, AND STATE AGENCY ALCOHOL AND DRUG
COUNSELORS.] The licensing of city, county, and state agency
alcohol and drug counselors shall be voluntary, while the
counselor is employed by the city, county, or state agency.
Effective January 1, 2006, city, county, and state agencies
employing alcohol and drug counselors shall not be required to
employ licensed alcohol and drug counselors, nor shall they
require their drug and alcohol counselors to be licensed. An
alcohol and drug counselor employed by a city, county, or state
agency must be licensed as an alcohol and drug counselor in
accordance with this chapter.
Subd. 6. [TRANSITION PERIOD FOR HOSPITAL AND CITY, COUNTY,
AND STATE AGENCY ALCOHOL AND DRUG COUNSELORS.] For the period
between July 1, 2003, and January 1, 2006, the commissioner
shall grant a license to an individual who is employed as an
alcohol and drug counselor at a Minnesota hospital or a city,
county, or state agency in Minnesota if the individual:
(1) was employed as an alcohol and drug counselor at a
hospital or a city, county, or state agency before August 1,
2002;
(2) has 8,000 hours of alcohol and drug counselor work
experience;
(3) has completed a written case presentation and
satisfactorily passed an oral examination established by the
commissioner;
(4) has satisfactorily passed a written examination as
established by the commissioner; and
(5) meets the requirements in section 148C.0351.
Sec. 29. [148C.12] [FEES.]
Subdivision 1. [APPLICATION FEE.] The application fee is
$295.
Subd. 2. [BIENNIAL RENEWAL FEE.] The license renewal fee
is $295. If the commissioner changes the renewal schedule and
the expiration date is less than two years, the fee must be
prorated.
Subd. 3. [TEMPORARY PERMIT FEE.] The initial fee for
applicants under section 148C.04, subdivision 6, paragraph (a),
is $100. The fee for annual renewal of a temporary permit is
$100.
Subd. 4. [EXAMINATION FEE.] The examination fee for the
written examination is $95 and for the oral examination is $200.
Subd. 5. [INACTIVE RENEWAL FEE.] The inactive renewal fee
is $150.
Subd. 6. [LATE FEE.] The late fee is 25 percent of the
biennial renewal fee, the inactive renewal fee, or the annual
fee for renewal of temporary practice status.
Subd. 7. [FEE TO RENEW AFTER EXPIRATION OF LICENSE.] The
fee for renewal of a license that has expired for less than two
years is the total of the biennial renewal fee, the late fee,
and a fee of $100 for review and approval of the continuing
education report.
Subd. 8. [FEE FOR LICENSE VERIFICATIONS.] The fee for
license verification to institutions and other jurisdictions is
$25.
Subd. 9. [SURCHARGE FEE.] Notwithstanding section
16A.1285, subdivision 2, a surcharge of $99 shall be paid at the
time of initial application for or renewal of an alcohol and
drug counselor license until June 30, 2013.
Subd. 10. [NONREFUNDABLE FEES.] All fees are nonrefundable.
Sec. 30. [REPEALER.]
(a) Minnesota Statutes 2002, sections 148C.0351,
subdivision 2; 148C.05, subdivisions 2, 3, and 4; 148C.06; and
148C.10, subdivision 1a, are repealed.
(b) Minnesota Rules, parts 4747.0030, subparts 25, 28, and
30; 4747.0040, subpart 3, item A; 4747.0060, subpart 1, items A,
B, and D; 4747.0070, subparts 4 and 5; 4747.0080; 4747.0090;
4747.0100; 4747.0300; 4747.0400, subparts 2 and 3; 4747.0500;
4747.0600; 4747.1000; 4747.1100, subpart 3; and 4747.1600, are
repealed.
ARTICLE 6
HUMAN SERVICES LICENSING, COUNTY INITIATIVES,
AND MISCELLANEOUS
Section 1. Minnesota Statutes 2002, section 69.021,
subdivision 11, is amended to read:
Subd. 11. [EXCESS POLICE STATE-AID HOLDING ACCOUNT.] (a)
The excess police state-aid holding account is established in
the general fund. The excess police state-aid holding account
must be administered by the commissioner.
(b) Excess police state aid determined according to
subdivision 10, must be deposited in the excess police state-aid
holding account.
(c) From the balance in the excess police state-aid holding
account, $1,000,000 $900,000 is appropriated to and must be
transferred annually to the ambulance service personnel
longevity award and incentive suspense account established by
section 144E.42, subdivision 2.
(d) If a police officer stress reduction program is created
by law and money is appropriated for that program, an amount
equal to that appropriation must be transferred from the balance
in the excess police state-aid holding account.
(e) On October 1, 1997, and annually on each subsequent
October 1, one-half of the balance of the excess police
state-aid holding account remaining after the deductions under
paragraphs (c) and (d) is appropriated for additional
amortization aid under section 423A.02, subdivision 1b.
(f) Annually, the remaining balance in the excess police
state-aid holding account, after the deductions under paragraphs
(c), (d), and (e), cancels to the general fund.
Sec. 2. Minnesota Statutes 2002, section 245.0312, is
amended to read:
245.0312 [DESIGNATING SPECIAL UNITS AND REGIONAL CENTERS.]
Notwithstanding any provision of law to the contrary,
during the biennium, the commissioner of human services, upon
the approval of the governor after consulting with the
legislative advisory commission, may designate portions of
hospitals for the mentally ill state-operated services
facilities under the commissioner's control as special care
units for mentally retarded or inebriate persons, or as nursing
homes for persons over the age of 65, and may designate portions
of the hospitals designated in Minnesota Statutes 1969, section
252.025, subdivision 1, as special care units for mentally ill
or inebriate persons, and may plan to develop all hospitals for
mentally ill, mentally retarded, or inebriate persons under the
commissioner's control as multipurpose regional centers for
programs related to all of the said problems.
If approved by the governor, the commissioner may rename
the state hospital as a state regional center and appoint the
hospital administrator as administrator of the center, in
accordance with section 246.0251.
The directors of the separate program units of regional
centers shall be responsible directly to the commissioner at the
discretion of the commissioner.
Sec. 3. [245.945] [REIMBURSEMENT TO OMBUDSMAN FOR MENTAL
HEALTH AND MENTAL RETARDATION.]
The commissioner shall obtain federal financial
participation for eligible activity by the ombudsman for mental
health and mental retardation. The ombudsman shall maintain and
transmit to the department of human services documentation that
is necessary in order to obtain federal funds.
Sec. 4. Minnesota Statutes 2002, section 245A.035,
subdivision 3, is amended to read:
Subd. 3. [REQUIREMENTS FOR EMERGENCY LICENSE.] Before an
emergency license may be issued, the following requirements must
be met:
(1) the county agency must conduct an initial inspection of
the premises where the foster care is to be provided to ensure
the health and safety of any child placed in the home. The
county agency shall conduct the inspection using a form
developed by the commissioner;
(2) at the time of the inspection or placement, whichever
is earlier, the relative being considered for an emergency
license shall receive an application form for a child foster
care license;
(3) whenever possible, prior to placing the child in the
relative's home, the relative being considered for an emergency
license shall provide the information required by section
245A.04, subdivision 3, paragraph (b) (k); and
(4) if the county determines, prior to the issuance of an
emergency license, that anyone requiring a background study may
be disqualified under section 245A.04, and the disqualification
is one which the commissioner cannot set aside, an emergency
license shall not be issued.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 5. Minnesota Statutes 2002, section 245A.04,
subdivision 3, is amended to read:
Subd. 3. [BACKGROUND STUDY OF THE APPLICANT; DEFINITIONS.]
(a) Individuals and organizations that are required in statute
to initiate background studies under this section shall comply
with the following requirements:
(1) Applicants for licensure, license holders, and other
entities as provided in this section must submit completed
background study forms to the commissioner before individuals
specified in paragraph (c), clauses (1) to (4), (6), and (7),
begin positions allowing direct contact in any licensed program.
(2) Applicants and license holders under the jurisdiction
of other state agencies who are required in other statutory
sections to initiate background studies under this section must
submit completed background study forms to the commissioner
prior to the background study subject beginning in a position
allowing direct contact in the licensed program, or where
applicable, prior to being employed.
(3) Organizations required to initiate background studies
under section 256B.0627 for individuals described in paragraph
(c), clause (5), must submit a completed background study form
to the commissioner before those individuals begin a position
allowing direct contact with persons served by the
organization. The commissioner shall recover the cost of these
background studies through a fee of no more than $12 per study
charged to the organization responsible for submitting the
background study form. The fees collected under this paragraph
are appropriated to the commissioner for the purpose of
conducting background studies.
Upon receipt of the background study forms from the
entities in clauses (1) to (3), the commissioner shall complete
the background study as specified under this section and provide
notices required in subdivision 3a. Unless otherwise specified,
the subject of a background study may have direct contact with
persons served by a program after the background study form is
mailed or submitted to the commissioner pending notification of
the study results under subdivision 3a. A county agency may
accept a background study completed by the commissioner under
this section in place of the background study required under
section 245A.16, subdivision 3, in programs with joint licensure
as home and community-based services and adult foster care for
people with developmental disabilities when the license holder
does not reside in the foster care residence and the subject of
the study has been continuously affiliated with the license
holder since the date of the commissioner's study.
(b) The definitions in this paragraph apply only to
subdivisions 3 to 3e.
(1) "Background study" means the review of records
conducted by the commissioner to determine whether a subject is
disqualified from direct contact with persons served by a
program, and where specifically provided in statutes, whether a
subject is disqualified from having access to persons served by
a program.
(2) "Continuous, direct supervision" means an individual is
within sight or hearing of the supervising person to the extent
that supervising person is capable at all times of intervening
to protect the health and safety of the persons served by the
program.
(3) "Contractor" means any person, regardless of employer,
who is providing program services for hire under the control of
the provider.
(4) "Direct contact" means providing face-to-face care,
training, supervision, counseling, consultation, or medication
assistance to persons served by the program.
(5) "Reasonable cause" means information or circumstances
exist which provide the commissioner with articulable suspicion
that further pertinent information may exist concerning a
subject. The commissioner has reasonable cause when, but not
limited to, the commissioner has received a report from the
subject, the license holder, or a third party indicating that
the subject has a history that would disqualify the person or
that may pose a risk to the health or safety of persons
receiving services.
(6) "Subject of a background study" means an individual on
whom a background study is required or completed.
(c) The applicant, license holder, registrant under section
144A.71, subdivision 1, bureau of criminal apprehension,
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 the maltreatment of adults
substantiated under section 626.557 and the maltreatment of
minors in licensed programs substantiated under section
626.556. If a background study is initiated by an applicant or
license holder and the applicant or license holder receives
information about the possible criminal or maltreatment history
of an individual who is the subject of the background study, the
applicant or license holder must immediately provide the
information to the commissioner. The individuals to be studied
shall include:
(1) the applicant;
(2) persons age 13 and over 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 facility,
agency, or program;
(4) volunteers or student volunteers who have direct
contact with persons served by the program to provide program
services, if the contact is not under the continuous, direct
supervision by an individual listed in clause (1) or (3);
(5) any person required under section 256B.0627 to have a
background study completed under this section;
(6) persons ages 10 to 12 living in the household where the
licensed services will be provided when the commissioner has
reasonable cause; and
(7) persons who, without providing direct contact services
at a licensed program, may have unsupervised access to children
or vulnerable adults receiving services from the program
licensed to provide family child 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 when the
commissioner has reasonable cause.
(d) According to paragraph (c), clauses (2) and (6), the
commissioner shall review records from the juvenile courts. For
persons under paragraph (c), clauses (1), (3), (4), (5), and
(7), who are ages 13 to 17, the commissioner shall review
records from the juvenile courts when the commissioner has
reasonable cause. The juvenile courts shall help with the study
by giving the commissioner existing juvenile court records on
individuals described in paragraph (c), clauses (2), (6), and
(7), relating to delinquency proceedings held within either the
five years immediately preceding the background study 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.
(e) Beginning August 1, 2001, the commissioner shall
conduct all background studies required under this chapter and
initiated by supplemental nursing services agencies registered
under section 144A.71, subdivision 1. Studies for the agencies
must be initiated annually by each agency. The commissioner
shall conduct the background studies according to this chapter.
The commissioner shall recover the cost of the background
studies through a fee of no more than $8 per study, charged to
the supplemental nursing services agency. The fees collected
under this paragraph are appropriated to the commissioner for
the purpose of conducting background studies.
(f) For purposes of this section, a finding that a
delinquency petition is proven in juvenile court shall be
considered a conviction in state district court.
(g) A study of an individual in paragraph (c), clauses (1)
to (7), shall be conducted at least upon application for initial
license for all license types or registration under section
144A.71, subdivision 1, and at reapplication for a license for
family child care, child foster care, and adult foster care.
The commissioner is not required to conduct a study of an
individual at the time of reapplication for a license or if the
individual has been continuously affiliated with a foster care
provider licensed by the commissioner of human services and
registered under chapter 144D, 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 (j) has been implemented and
was in effect continuously since the last study was conducted.
For the purposes of this section, a physician licensed under
chapter 147 is considered to be continuously affiliated upon the
license holder's receipt from the commissioner of health or
human services of the physician's background study results. For
individuals who are required to have background studies under
paragraph (c) and who have been continuously affiliated with a
foster care provider that is licensed in more than one county,
criminal conviction data may be shared among those counties in
which the foster care programs are licensed. A county agency's
receipt of criminal conviction data from another county agency
shall meet the criminal data background study requirements of
this section.
(h) The commissioner may also conduct studies on
individuals specified in paragraph (c), clauses (3) and (4),
when the studies are initiated by:
(i) personnel pool agencies;
(ii) temporary personnel agencies;
(iii) educational programs that train persons by providing
direct contact services in licensed programs; and
(iv) professional services agencies that are not licensed
and which contract with licensed programs to provide direct
contact services or individuals who provide direct contact
services.
(i) Studies on individuals in paragraph (h), items (i) to
(iv), must be initiated annually by these agencies, programs,
and individuals. Except as provided in paragraph (a), clause
(3), no applicant, license holder, or individual who is the
subject of the study shall pay any fees required to conduct the
study.
(1) At the option of the licensed facility, rather than
initiating another background study on an individual required to
be studied who has indicated to the licensed facility that a
background study by the commissioner was previously completed,
the facility may make a request to the commissioner for
documentation of the individual's background study status,
provided that:
(i) the facility makes this request using a form provided
by the commissioner;
(ii) in making the request the facility informs the
commissioner that either:
(A) the individual has been continuously affiliated with a
licensed facility since the individual's previous background
study was completed, or since October 1, 1995, whichever is
shorter; or
(B) the individual is affiliated only with a personnel pool
agency, a temporary personnel agency, an educational program
that trains persons by providing direct contact services in
licensed programs, or a professional services agency that is not
licensed and which contracts with licensed programs to provide
direct contact services or individuals who provide direct
contact services; and
(iii) the facility provides notices to the individual as
required in paragraphs (a) to (j), and that the facility is
requesting written notification of the individual's background
study status from the commissioner.
(2) The commissioner shall respond to each request under
paragraph (1) with a written or electronic notice to the
facility and the study subject. If the commissioner determines
that a background study is necessary, the study shall be
completed without further request from a licensed agency or
notifications to the study subject.
(3) When a background study is being initiated by a
licensed facility or a foster care provider that is also
registered under chapter 144D, a study subject affiliated with
multiple licensed facilities may attach to the background study
form a cover letter indicating the additional facilities' names,
addresses, and background study identification numbers. When
the commissioner receives such notices, each facility identified
by the background study subject shall be notified of the study
results. The background study notice sent to the subsequent
agencies shall satisfy those facilities' responsibilities for
initiating a background study on that individual.
(j) If an individual who is affiliated with a program or
facility regulated by the department of human services or
department of health, a facility serving children or youth
licensed by the department of corrections, or who is affiliated
with any type of home care agency or provider of personal care
assistance services, is convicted of a crime constituting a
disqualification under subdivision 3d, the probation officer or
corrections agent shall notify the commissioner of the
conviction. For the purpose of this paragraph, "conviction" has
the meaning given it in section 609.02, subdivision 5. 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. Upon
receipt of disqualifying information, the commissioner shall
provide the notifications required in subdivision 3a, as
appropriate to agencies on record as having initiated a
background study or making a request for documentation of the
background study status of the individual. This paragraph does
not apply to family day care and child foster care programs.
(k) 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 and all other names by
which the individual has been known; home address, city, county,
and state of residence for the past five years; zip code; sex;
date of birth; and driver's license number or state
identification number. The applicant or license holder shall
provide this information about an individual in paragraph (c),
clauses (1) to (7), on forms prescribed by the commissioner. By
January 1, 2000, for background studies conducted by the
department of human services, the commissioner shall implement a
system for the electronic transmission of: (1) background study
information to the commissioner; and (2) background study
results to the license holder. 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.
(l) For programs directly licensed by the commissioner, a
study must include information related to names of substantiated
perpetrators of maltreatment of vulnerable adults that has been
received by the commissioner as required under section 626.557,
subdivision 9c, paragraph (i), and the commissioner's records
relating to the maltreatment of minors in licensed programs,
information from juvenile courts as required in paragraph (c)
for persons listed in paragraph (c), clauses (2), (6), and (7),
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 maltreatment of adults, and the
maltreatment of minors, information from juvenile courts as
required in paragraph (c) for persons listed in paragraph (c),
clauses (2), (6), and (7), and information from the bureau of
criminal apprehension. For any background study completed under
this section, 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 the Federal Bureau of Investigation if
the commissioner has reasonable cause to believe the information
is pertinent to the disqualification of an individual listed in
paragraph (c), clauses (1) to (7). The commissioner is not
required to conduct more than one review of a subject's records
from the Federal Bureau of Investigation if a review of the
subject's criminal history with the Federal Bureau of
Investigation has already been completed by the commissioner and
there has been no break in the subject's affiliation with the
license holder who initiated the background study.
(m) For any background study completed under this section,
when the commissioner has reasonable cause to believe that
further pertinent information may exist on the subject, the
subject shall provide a set of classifiable fingerprints
obtained from an authorized law enforcement agency. For
purposes of requiring fingerprints, the commissioner shall be
considered to have reasonable cause under, but not limited to,
the following circumstances:
(1) information from the bureau of criminal apprehension
indicates that the subject is a multistate offender;
(2) information from the bureau of criminal apprehension
indicates that multistate offender status is undetermined; or
(3) the commissioner has received a report from the subject
or a third party indicating that the subject has a criminal
history in a jurisdiction other than Minnesota.
(n) The failure or refusal of an applicant, license holder,
or registrant under section 144A.71, subdivision 1, to cooperate
with the commissioner is reasonable cause to disqualify a
subject, deny a license application or immediately suspend,
suspend, or revoke a license or registration. 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.
(o) 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.
(p) No person in paragraph (c), clauses (1) to (7), 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 and no person in paragraph (c), clauses
(2), (6), and (7), or as provided elsewhere in statute who is
disqualified as a result of this section may be allowed access
to persons served by the program, unless the commissioner has
provided written notice to the agency stating that:
(1) the individual may remain in direct contact during the
period in which the individual may request reconsideration as
provided in subdivision 3a, paragraph (b), clause (2) or (3);
(2) the individual's disqualification has been set aside
for that agency as provided in subdivision 3b, paragraph (b); or
(3) the license holder has been granted a variance for the
disqualified individual under subdivision 3e.
(q) Termination of affiliation with persons in paragraph
(c), clauses (1) to (7), 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.
(r) The commissioner may establish records to fulfill the
requirements of this section.
(s) 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.
(t) An individual subject to disqualification under this
subdivision has the applicable rights in subdivision 3a, 3b, or
3c.
(u) For the purposes of background studies completed by
tribal organizations performing licensing activities otherwise
required of the commissioner under this chapter, after obtaining
consent from the background study subject, tribal licensing
agencies shall have access to criminal history data in the same
manner as county licensing agencies and private licensing
agencies under this chapter.
(v) County agencies shall have access to the criminal
history data in the same manner as county licensing agencies
under this chapter for purposes of background studies completed
by county agencies on legal nonlicensed child care providers to
determine eligibility for child care funds under chapter 119B.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 6. Minnesota Statutes 2002, section 245A.04,
subdivision 3b, is amended to read:
Subd. 3b. [RECONSIDERATION OF DISQUALIFICATION.] (a) The
individual who is the subject of the disqualification may
request a reconsideration of the disqualification.
The individual must submit the request for reconsideration
to the commissioner in writing. A request for reconsideration
for an individual who has been sent a notice of disqualification
under subdivision 3a, paragraph (b), clause (1) or (2), must be
submitted within 30 calendar days of the disqualified
individual's receipt of the notice of disqualification. Upon
showing that the information in clause (1) or (2) cannot be
obtained within 30 days, the disqualified individual may request
additional time, not to exceed 30 days, to obtain that
information. A request for reconsideration for an individual
who has been sent a notice of disqualification under subdivision
3a, paragraph (b), clause (3), must be submitted within 15
calendar days of the disqualified individual's receipt of the
notice of disqualification. An individual who was determined to
have maltreated a child under section 626.556 or a vulnerable
adult under section 626.557, and who was disqualified under this
section on the basis of serious or recurring maltreatment, may
request reconsideration of both the maltreatment and the
disqualification determinations. The request for
reconsideration of the maltreatment determination and the
disqualification must be submitted within 30 calendar days of
the individual's receipt of the notice of disqualification.
Removal of a disqualified individual from direct contact shall
be ordered if the individual does not request reconsideration
within the prescribed time, and for an individual who submits a
timely request for reconsideration, if the disqualification is
not set aside. The individual must present information showing
that:
(1) the information the commissioner relied upon in
determining that the underlying conduct giving rise to the
disqualification occurred, and for maltreatment, that the
maltreatment was serious or recurring, is incorrect; or
(2) the subject of the study does not pose a risk of harm
to any person served by the applicant, license holder, or
registrant under section 144A.71, subdivision 1.
(b) The commissioner shall rescind the disqualification if
the commissioner finds that the information relied on to
disqualify the subject is incorrect. The commissioner may set
aside the disqualification under this section if the
commissioner finds that the individual does not pose a risk of
harm to any person served by the applicant, license holder, or
registrant under section 144A.71, subdivision 1. In determining
that an individual does not pose a risk of harm, the
commissioner shall consider the nature, severity, and
consequences of the event or events that lead to
disqualification, whether there is more than one disqualifying
event, the age and vulnerability of the victim at the time of
the event, the harm suffered by the victim, the similarity
between the victim and persons served by the program, the time
elapsed without a repeat of the same or similar event,
documentation of successful completion by the individual studied
of training or rehabilitation pertinent to the event, and any
other information relevant to reconsideration. In reviewing a
disqualification under this section, the commissioner shall give
preeminent weight to the safety of each person to be served by
the license holder, applicant, or registrant under section
144A.71, subdivision 1, over the interests of the license
holder, applicant, or registrant under section 144A.71,
subdivision 1. If the commissioner sets aside a
disqualification under this section, the disqualified individual
remains disqualified, but may hold a license and have direct
contact with or access to persons receiving services. The
commissioner's set aside of a disqualification is limited solely
to the licensed program, applicant, or agency specified in the
set aside notice, unless otherwise specified in the notice. The
commissioner may rescind a previous set aside of a
disqualification under this section based on new information
that indicates the individual may pose a risk of harm to persons
served by the applicant, license holder, or registrant. If the
commissioner rescinds a set aside of a disqualification under
this paragraph, the appeal rights under paragraphs (a) and (e)
shall apply.
(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 sections
609.165 (felon ineligible to possess firearm), criminal
vehicular homicide under 609.21 (criminal vehicular homicide and
injury), 609.215 (aiding suicide or aiding attempted suicide),
felony violations under 609.223 or 609.2231 (assault in the
third or fourth degree), 609.713 (terroristic threats), 609.235
(use of drugs to injure or to facilitate crime), 609.24 (simple
robbery), 609.255 (false imprisonment), 609.562 (arson in the
second degree), 609.71 (riot), 609.498, subdivision 1 or 1a 1b
(aggravated first degree or first degree tampering with a
witness), burglary in the first or second degree under 609.582
(burglary), 609.66 (dangerous weapon), 609.665 (spring guns),
609.67 (machine guns and short-barreled shotguns), 609.749,
subdivision 2 (gross misdemeanor harassment; stalking), 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), 609.23 (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), 609.234 (failure
to report), 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), a felony level
conviction involving alcohol or drug use, a gross misdemeanor
offense under 609.324, subdivision 1 (other prohibited acts), a
gross misdemeanor offense under 609.378 (neglect or endangerment
of a child), a gross misdemeanor offense under 609.377
(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
involuntary termination of parental rights under section
260C.301 or 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), 609.20 (manslaughter in the
first degree), 609.205 (manslaughter in the second degree),
609.245 (aggravated robbery), 609.25 (kidnapping), 609.561
(arson in the first degree), 609.749, subdivision 3, 4, or 5
(felony-level harassment; stalking), 609.228 (great bodily harm
caused by distribution of drugs), 609.221 or 609.222 (assault in
the first or second degree), 609.66, subdivision 1e (drive-by
shooting), 609.855, subdivision 5 (shooting in or at a public
transit vehicle or facility), 609.2661 to 609.2663 (murder of an
unborn child in the first, second, or third degree), a felony
offense under 609.377 (malicious punishment of a child), a
felony offense under 609.324, subdivision 1 (other prohibited
acts), a felony offense under 609.378 (neglect or endangerment
of a child), 609.322 (solicitation, inducement, and promotion of
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), a
felony offense under sections 609.2242 and 609.2243 (domestic
assault), a felony offense of spousal abuse, a felony offense of
child abuse or neglect, a felony offense of a crime against
children, or an attempt or conspiracy to commit any of these
offenses as defined in Minnesota Statutes, 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 maltreatment 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, license holder, or registrant under
section 144A.71, subdivision 1, residing in the applicant's or
license holder's home, or the home of a registrant under section
144A.71, subdivision 1, the applicant, license holder, or
registrant under section 144A.71, subdivision 1, 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 or
registration under section 144A.71, subdivision 1, because the
license holder, applicant, or registrant under section 144A.71,
subdivision 1, 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 or by
electronic transmission to all reconsideration requests for
which the basis for the request is that the information relied
upon by the commissioner to disqualify is incorrect or
inaccurate within 30 working days of receipt of a request and
all relevant information. If the basis for the request is that
the individual does not pose a risk of harm, the commissioner
shall respond to the request within 15 working days after
receiving the request for reconsideration and all relevant
information. If the request is based on both the correctness or
accuracy of the information relied on to disqualify the
individual and the risk of harm, the commissioner shall respond
to the request within 45 working days after receiving the
request for reconsideration and all relevant information. If
the disqualification is set aside, the commissioner shall notify
the applicant or license holder in writing or by electronic
transmission of the decision.
(e) Except as provided in subdivision 3c, if a
disqualification for which reconsideration was requested is not
set aside or is not rescinded, an individual who was
disqualified on the basis of a preponderance of evidence that
the individual committed an act or acts that meet the definition
of any of the crimes listed in subdivision 3d, paragraph (a),
clauses (1) to (4); for a determination under section 626.556 or
626.557 of substantiated maltreatment that was serious or
recurring under subdivision 3d, paragraph (a), clause (4); or
for failure to make required reports under section 626.556,
subdivision 3, or 626.557, subdivision 3, pursuant to
subdivision 3d, paragraph (a), clause (4), may request a fair
hearing under section 256.045. Except as provided under
subdivision 3c, the fair hearing is the only administrative
appeal of the final agency determination for purposes of appeal
by the disqualified individual, specifically, including a
challenge to the accuracy and completeness of data under section
13.04. If the individual was disqualified based on a conviction
or admission to any crimes listed in subdivision 3d, paragraph
(a), clauses (1) to (4), the reconsideration decision under this
subdivision is the final agency determination for purposes of
appeal by the disqualified individual and is not subject to a
hearing under section 256.045.
(f) Except as provided under subdivision 3c, if an
individual was disqualified on the basis of a determination of
maltreatment under section 626.556 or 626.557, which was serious
or recurring, and the individual has requested reconsideration
of the maltreatment determination under section 626.556,
subdivision 10i, or 626.557, subdivision 9d, and also requested
reconsideration of the disqualification under this subdivision,
reconsideration of the maltreatment determination and
reconsideration of the disqualification shall be consolidated
into a single reconsideration. For maltreatment and
disqualification determinations made by county agencies, the
consolidated reconsideration shall be conducted by the county
agency. If the county agency has disqualified an individual on
multiple bases, one of which is a county maltreatment
determination for which the individual has a right to request
reconsideration, the county shall conduct the reconsideration of
all disqualifications. Except as provided under subdivision 3c,
if an individual who was disqualified on the basis of serious or
recurring maltreatment requests a fair hearing on the
maltreatment determination under section 626.556, subdivision
10i, or 626.557, subdivision 9d, and requests a fair hearing on
the disqualification, which has not been set aside or rescinded
under this subdivision, the scope of the fair hearing under
section 256.045 shall include the maltreatment determination and
the disqualification. Except as provided under subdivision 3c,
a fair hearing is the only administrative appeal of the final
agency determination, specifically, including a challenge to the
accuracy and completeness of data under section 13.04.
(g) In the notice from the commissioner that a
disqualification has been set aside, the license holder must be
informed that information about the nature of the
disqualification and which factors under paragraph (b) were the
bases of the decision to set aside the disqualification is
available to the license holder upon request without consent of
the background study subject. With the written consent of a
background study subject, the commissioner may release to the
license holder copies of all information related to the
background study subject's disqualification and the
commissioner's decision to set aside the disqualification as
specified in the written consent.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 7. Minnesota Statutes 2002, section 245A.04,
subdivision 3d, is amended to read:
Subd. 3d. [DISQUALIFICATION.] (a) Upon receipt of
information showing, or when a background study completed under
subdivision 3 shows any of the following: a conviction of one
or more crimes listed in clauses (1) to (4); the individual has
admitted to or a preponderance of the evidence indicates the
individual has committed an act or acts that meet the definition
of any of the crimes listed in clauses (1) to (4); or an
investigation results in an administrative determination listed
under clause (4), the individual shall be disqualified from any
position allowing direct contact with persons receiving services
from the license holder, entity identified in subdivision 3,
paragraph (a), or registrant under section 144A.71, subdivision
1, and for individuals studied under section 245A.04,
subdivision 3, paragraph (c), clauses (2), (6), and (7), the
individual shall also be disqualified from access to a person
receiving services from the license holder:
(1) regardless of how much time has passed since the
involuntary termination of parental rights under section
260C.301 or the discharge of the sentence imposed for the
offense, and unless otherwise specified, regardless of the level
of the conviction, the individual was convicted of any of the
following offenses: sections 609.185 (murder in the first
degree); 609.19 (murder in the second degree); 609.195 (murder
in the third degree); 609.2661 (murder of an unborn child in the
first degree); 609.2662 (murder of an unborn child in the second
degree); 609.2663 (murder of an unborn child in the third
degree); 609.20 (manslaughter in the first degree); 609.205
(manslaughter in the second degree); 609.221 or 609.222 (assault
in the first or second degree); 609.228 (great bodily harm
caused by distribution of drugs); 609.245 (aggravated robbery);
609.25 (kidnapping); 609.561 (arson in the first degree);
609.749, subdivision 3, 4, or 5 (felony-level harassment;
stalking); 609.66, subdivision 1e (drive-by shooting); 609.855,
subdivision 5 (shooting at or in a public transit vehicle or
facility); 609.322 (solicitation, inducement, and promotion of
prostitution); 609.342 (criminal sexual conduct in the first
degree); 609.343 (criminal sexual conduct in the second degree);
609.344 (criminal sexual conduct in the third degree); 609.345
(criminal sexual conduct in the fourth degree); 609.352
(solicitation of children to engage in sexual conduct); 609.365
(incest); felony offense under 609.377 (malicious punishment of
a child); a felony offense under 609.378 (neglect or
endangerment of a child); a felony offense under 609.324,
subdivision 1 (other prohibited acts); 617.246 (use of minors in
sexual performance prohibited); 617.247 (possession of pictorial
representations of minors); a felony offense under sections
609.2242 and 609.2243 (domestic assault), a felony offense of
spousal abuse, a felony offense of child abuse or neglect, a
felony offense of a crime against children; or attempt or
conspiracy to commit any of these offenses as defined in
Minnesota Statutes, or an offense in any other state or country,
where the elements are substantially similar to any of the
offenses listed in this clause;
(2) if less than 15 years have passed since the discharge
of the sentence imposed for the offense; and the individual has
received a felony conviction for a violation of any of these
offenses: sections 609.21 (criminal vehicular homicide and
injury); 609.165 (felon ineligible to possess firearm); 609.215
(suicide); 609.223 or 609.2231 (assault in the third or fourth
degree); repeat offenses under 609.224 (assault in the fifth
degree); repeat offenses under 609.3451 (criminal sexual conduct
in the fifth degree); 609.498, subdivision 1 or 1a
1b (aggravated first degree or first degree tampering with a
witness); 609.713 (terroristic threats); 609.235 (use of drugs
to injure or facilitate crime); 609.24 (simple robbery); 609.255
(false imprisonment); 609.562 (arson in the second degree);
609.563 (arson in the third degree); repeat offenses under
617.23 (indecent exposure; penalties); repeat offenses under
617.241 (obscene materials and performances; distribution and
exhibition prohibited; penalty); 609.71 (riot); 609.66
(dangerous weapons); 609.67 (machine guns and short-barreled
shotguns); 609.2325 (criminal abuse of a vulnerable adult);
609.2664 (manslaughter of an unborn child in the first degree);
609.2665 (manslaughter of an unborn child in the second degree);
609.267 (assault of an unborn child in the first degree);
609.2671 (assault of an unborn child in the second degree);
609.268 (injury or death of an unborn child in the commission of
a crime); 609.52 (theft); 609.2335 (financial exploitation of a
vulnerable adult); 609.521 (possession of shoplifting gear);
609.582 (burglary); 609.625 (aggravated forgery); 609.63
(forgery); 609.631 (check forgery; offering a forged check);
609.635 (obtaining signature by false pretense); 609.27
(coercion); 609.275 (attempt to coerce); 609.687 (adulteration);
260C.301 (grounds for termination of parental rights); chapter
152 (drugs; controlled substance); and a felony level conviction
involving alcohol or drug use. 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
or country, the elements of which are substantially similar to
the elements of the offenses in this clause. If the individual
studied is convicted of one of the felonies listed in this
clause, but the sentence is a gross misdemeanor or misdemeanor
disposition, the lookback period for the conviction is the
period applicable to the disposition, that is the period for
gross misdemeanors or misdemeanors;
(3) if less than ten years have passed since the discharge
of the sentence imposed for the offense; and the individual has
received a gross misdemeanor conviction for a violation of any
of the following offenses: sections 609.224 (assault in the
fifth degree); 609.2242 and 609.2243 (domestic assault);
violation of an order for protection under 518B.01, subdivision
14; 609.3451 (criminal sexual conduct in the fifth degree);
repeat offenses under 609.746 (interference with privacy);
repeat offenses under 617.23 (indecent exposure); 617.241
(obscene materials and performances); 617.243 (indecent
literature, distribution); 617.293 (harmful materials;
dissemination and display to minors prohibited); 609.71 (riot);
609.66 (dangerous weapons); 609.749, subdivision 2 (harassment;
stalking); 609.224, subdivision 2, paragraph (c) (assault in the
fifth degree by a caregiver against a vulnerable adult); 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); 609.234
(failure to report maltreatment of a vulnerable adult); 609.72,
subdivision 3 (disorderly conduct against a vulnerable adult);
609.265 (abduction); 609.378 (neglect or endangerment of a
child); 609.377 (malicious punishment of a child); 609.324,
subdivision 1a (other prohibited acts; minor engaged in
prostitution); 609.33 (disorderly house); 609.52 (theft);
609.582 (burglary); 609.631 (check forgery; offering a forged
check); 609.275 (attempt to coerce); 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
or country, the elements of which are substantially similar to
the elements of any of the offenses listed in this clause. If
the defendant is convicted of one of the gross misdemeanors
listed in this clause, but the sentence is a misdemeanor
disposition, the lookback period for the conviction is the
period applicable to misdemeanors; or
(4) if less than seven years have passed since the
discharge of the sentence imposed for the offense; and the
individual has received a misdemeanor conviction for a violation
of any of the following offenses: sections 609.224 (assault in
the fifth degree); 609.2242 (domestic assault); violation of an
order for protection under 518B.01 (Domestic Abuse Act);
violation of an order for protection under 609.3232 (protective
order authorized; procedures; penalties); 609.746 (interference
with privacy); 609.79 (obscene or harassing phone calls);
609.795 (letter, telegram, or package; opening; harassment);
617.23 (indecent exposure; penalties); 609.2672 (assault of an
unborn child in the third degree); 617.293 (harmful materials;
dissemination and display to minors prohibited); 609.66
(dangerous weapons); 609.665 (spring guns); 609.2335 (financial
exploitation of a vulnerable adult); 609.234 (failure to report
maltreatment of a vulnerable adult); 609.52 (theft); 609.27
(coercion); 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 or country, the
elements of which are substantially similar to the elements of
any of the offenses listed in this clause; a determination or
disposition of failure to make required reports under section
626.556, subdivision 3, or 626.557, subdivision 3, for incidents
in which: (i) the final disposition under section 626.556 or
626.557 was substantiated maltreatment, and (ii) the
maltreatment was recurring or serious; or a determination or
disposition of substantiated serious or recurring maltreatment
of a minor under section 626.556 or of a vulnerable adult under
section 626.557 for which there is a preponderance of evidence
that the maltreatment occurred, and that the subject was
responsible for the maltreatment.
For the purposes of this section, "serious maltreatment"
means sexual abuse; maltreatment resulting in death; or
maltreatment resulting in serious injury which reasonably
requires the care of a physician whether or not the care of a
physician was sought; or abuse resulting in serious injury. For
purposes of this section, "abuse resulting in serious injury"
means: bruises, bites, skin laceration or tissue damage;
fractures; dislocations; evidence of internal injuries; head
injuries with loss of consciousness; extensive second-degree or
third-degree burns and other burns for which complications are
present; extensive second-degree or third-degree frostbite, and
others for which complications are present; irreversible
mobility or avulsion of teeth; injuries to the eyeball;
ingestion of foreign substances and objects that are harmful;
near drowning; and heat exhaustion or sunstroke. For purposes
of this section, "care of a physician" is treatment received or
ordered by a physician, but does not include diagnostic testing,
assessment, or observation. For the purposes of this section,
"recurring maltreatment" means more than one incident of
maltreatment for which there is a preponderance of evidence that
the maltreatment occurred, and that the subject was responsible
for the maltreatment. For purposes of this section, "access"
means physical access to an individual receiving services or the
individual's personal property without continuous, direct
supervision as defined in section 245A.04, subdivision 3.
(b) Except for background studies related to child foster
care, adult foster care, or family child care licensure, when
the subject of a background study is regulated by a
health-related licensing board as defined in chapter 214, and
the regulated person has been determined to have been
responsible for substantiated maltreatment under section 626.556
or 626.557, instead of the commissioner making a decision
regarding disqualification, the board shall make a determination
whether to impose disciplinary or corrective action under
chapter 214.
(1) The commissioner shall notify the health-related
licensing board:
(i) upon completion of a background study that produces a
record showing that the individual was determined to have been
responsible for substantiated maltreatment;
(ii) upon the commissioner's completion of an investigation
that determined the individual was responsible for substantiated
maltreatment; or
(iii) upon receipt from another agency of a finding of
substantiated maltreatment for which the individual was
responsible.
(2) The commissioner's notice shall indicate whether the
individual would have been disqualified by the commissioner for
the substantiated maltreatment if the individual were not
regulated by the board. The commissioner shall concurrently
send this notice to the individual.
(3) Notwithstanding the exclusion from this subdivision for
individuals who provide child foster care, adult foster care, or
family child care, when the commissioner or a local agency has
reason to believe that the direct contact services provided by
the individual may fall within the jurisdiction of a
health-related licensing board, a referral shall be made to the
board as provided in this section.
(4) If, upon review of the information provided by the
commissioner, a health-related licensing board informs the
commissioner that the board does not have jurisdiction to take
disciplinary or corrective action, the commissioner shall make
the appropriate disqualification decision regarding the
individual as otherwise provided in this chapter.
(5) The commissioner has the authority to monitor the
facility's compliance with any requirements that the
health-related licensing board places on regulated persons
practicing in a facility either during the period pending a
final decision on a disciplinary or corrective action or as a
result of a disciplinary or corrective action. The commissioner
has the authority to order the immediate removal of a regulated
person from direct contact or access when a board issues an
order of temporary suspension based on a determination that the
regulated person poses an immediate risk of harm to persons
receiving services in a licensed facility.
(6) A facility that allows a regulated person to provide
direct contact services while not complying with the
requirements imposed by the health-related licensing board is
subject to action by the commissioner as specified under
sections 245A.06 and 245A.07.
(7) The commissioner shall notify a health-related
licensing board immediately upon receipt of knowledge of
noncompliance with requirements placed on a facility or upon a
person regulated by the board.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 8. Minnesota Statutes 2002, section 245A.09,
subdivision 7, is amended to read:
Subd. 7. [REGULATORY METHODS.] (a) Where appropriate and
feasible the commissioner shall identify and implement
alternative methods of regulation and enforcement to the extent
authorized in this subdivision. These methods shall include:
(1) expansion of the types and categories of licenses that
may be granted;
(2) when the standards of another state or federal
governmental agency or an independent accreditation body have
been shown to predict compliance with the rules require the same
standards, methods, or alternative methods to achieve
substantially the same intended outcomes as the licensing
standards, the commissioner shall consider compliance with the
governmental or accreditation standards to be equivalent to
partial compliance with the rules licensing standards; and
(3) use of an abbreviated inspection that employs key
standards that have been shown to predict full compliance with
the rules.
(b) If the commissioner accepts accreditation as
documentation of compliance with a licensing standard under
paragraph (a), the commissioner shall continue to investigate
complaints related to noncompliance with all licensing standards.
The commissioner may take a licensing action for noncompliance
under this chapter and shall recognize all existing appeal
rights regarding any licensing actions taken under this chapter.
(c) The commissioner shall work with the commissioners of
health, public safety, administration, and children, families,
and learning in consolidating duplicative licensing and
certification rules and standards if the commissioner determines
that consolidation is administratively feasible, would
significantly reduce the cost of licensing, and would not reduce
the protection given to persons receiving services in licensed
programs. Where administratively feasible and appropriate, the
commissioner shall work with the commissioners of health, public
safety, administration, and children, families, and learning in
conducting joint agency inspections of programs.
(c) (d) The commissioner shall work with the commissioners
of health, public safety, administration, and children,
families, and learning in establishing a single point of
application for applicants who are required to obtain concurrent
licensure from more than one of the commissioners listed in this
clause.
(d) (e) Unless otherwise specified in statute, the
commissioner may specify in rule periods of licensure up to two
years conduct routine inspections biennially.
Sec. 9. Minnesota Statutes 2002, section 245A.10, is
amended to read:
245A.10 [FEES.]
Subdivision 1. [APPLICATION OR LICENSE FEE REQUIRED,
PROGRAMS EXEMPT FROM FEE.] (a) Unless exempt under paragraph
(b), the commissioner shall charge a fee for evaluation of
applications and inspection of programs, other than family day
care and foster care, which are licensed under this chapter.
The commissioner may charge a fee for the licensing of school
age child care programs, in an amount sufficient to cover the
cost to the state agency of processing the license.
(b) Except as provided under subdivision 2, no application
or license fee shall be charged for child foster care, adult
foster care, family and group family child care or
state-operated programs, unless the state-operated program is an
intermediate care facility for persons with mental retardation
or related conditions (ICF/MR).
Subd. 2. [COUNTY FEES FOR BACKGROUND STUDIES AND LICENSING
INSPECTIONS IN FAMILY AND GROUP FAMILY CHILD CARE.] (a) For
purposes of family and group family child care licensing under
this chapter, a county agency may charge a fee to an applicant
or license holder to recover the actual cost of background
studies, but in any case not to exceed $100 annually. A county
agency may also charge a fee to an applicant or license holder
to recover the actual cost of licensing inspections, but in any
case not to exceed $150 annually.
(b) A county agency may charge a fee to a legal nonlicensed
child care provider or applicant for authorization to recover
the actual cost of background studies completed under section
119B.125, but in any case not to exceed $100 annually.
(c) Counties may elect to reduce or waive the fees in
paragraph (a) or (b):
(1) in cases of financial hardship;
(2) if the county has a shortage of providers in the
county's area;
(3) for new providers; or
(4) for providers who have attained at least 16 hours of
training before seeking initial licensure.
(d) Counties may allow providers to pay the applicant fees
in paragraph (a) or (b) on an installment basis for up to one
year. If the provider is receiving child care assistance
payments from the state, the provider may have the fees under
paragraph (a) or (b) deducted from the child care assistance
payments for up to one year and the state shall reimburse the
county for the county fees collected in this manner.
Subd. 3. [APPLICATION FEE FOR INITIAL LICENSE OR
CERTIFICATION.] (a) For fees required under subdivision 1, an
applicant for an initial license or certification issued by the
commissioner shall submit a $500 application fee with each new
application required under this subdivision. The application
fee shall not be prorated, is nonrefundable, and is in lieu of
the annual license or certification fee that expires on December
31. The commissioner shall not process an application until the
application fee is paid.
(b) Except as provided in clauses (1) to (3), an applicant
shall apply for a license to provide services at a specific
location.
(1) For a license to provide waivered services to persons
with developmental disabilities or related conditions, an
applicant shall submit an application for each county in which
the waivered services will be provided.
(2) For a license to provide semi-independent living
services to persons with developmental disabilities or related
conditions, an applicant shall submit a single application to
provide services statewide.
(3) For a license to provide independent living assistance
for youth under section 245A.22, an applicant shall submit a
single application to provide services statewide.
Subd. 4. [ANNUAL LICENSE OR CERTIFICATION FEE FOR PROGRAMS
WITH LICENSED CAPACITY.] (a) Child care centers and programs
with a licensed capacity shall pay an annual nonrefundable
license or certification fee based on the following schedule:
Licensed Capacity Child Care Other
Center Program
License Fee License Fee
1 to 24 persons $300 $400
25 to 49 persons $450 $600
50 to 74 persons $600 $800
75 to 99 persons $750 $1,000
100 to 124 persons $900 $1,200
125 to 149 persons $1,200 $1,400
150 to 174 persons $1,400 $1,600
175 to 199 persons $1,600 $1,800
200 to 224 persons $1,800 $2,000
225 or more persons $2,000 $2,500
(b) A day training and habilitation program serving persons
with developmental disabilities or related conditions shall be
assessed a license fee based on the schedule in paragraph (a)
unless the license holder serves more than 50 percent of the
same persons at two or more locations in the community. When a
day training and habilitation program serves more than 50
percent of the same persons in two or more locations in a
community, the day training and habilitation program shall pay a
license fee based on the licensed capacity of the largest
facility and the other facility or facilities shall be charged a
license fee based on a licensed capacity of a residential
program serving one to 24 persons.
Subd. 5. [ANNUAL LICENSE OR CERTIFICATION FEE FOR PROGRAMS
WITHOUT A LICENSED CAPACITY.] (a) Except as provided in
paragraph (b), a program without a stated licensed capacity
shall pay a license or certification fee of $400.
(b) A mental health center or mental health clinic
requesting certification for purposes of insurance and
subscriber contract reimbursement under Minnesota Rules, parts
9520.0750 to 9520.0870 shall pay a certification fee of $1,000
per year. If the mental health center or mental health clinic
provides services at a primary location with satellite
facilities, the satellite facilities shall be certified with the
primary location without an additional charge.
Subd. 6. [LICENSE NOT ISSUED UNTIL LICENSE OR
CERTIFICATION FEE IS PAID.] The commissioner shall not issue a
license or certification until the license or certification fee
is paid. The commissioner shall send a bill for the license or
certification fee to the billing address identified by the
license holder. If the license holder does not submit the
license or certification fee payment by the due date, the
commissioner shall send the license holder a past due notice.
If the license holder fails to pay the license or certification
fee by the due date on the past due notice, the commissioner
shall send a final notice to the license holder informing the
license holder that the program license will expire on December
31 unless the license fee is paid before December 31. If a
license expires, the program is no longer licensed and, unless
exempt from licensure under section 245A.03, subdivision 2, must
not operate after the expiration date. After a license expires,
if the former license holder wishes to provide licensed
services, the former license holder must submit a new license
application and application fee under subdivision 3.
Sec. 10. Minnesota Statutes 2002, section 245A.11,
subdivision 2a, is amended to read:
Subd. 2a. [ADULT FOSTER CARE LICENSE CAPACITY.] (a) An
adult foster care license holder may have a maximum license
capacity of five if all persons in care are age 55 or over and
do not have a serious and persistent mental illness or a
developmental disability.
(b) The commissioner may grant variances to paragraph (a)
to allow a foster care provider with a licensed capacity of five
persons to admit an individual under the age of 55 if the
variance complies with section 245A.04, subdivision 9, and
approval of the variance is recommended by the county in which
the licensed foster care provider is located.
(c) The commissioner may grant variances to paragraph (a)
to allow the use of a fifth bed for emergency crisis services
for a person with serious and persistent mental illness or a
developmental disability, regardless of age, if the variance
complies with section 245A.04, subdivision 9, and approval of
the variance is recommended by the county in which the licensed
foster care provider is located.
(d) Notwithstanding paragraph (a), the commissioner may
issue an adult foster care license with a capacity of five
adults when the capacity is recommended by the county licensing
agency of the county in which the facility is located and if the
recommendation verifies that:
(1) the facility meets the physical environment
requirements in the adult foster care licensing rule;
(2) the five-bed living arrangement is specified for each
resident in the resident's:
(i) individualized plan of care;
(ii) individual service plan under section 256B.092,
subdivision 1b, if required; or
(iii) individual resident placement agreement under
Minnesota Rules, part 9555.5105, subpart 19, if required;
(3) the license holder obtains written and signed informed
consent from each resident or resident's legal representative
documenting the resident's informed choice to living in the home
and that the resident's refusal to consent would not have
resulted in service termination; and
(4) the facility was licensed for adult foster care before
March 1, 2003.
(e) The commissioner shall not issue a new adult foster
care license under paragraph (d) after June 30, 2005. The
commissioner shall allow a facility with an adult foster care
license issued under paragraph (d) before June 30, 2005, to
continue with a capacity of five or six adults if the license
holder continues to comply with the requirements in paragraph
(d).
Sec. 11. Minnesota Statutes 2002, section 245A.11,
subdivision 2b, is amended to read:
Subd. 2b. [ADULT FOSTER CARE; FAMILY ADULT DAY CARE.] An
adult foster care license holder licensed under the conditions
in subdivision 2a may also provide family adult day care for
adults age 55 or over if no persons in the adult foster or adult
family day care program have a serious and persistent mental
illness or a developmental disability. The maximum combined
capacity for adult foster care and family adult day care is five
adults, except that the commissioner may grant a variance for a
family adult day care provider to admit up to seven individuals
for day care services and one individual for respite care
services, if all of the following requirements are met: (1) the
variance complies with section 245A.04, subdivision 9; (2) a
second caregiver is present whenever six or more clients are
being served; and (3) the variance is recommended by the county
social service agency in the county where the provider is
located. A separate license is not required to provide family
adult day care under this subdivision. Adult foster care homes
providing services to five adults under this section shall not
be subject to licensure by the commissioner of health under the
provisions of chapter 144, 144A, 157, or any other law requiring
facility licensure by the commissioner of health.
Sec. 12. Minnesota Statutes 2002, section 245A.11, is
amended by adding a subdivision to read:
Subd. 7. [ADULT FOSTER CARE; VARIANCE FOR ALTERNATE
OVERNIGHT SUPERVISION.] (a) The commissioner may grant a
variance under section 245A.04, subdivision 9, to rule parts
requiring a caregiver to be present in an adult foster care home
during normal sleeping hours to allow for alternative methods of
overnight supervision. The commissioner may grant the variance
if the local county licensing agency recommends the variance and
the county recommendation includes documentation verifying that:
(1) the county has approved the license holder's plan for
alternative methods of providing overnight supervision and
determined the plan protects the residents' health, safety, and
rights;
(2) the license holder has obtained written and signed
informed consent from each resident or each resident's legal
representative documenting the resident's or legal
representative's agreement with the alternative method of
overnight supervision; and
(3) the alternative method of providing overnight
supervision is specified for each resident in the resident's:
(i) individualized plan of care; (ii) individual service plan
under section 256B.092, subdivision 1b, if required; or (iii)
individual resident placement agreement under Minnesota Rules,
part 9555.5105, subpart 19, if required.
(b) To be eligible for a variance under paragraph (a), the
adult foster care license holder must not have had a licensing
action under section 245A.06 or 245A.07 during the prior 24
months based on failure to provide adequate supervision, health
care services, or resident safety in the adult foster care home.
Sec. 13. Minnesota Statutes 2002, section 245B.03,
subdivision 2, is amended to read:
Subd. 2. [RELATIONSHIP TO OTHER STANDARDS GOVERNING
SERVICES FOR PERSONS WITH MENTAL RETARDATION OR RELATED
CONDITIONS.] (a) ICFs/MR are exempt from:
(1) section 245B.04;
(2) section 245B.06, subdivisions 4 and 6; and
(3) section 245B.07, subdivisions 4, paragraphs (b) and
(c); 7; and 8, paragraphs (1), clause (iv), and (2).
(b) License holders also licensed under chapter 144 as a
supervised living facility are exempt from section 245B.04.
(c) Residential service sites controlled by license holders
licensed under chapter 245B for home and community-based
waivered services for four or fewer adults are exempt from
compliance with Minnesota Rules, parts 9543.0040, subpart 2,
item C; 9555.5505; 9555.5515, items B and G; 9555.5605;
9555.5705; 9555.6125, subparts 3, item C, subitem (2), and 4 to
6; 9555.6185; 9555.6225, subpart 8; 9555.6245; 9555.6255; and
9555.6265; and as provided under section 245B.06, subdivision 2,
the license holder is exempt from the program abuse prevention
plans and individual abuse prevention plans otherwise required
under sections 245A.65, subdivision 2, and 626.557, subdivision
14. The commissioner may approve alternative methods of
providing overnight supervision using the process and criteria
for granting a variance in section 245A.04, subdivision 9. This
chapter does not apply to foster care homes that do not provide
residential habilitation services funded under the home and
community-based waiver programs defined in section 256B.092.
(d) Residential service sites controlled by license holders
licensed under this chapter for home and community-based
waivered services for four or fewer children are exempt from
compliance with Minnesota Rules, parts 9545.0130; 9545.0140;
9545.0150; 9545.0170; 9545.0220, subparts 1, items C, F, and I,
and 3; and 9545.0230.
(e) The commissioner may exempt license holders from
applicable standards of this chapter when the license holder
meets the standards under section 245A.09, subdivision 7.
License holders that are accredited by an independent
accreditation body shall continue to be licensed under this
chapter.
(e) (f) License holders governed by sections 245B.02 to
245B.07 must also meet the licensure requirements in chapter
245A.
(f) (g) Nothing in this chapter prohibits license holders
from concurrently serving consumers with and without mental
retardation or related conditions provided this chapter's
standards are met as well as other relevant standards.
(g) (h) The documentation that sections 245B.02 to 245B.07
require of the license holder meets the individual program plan
required in section 256B.092 or successor provisions.
Sec. 14. Minnesota Statutes 2002, section 245B.03, is
amended by adding a subdivision to read:
Subd. 3. [CONTINUITY OF CARE.] (a) When a consumer changes
service to the same type of service provided under a different
license held by the same license holder and the policies and
procedures under section 245B.07, subdivision 8, are
substantially similar, the license holder is exempt from the
requirements in sections 245B.06, subdivisions 2, paragraphs (e)
and (f), and 4; and 245B.07, subdivision 9, clause (2).
(b) When a direct service staff person begins providing
direct service under one or more licenses other than the license
for which the staff person initially received the staff
orientation requirements under section 245B.07, subdivision 5,
the license holder is exempt from all staff orientation
requirements under section 245B.07, subdivision 5, except that:
(1) if the service provision location changes, the staff
person must receive orientation regarding any policies or
procedures under section 245B.07, subdivision 8, that are
specific to the service provision location; and
(2) if the staff person provides direct service to one or
more consumers for whom the staff person has not previously
provided direct service, the staff person must review each
consumer's: (i) service plans and risk management plan in
accordance with section 245B.07, subdivision 5, paragraph (b),
clause (1); and (ii) medication administration in accordance
with section 245B.07, subdivision 5, paragraph (b), clause (6).
Sec. 15. Minnesota Statutes 2002, section 245B.04,
subdivision 2, is amended to read:
Subd. 2. [SERVICE-RELATED RIGHTS.] A consumer's
service-related rights include the right to:
(1) refuse or terminate services and be informed of the
consequences of refusing or terminating services;
(2) know, in advance, limits to the services available from
the license holder;
(3) know conditions and terms governing the provision of
services, including those related to initiation and termination;
(4) know what the charges are for services, regardless of
who will be paying for the services, and be notified upon
request of changes in those charges;
(5) know, in advance, whether services are covered by
insurance, government funding, or other sources, and be told of
any charges the consumer or other private party may have to pay;
and
(6) receive licensed services from individuals who are
competent and trained, who have professional certification or
licensure, as required, and who meet additional qualifications
identified in the individual service plan.
Sec. 16. Minnesota Statutes 2002, section 245B.06,
subdivision 2, is amended to read:
Subd. 2. [RISK MANAGEMENT PLAN.] (a) The license holder
must develop and, document in writing, and implement a risk
management plan that incorporates the individual abuse
prevention plan as required in section 245A.65 meets the
requirements of this subdivision. License holders licensed
under this chapter are exempt from sections 245A.65, subdivision
2, and 626.557, subdivision 14, if the requirements of this
subdivision are met.
(b) The risk management plan must identify areas in which
the consumer is vulnerable, based on an assessment, at a
minimum, of the following areas:
(1) an adult consumer's susceptibility to physical,
emotional, and sexual abuse as defined in section 626.5572,
subdivision 2, and financial exploitation as defined in section
626.5572, subdivision 9; a minor consumer's susceptibility to
sexual and physical abuse as defined in section 626.556,
subdivision 2; and a consumer's susceptibility to self-abuse,
regardless of age;
(2) the consumer's health needs, considering the consumer's
physical disabilities; allergies; sensory impairments; seizures;
diet; need for medications; and ability to obtain medical
treatment;
(3) the consumer's safety needs, considering the consumer's
ability to take reasonable safety precautions; community
survival skills; water survival skills; ability to seek
assistance or provide medical care; and access to toxic
substances or dangerous items;
(4) environmental issues, considering the program's
location in a particular neighborhood or community; the type of
grounds and terrain surrounding the building; and the consumer's
ability to respond to weather-related conditions, open locked
doors, and remain alone in any environment; and
(5) the consumer's behavior, including behaviors that may
increase the likelihood of physical aggression between consumers
or sexual activity between consumers involving force or
coercion, as defined under section 245B.02, subdivision 10,
clauses (6) and (7).
(c) When assessing a consumer's vulnerability, the license
holder must consider only the consumer's skills and abilities,
independent of staffing patterns, supervision plans, the
environment, or other situational elements.
(d) License holders jointly providing services to a
consumer shall coordinate and use the resulting assessment of
risk areas for the development of this each license holder's
risk management or the shared risk management plan. Upon
initiation of services, the license holder will have in place an
initial risk management plan that identifies areas in which the
consumer is vulnerable, including health, safety, and
environmental issues and the supports the provider will have in
place to protect the consumer and to minimize these risks. The
plan must be changed based on the needs of the individual
consumer and reviewed at least annually. The license holder's
plan must include the specific actions a staff person will take
to protect the consumer and minimize risks for the identified
vulnerability areas. The specific actions must include the
proactive measures being taken, training being provided, or a
detailed description of actions a staff person will take when
intervention is needed.
(e) Prior to or upon initiating services, a license holder
must develop an initial risk management plan that is, at a
minimum, verbally approved by the consumer or consumer's legal
representative and case manager. The license holder must
document the date the license holder receives the consumer's or
consumer's legal representative's and case manager's verbal
approval of the initial plan.
(f) As part of the meeting held within 45 days of
initiating service, as required under section 245B.06,
subdivision 4, the license holder must review the initial risk
management plan for accuracy and revise the plan if necessary.
The license holder must give the consumer or consumer's legal
representative and case manager an opportunity to participate in
this plan review. If the license holder revises the plan, or if
the consumer or consumer's legal representative and case manager
have not previously signed and dated the plan, the license
holder must obtain dated signatures to document the plan's
approval.
(g) After plan approval, the license holder must review the
plan at least annually and update the plan based on the
individual consumer's needs and changes to the environment. The
license holder must give the consumer or consumer's legal
representative and case manager an opportunity to participate in
the ongoing plan development. The license holder shall obtain
dated signatures from the consumer or consumer's legal
representative and case manager to document completion of the
annual review and approval of plan changes.
Sec. 17. Minnesota Statutes 2002, section 245B.06,
subdivision 5, is amended to read:
Subd. 5. [PROGRESS REVIEWS.] The license holder must
participate in progress review meetings following stated time
lines established in the consumer's individual service plan or
as requested in writing by the consumer, the consumer's legal
representative, or the case manager, at a minimum of once a
year. The license holder must summarize the progress toward
achieving the desired outcomes and make recommendations in a
written report sent to the consumer or the consumer's legal
representative and case manager prior to the review meeting.
For consumers under public guardianship, the license holder is
required to provide quarterly written progress review reports to
the consumer, designated family member, and case manager.
Sec. 18. Minnesota Statutes 2002, section 245B.07,
subdivision 6, is amended to read:
Subd. 6. [STAFF TRAINING.] (a) The A license holder
providing semi-independent living services shall ensure that
direct service staff annually complete hours of training equal
to two one percent of the number of hours the staff person
worked or one percent for license holders providing
semi-independent living services. All other license holders
shall ensure that direct service staff annually complete hours
of training as follows:
(1) if the direct services staff have been employed for one
to 24 months and:
(i) the average number of work hours scheduled per week is
30 to 40 hours, the staff must annually complete 40 training
hours;
(ii) the average number of work hours scheduled per week is
20 to 29 hours, the staff must annually complete 30 training
hours; and
(iii) the average number of work hours scheduled per week
is one to 19 hours, the staff must annually complete 20 training
hours; or
(2) if the direct services staff have been employed for
more than 24 months and:
(i) the average number of work hours scheduled per week is
30 to 40 hours, the staff must annually complete 20 training
hours;
(ii) the average number of work hours scheduled per week is
20 to 29 hours, the staff must annually complete 15 training
hours; and
(iii) the average number of work hours scheduled per week
is one to 19 hours, the staff must annually complete 12 training
hours.
If direct service staff has received training from a
license holder licensed under a program rule identified in this
chapter or completed course work regarding disability-related
issues from a post-secondary educational institute, that
training may also count toward training requirements for other
services and for other license holders.
(b) The license holder must document the training completed
by each employee.
(c) Training shall address staff competencies necessary to
address the consumer needs as identified in the consumer's
individual service plan and ensure consumer health, safety, and
protection of rights. Training may also include other areas
identified by the license holder.
(d) For consumers requiring a 24-hour plan of care, the
license holder shall provide training in cardiopulmonary
resuscitation, from a qualified source determined by the
commissioner, if the consumer's health needs as determined by
the consumer's physician indicate trained staff would be
necessary to the consumer.
Sec. 19. Minnesota Statutes 2002, section 245B.07,
subdivision 9, is amended to read:
Subd. 9. [AVAILABILITY OF CURRENT WRITTEN POLICIES AND
PROCEDURES.] The license holder shall:
(1) review and update, as needed, the written policies and
procedures in this chapter and inform all consumers or the
consumer's legal representatives, case managers, and employees
of the revised policies and procedures when they affect the
service provision;
(2) inform consumers or the consumer's legal
representatives of the written policies and procedures in this
chapter upon service initiation. Copies must be available to
consumers or the consumer's legal representatives, case
managers, the county where services are located, and the
commissioner upon request; and
(3) provide all consumers or the consumers' legal
representatives and case managers a copy and explanation of
revisions to policies and procedures that affect consumers'
service-related or protection-related rights under section
245B.04. Unless there is reasonable cause, the license holder
must provide this notice at least 30 days before implementing
the revised policy and procedure. The license holder must
document the reason for not providing the notice at least 30
days before implementing the revisions;
(4) annually notify all consumers or the consumers' legal
representatives and case managers of any revised policies and
procedures under this chapter, other than those in clause (3).
Upon request, the license holder must provide the consumer or
consumer's legal representative and case manager copies of the
revised policies and procedures;
(5) before implementing revisions to policies and
procedures under this chapter, inform all employees of the
revised policies and procedures; and
(6) document and maintain relevant information related to
the policies and procedures in this chapter.
Sec. 20. Minnesota Statutes 2002, section 245B.08,
subdivision 1, is amended to read:
Subdivision 1. [ALTERNATIVE METHODS OF DETERMINING
COMPLIANCE.] (a) In addition to methods specified in chapter
245A, the commissioner may use alternative methods and new
regulatory strategies to determine compliance with this
section. The commissioner may use sampling techniques to ensure
compliance with this section. Notwithstanding section 245A.09,
subdivision 7, paragraph (d) (e), the commissioner may also
extend periods of licensure, not to exceed five years, for
license holders who have demonstrated substantial and consistent
compliance with sections 245B.02 to 245B.07 and have
consistently maintained the health and safety of consumers and
have demonstrated by alternative methods in paragraph (b) that
they meet or exceed the requirements of this section. For
purposes of this section, "substantial and consistent
compliance" means that during the current licensing period:
(1) the license holder's license has not been made
conditional, suspended, or revoked;
(2) there have been no substantiated allegations of
maltreatment against the license holder;
(3) there have been no program deficiencies that have been
identified that would jeopardize the health or safety of
consumers being served; and
(4) the license holder is in substantial compliance with
the other requirements of chapter 245A and other applicable laws
and rules.
(b) To determine the length of a license, the commissioner
shall consider:
(1) information from affected consumers, and the license
holder's responsiveness to consumers' concerns and
recommendations;
(2) self assessments and peer reviews of the standards of
this section, corrective actions taken by the license holder,
and sharing the results of the inspections with consumers, the
consumers' families, and others, as requested;
(3) length of accreditation by an independent accreditation
body, if applicable;
(4) information from the county where the license holder is
located; and
(5) information from the license holder demonstrating
performance that meets or exceeds the minimum standards of this
chapter.
(c) The commissioner may reduce the length of the license
if the license holder fails to meet the criteria in paragraph
(a) and the conditions specified in paragraph (b).
Sec. 21. Minnesota Statutes 2002, section 246.014, is
amended to read:
246.014 [SERVICES.]
The measure of services established and prescribed by
section 246.012, are:
(a) The commissioner of human services shall develop and
maintain state-operated services in a manner consistent with
sections 245.461, 245.487, and 253.28, and chapters 252A, 254A,
and 254B. State-operated services shall be provided in
coordination with counties and other vendors. State-operated
services shall include regional treatment centers, specialized
inpatient or outpatient treatment programs, enterprise services,
community-based services and programs, community preparation
services, consultative services, and other services consistent
with the mission of the department of human services. These
services shall include crisis beds, waivered homes, intermediate
care facilities, and day training and habilitation facilities.
The administrative structure of state-operated services must be
statewide in character. The state-operated services staff may
deliver services at any location throughout the state.
(b) The commissioner of human services shall create and
maintain forensic services programs. Forensic services shall be
provided in coordination with counties and other vendors.
Forensic services shall include specialized inpatient programs
at secure treatment facilities as defined in section 253B.02,
subdivision 18a, consultative services, aftercare services,
community-based services and programs, transition services, or
other services consistent with the mission of the department of
human services.
(c) Community preparation services as identified in
paragraphs (a) and (b) are defined as specialized inpatient or
outpatient services or programs operated outside of a secure
environment but are administered by a secured treatment facility.
(d) The commissioner of human services may establish
policies and procedures which govern the operation of the
services and programs under the direct administrative authority
of the commissioner.
(1) There shall be served in state hospitals a single
standard of food for patients and employees alike, which is
nutritious and palatable together with special diets as
prescribed by the medical staff thereof. There shall be a chief
dietitian in the department of human services and at least one
dietitian at each state hospital. There shall be adequate staff
and equipment for processing, preparation, distribution and
serving of food.
(2) There shall be a staff of persons, professional and
lay, sufficient in number, trained in the diagnosis, care and
treatment of persons with mental illness, physical illness, and
including religious and spiritual counsel through qualified
chaplains (who shall be in the unclassified service) adequate to
take advantage of and put into practice modern methods of
psychiatry, medicine and related field.
(3) There shall be a staff and facilities to provide
occupational and recreational therapy, entertainment and other
creative activities as are consistent with modern methods of
treatment and well being.
(4) There shall be in each state hospital for the care and
treatment of persons with mental illness facilities for the
segregation and treatment of patients and residents who have
communicable disease.
(5) The commissioner of human services shall provide modern
and adequate psychiatric social case work service.
(6) The commissioner of human services shall make every
effort to improve the accommodations for patients and residents
so that the same shall be comfortable and attractive with
adequate furnishings, clothing, and supplies.
(7) The commissioner of human services shall establish
training programs for the training of personnel and may require
the participation of personnel in such programs. Within the
limits of the appropriations available the commissioner may
establish professional training programs in the forms of
educational stipends for positions for which there is a scarcity
of applicants.
(8) The standards herein established shall be adapted and
applied to the diagnosis, care and treatment of persons with
chemical dependency or mental retardation who come within those
terms as defined in the laws relating to the hospitalization and
commitment of such persons, and of persons who have sexual
psychopathic personalities or are sexually dangerous persons as
defined in chapter 253B.
(9) The commissioner of human services shall establish a
program of detection, diagnosis and treatment of persons with
mental illness and persons described in clause (8), and within
the limits of appropriations may establish clinics and staff the
same with persons specially trained in psychiatry and related
fields.
(10) The commissioner of employee relations may reclassify
employees of the state hospitals from time to time, and assign
classifications to such salary brackets as will adequately
compensate personnel and reasonably assure a continuity of
adequate staff.
(11) In addition to the chaplaincy services, provided in
clause (2), the commissioner of human services shall open said
state hospitals to members of the clergy and other spiritual
leaders to the end that religious and spiritual counsel and
services are made available to the patients and residents
therein, and shall cooperate with all members of the clergy and
other spiritual leaders in making said patients and residents
available for religious and spiritual counsel, and shall provide
such members of the clergy and other spiritual leaders with
meals and accommodations.
(12) Within the limits of the appropriations therefor, the
commissioner of human services shall establish and provide
facilities and equipment for research and study in the field of
modern hospital management, the causes of mental and related
illness and the treatment, diagnosis and care of persons with
mental illness and funds provided therefor may be used to make
available services, abilities and advice of leaders in these and
related fields, and may provide them with meals and
accommodations and compensate them for traveling expenses and
services.
Sec. 22. Minnesota Statutes 2002, section 246.015,
subdivision 3, is amended to read:
Subd. 3. Within the limits of the appropriations
available, The commissioner of human services may authorize
state-operated services to provide consultative services for
courts, and state welfare agencies, and supervise the placement
and aftercare of patients, on a fee-for-service basis as defined
in section 246.50, provisionally or otherwise discharged from
a state hospital or institution, state-operated services
facility. State-operated services may also promote and conduct
programs of education for the people of the state relating to
the problem of mental health and mental hygiene. The
commissioner shall administer, expend, and distribute federal
funds which may be made available to the state and other funds
other than those not appropriated by the legislature, which may
be made available to the state for mental health and mental
hygiene purposes.
Sec. 23. Minnesota Statutes 2002, section 246.018,
subdivision 2, is amended to read:
Subd. 2. [MEDICAL DIRECTOR.] The commissioner of human
services shall appoint a medical director, and unless otherwise
established by law, set the salary of a licensed physician to
serve as medical director to assist in establishing and
maintaining the medical policies of the department of human
services. The commissioner may place the medical director's
position in the unclassified service if the position meets the
criteria of section 43A.08, subdivision 1a. The medical
director must be a psychiatrist certified by the board of
psychiatry.
Sec. 24. Minnesota Statutes 2002, section 246.018,
subdivision 3, is amended to read:
Subd. 3. [DUTIES.] The medical director shall:
(1) oversee the clinical provision of inpatient mental
health services provided in the state's regional treatment
centers;
(2) recruit and retain psychiatrists to serve on the state
medical staff established in subdivision 4;
(3) consult with the commissioner of human services, the
assistant commissioner of mental health, community mental health
center directors, and the regional treatment center governing
bodies state-operated services governing body to develop
standards for treatment and care of patients in regional
treatment centers and outpatient state-operated service
programs;
(4) develop and oversee a continuing education program for
members of the regional treatment center medical staff; and
(5) consult with the commissioner on the appointment of the
chief executive officers for regional treatment centers; and
(6) participate and cooperate in the development and
maintenance of a quality assurance program for regional
treatment centers state-operated services that assures that
residents receive quality inpatient care and continuous quality
care once they are discharged or transferred to an outpatient
setting.
Sec. 25. Minnesota Statutes 2002, section 246.018,
subdivision 4, is amended to read:
Subd. 4. [REGIONAL TREATMENT CENTER STATE-OPERATED
SERVICES MEDICAL STAFF.] (a) The commissioner of human services
medical director shall establish a regional treatment center
state-operated service medical staff which shall be under the
clinical direction of the office of medical director.
(b) The medical director, in conjunction with the regional
treatment center medical staff, shall:
(1) establish standards and define qualifications for
physicians who care for residents in regional treatment
centers state-operated services;
(2) monitor the performance of physicians who care for
residents in regional treatment centers state-operated services;
and
(3) recommend to the commissioner changes in procedures for
operating regional treatment centers state-operated service
facilities that are needed to improve the provision of medical
care in those facilities.
Sec. 26. Minnesota Statutes 2002, section 246.13, is
amended to read:
246.13 [RECORD OF PATIENTS AND RESIDENTS; DEPARTMENT OF
HUMAN IN STATE-OPERATED SERVICES.]
The commissioner of human services' office shall have,
accessible only by consent of the commissioner or on the order
of a judge or court of record, a record showing the residence,
sex, age, nativity, occupation, civil condition, and date of
entrance or commitment of every person, in the state hospitals
state-operated services facilities as defined under section
246.014 under exclusive control of the commissioner,; the date
of discharge and whether such discharge was final,; the
condition of such the person when the person left the state
hospital, state-operated services facility; and the date and
cause of all deaths. The record shall state every transfer from
one state hospital state-operated services facility to another,
naming each state-operated services facility. This information
shall be furnished to the commissioner of human services by each
public and private agency, along with such other obtainable
facts as the commissioner may from time to time require. The
chief executive officer of each such state hospital, within ten
days after the commitment or entrance thereto of a patient or
resident, shall cause a true copy of an entrance record to be
forwarded to the commissioner of human services. When a patient
or resident leaves, in a state-operated services facility is
discharged or, transferred, or dies in any state hospital,
the chief executive officer, or other person in charge head of
the state-operated services facility or designee shall inform
the commissioner of human services of these events within ten
days thereafter on forms furnished by the commissioner.
The commissioner of human services may authorize the chief
executive officer of any state hospital for persons with mental
illness or mental retardation, to release to public or private
medical personnel, hospitals, clinics, local social services
agencies or other specifically designated interested persons or
agencies any information regarding any patient or resident
thereat, if, in the opinion of the commissioner, it will be for
the benefit of the patient or resident.
Sec. 27. Minnesota Statutes 2002, section 246.15, is
amended to read:
246.15 [MONEY OF INMATES OF PUBLIC WELFARE INSTITUTIONS
PATIENTS OR RESIDENTS.]
Subdivision 1. [RECORD KEEPING OF MONEY.] The chief
executive officer of each institution head of the state-operated
services facility or designee under the jurisdiction of the
commissioner of human services shall may have the care and
custody of all money belonging to inmates thereof patients or
residents which may come into the chief executive officer's head
of the state-operated services facility or designee's hands,.
The head of the state-operated services facility or designee
shall keep accurate accounts thereof of the money, and pay them
out under rules prescribed by law or by the commissioner of
human services, taking vouchers therefor for the money.
All such money received by any officer or employee shall be paid
to the chief executive officer forthwith head of the
state-operated services facility or designee immediately. Every
such executive officer head of the state-operated services
facility or designee, at the close of each month, or oftener
earlier if required by the commissioner, shall forward to the
commissioner a statement of the amount of all money so received
and the names of the inmates patients or residents from whom
received, accompanied by a check for the amount, payable to the
state treasurer. On receipt of such the statement, the
commissioner shall transmit the same statement along with a
check to the commissioner of finance, together with such check,
who shall deliver the same statement and check to the state
treasurer. Upon the payment of such the check, the amount shall
be credited to a fund to be known as "Inmates Client Fund," for
the institution from which the same check was received. All
such funds shall be paid out by the state treasurer upon
vouchers duly approved by the commissioner of human services as
in other cases. The commissioner may permit a contingent fund
to remain in the hands of the executive officer head of the
state-operated services facility or designee of any such the
institution from which necessary expenditure expenditures may
from time to time be made.
Subd. 2. [CORRECTIONAL INMATES FUND.] Any money in the
inmates fund provided for in this section, belonging to inmates
of state institutions under the jurisdiction of the commissioner
of corrections shall forthwith be immediately transferred by the
commissioner of human services to the correctional inmates
inmates' fund created by section 241.08.
Sec. 28. Minnesota Statutes 2002, section 246.16, is
amended to read:
246.16 [UNCLAIMED MONEY OR PERSONAL PROPERTY OF
INMATES PATIENTS OR RESIDENTS.]
Subdivision 1. [UNCLAIMED MONEY.] When there money has
heretofore accumulated or shall hereafter accumulate in the
hands of the superintendent of any state institution head of the
state-operated services facility or designee under the
jurisdiction of the commissioner of human services money
belonging to inmates patients or residents of such the
institution who have died therein there, or
disappeared therefrom from there, and for which money there is
no claimant or person entitled thereto to the money known to the
superintendent, such head of the state-operated services
facility or designee the money may, at the discretion of such
superintendent the head of the state-operated services facility
or designee, to be expended under the direction of the
superintendent head of the state-operated services facility or
designee for the amusement, entertainment, and general benefit
of the inmates patients or residents of such the institution.
No money shall be so used until it shall have has remained
unclaimed for at least five years. If, at any time after the
expiration of the five years, the legal heirs of the inmate
shall patients or residents appear and make proper proof of such
heirship, they shall be entitled to receive from the state
treasurer such the sum of money as shall have been expended by
the superintendent head of the state-operated services facility
or designee belonging to the inmate patient or resident.
Subd. 2. [UNCLAIMED PERSONAL PROPERTY.] When any
inmate patient or resident of a state institution state-operated
services facility under the jurisdiction of the commissioner of
human services has died or disappeared therefrom, or hereafter
shall die or disappear therefrom dies or disappears from the
state-operated services facility, leaving personal property
exclusive of money in the custody of the superintendent thereof
personal property, exclusive of money, which head of the
state-operated services facility or designee and the property
remains unclaimed for a period of two years, and there is with
no person entitled thereto to the property known to the
superintendent head of the state-operated services or designee,
the superintendent or an agent head of the state-operated
services facility or designee may sell such the property at
public auction. Notice of such the sale shall be published for
two consecutive weeks in a legal newspaper in the county wherein
where the institution state-operated services facility is
located and shall state the time and place of such the sale.
The proceeds of the sale, after deduction of the costs of
publication and auction, may be expended, at the discretion of
the superintendent head of the state-operated services facility
or designee, for the entertainment and benefit of the inmates
patients or residents of such institution the state-operated
services facility. Any inmate patient or resident, or heir or
representative of the inmate patient or resident, may file with,
and make proof of ownership to, the superintendent head of the
state-operated services facility or designee of the institution
state-operated services facility disposing of such the personal
property within four years after such the sale, and, upon proof
satisfactory proof to such superintendent the head of the
state-operated services or designee, shall certify for payment
to the state treasurer the amount received by the sale of such
the property. No suit shall be brought for damages consequent
to the disposal of personal property or use of money in
accordance with this section against the state or any official,
employee, or agent thereof.
Sec. 29. Minnesota Statutes 2002, section 246.57,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORIZED.] The commissioner of human
services may authorize any state state-operated services
facility operated under the authority of the commissioner to
enter into agreement with other governmental entities and both
nonprofit and for-profit organizations for participation in
shared service agreements that would be of mutual benefit to the
state, other governmental entities and organizations involved,
and the public. Notwithstanding section 16C.05, subdivision 2,
the commissioner of human services may delegate the execution of
shared services contracts to the chief executive officers of the
regional centers or state operated nursing homes. No additional
employees shall be added to the legislatively approved
complement for any regional center or state nursing home as a
result of entering into any shared service agreement. However,
Positions funded by a shared service agreement may be are
authorized by the commissioner of finance for the duration of
the shared service agreement. The charges for the services
shall be on an actual cost basis. All receipts for shared
services may be retained by the regional treatment center or
state-operated nursing home service that provided the services,
in addition to other funding the regional treatment center or
state-operated nursing home receives.
Sec. 30. Minnesota Statutes 2002, section 246.57,
subdivision 4, is amended to read:
Subd. 4. [SHARED STAFF OR SERVICES.] The commissioner of
human services may authorize a regional treatment center
state-operated services to provide staff or services to Camp
Confidence in return for services to, or use of the camp's
facilities by, residents of the treatment center facility who
have mental retardation or a related condition.
Sec. 31. Minnesota Statutes 2002, section 246.57,
subdivision 6, is amended to read:
Subd. 6. [DENTAL SERVICES.] The commissioner of human
services shall authorize any regional treatment center or
state-operated nursing home services facility under the
commissioner's authority to provide dental services to disabled
persons who are eligible for medical assistance and are not
residing at the regional treatment center or state-operated
nursing home, provided that the reimbursement received for these
services is sufficient to cover actual costs. To provide these
services, regional treatment centers and state-operated nursing
homes may participate under contract with health networks in
their service area. Notwithstanding section 16C.05, subdivision
2, the commissioner of human services may delegate the execution
of these dental services contracts to the chief executive
officers of the regional centers or state-operated nursing
homes. All receipts for these dental services shall be retained
by the regional treatment center or state-operated nursing home
that provides the services and shall be in addition to other
funding the regional treatment center or state-operated nursing
home receives.
Sec. 32. Minnesota Statutes 2002, section 246.71,
subdivision 4, is amended to read:
Subd. 4. [EMPLOYEE OF A SECURE TREATMENT FACILITY OR
EMPLOYEE.] "Employee of a secure treatment facility" or
"employee" means an employee of the Minnesota security hospital
or a secure treatment facility operated by the Minnesota sexual
psychopathic personality treatment center sex offender program.
Sec. 33. Minnesota Statutes 2002, section 246.71,
subdivision 5, is amended to read:
Subd. 5. [SECURE TREATMENT FACILITY.] "Secure treatment
facility" means the Minnesota security hospital or the Minnesota
sexual psychopathic personality treatment center and the
Minnesota sex offender program facility in Moose Lake and any
portion of the Minnesota sex offender program operated by the
Minnesota sex offender program at the Minnesota security
hospital.
Sec. 34. Minnesota Statutes 2002, section 246B.02, is
amended to read:
246B.02 [ESTABLISHMENT OF MINNESOTA SEXUAL PSYCHOPATHIC
PERSONALITY TREATMENT CENTER SEX OFFENDER PROGRAM.]
The commissioner of human services shall establish and
maintain a secure facility located in Moose Lake. The facility
shall be known as shall be operated by the Minnesota Sexual
Psychopathic Personality Treatment Center sex offender program.
The facility program shall provide care and treatment in secure
treatment facilities to 100 persons committed by the courts as
sexual psychopathic personalities or sexually dangerous persons,
or persons admitted there with the consent of the commissioner
of human services.
Sec. 35. Minnesota Statutes 2002, section 246B.03, is
amended to read:
246B.03 [LICENSURE.]
The commissioner of human services shall apply to the
commissioner of health to license the secure treatment
facilities operated by the Minnesota Sexual Psychopathic
Personality Treatment Center sex offender program as a
supervised living facility facilities with applicable program
licensing standards.
Sec. 36. Minnesota Statutes 2002, section 246B.04, is
amended to read:
246B.04 [RULES; EVALUATION.]
The commissioner of human services shall adopt rules to
govern the operation, maintenance, and licensure of the secure
treatment facilities operated by the Minnesota sex offender
program established at the Minnesota Sexual Psychopathic
Personality Treatment Center, or at any other facility operated
by the commissioner, for persons committed as a sexual
psychopathic personality or sexually dangerous person. The
commissioner shall establish an evaluation process to measure
outcomes and behavioral changes as a result of treatment
compared with incarceration without treatment, to determine the
value, if any, of treatment in protecting the public.
Sec. 37. Minnesota Statutes 2002, section 252.025,
subdivision 7, is amended to read:
Subd. 7. [MINNESOTA EXTENDED TREATMENT OPTIONS.] The
commissioner shall develop by July 1, 1997, the Minnesota
extended treatment options to serve Minnesotans who have mental
retardation and exhibit severe behaviors which present a risk to
public safety. This program must provide specialized
residential services on the Cambridge campus in Cambridge and an
array of community support services statewide.
Sec. 38. Minnesota Statutes 2002, section 252.06, is
amended to read:
252.06 [SHERIFF TO TRANSPORT PERSONS WITH MENTAL
RETARDATION.]
It shall be the duty of the sheriff of any county, upon the
request of the commissioner of human services, to take charge of
and, transport, and deliver any person with mental retardation
who has been committed by the district court of any county to
the care and custody of the commissioner of human services
to such state hospital a state-operated services facility as may
be designated by the commissioner of human services and there
deliver such person to the chief executive officer of the state
hospital.
Sec. 39. Minnesota Statutes 2002, section 252.27,
subdivision 2a, is amended to read:
Subd. 2a. [CONTRIBUTION AMOUNT.] (a) The natural or
adoptive parents of a minor child, including a child determined
eligible for medical assistance without consideration of
parental income, must contribute monthly to the cost of
services, unless the child is married or has been married,
parental rights have been terminated, or the child's adoption is
subsidized according to section 259.67 or through title IV-E of
the Social Security Act.
(b) For households with adjusted gross income equal to or
greater than 100 percent of federal poverty guidelines, the
parental contribution shall be the greater of a minimum monthly
fee of $25 for households with adjusted gross income of $30,000
and over, or an amount to be computed by applying the following
schedule of rates to the adjusted gross income of the natural or
adoptive parents that exceeds 150 percent of the federal poverty
guidelines for the applicable household size, the following
schedule of rates:
(1) on the amount of adjusted gross income over 150 percent
of poverty, but not over $50,000, ten percent if the adjusted
gross income is equal to or greater than 100 percent of federal
poverty guidelines and less than 175 percent of federal poverty
guidelines, the parental contribution is $4 per month;
(2) on if the amount of adjusted gross income over 150
percent of poverty and over $50,000 but not over $60,000, 12
percent is equal to or greater than 175 percent of federal
poverty guidelines and less than or equal to 375 percent of
federal poverty guidelines, the parental contribution shall be
determined using a sliding fee scale established by the
commissioner of human services which begins at one percent of
adjusted gross income at 175 percent of federal poverty
guidelines and increases to 7.5 percent of adjusted gross income
for those with adjusted gross income up to 375 percent of
federal poverty guidelines;
(3) on if the amount of adjusted gross income over 150 is
greater than 375 percent of federal poverty, and over $60,000
but not over $75,000, 14 percent guidelines and less than 675
percent of federal poverty guidelines, the parental contribution
shall be 7.5 percent of adjusted gross income; and
(4) on all if the adjusted gross income amounts over 150 is
equal to or greater than 675 percent of federal poverty, and
over $75,000, 15 percent guidelines and less than 975 percent of
federal poverty guidelines, the parental contribution shall be
ten percent of adjusted gross income; and
(5) if the adjusted gross income is equal to or greater
than 975 percent of federal poverty guidelines, the parental
contribution shall be 12.5 percent of adjusted gross income.
If the child lives with the parent, the parental
contribution annual adjusted gross income is reduced by $200,
except that the parent must pay the minimum monthly $25 fee
under this paragraph $2,400 prior to calculating the parental
contribution. If the child resides in an institution specified
in section 256B.35, the parent is responsible for the personal
needs allowance specified under that section in addition to the
parental contribution determined under this section. The
parental contribution is reduced by any amount required to be
paid directly to the child pursuant to a court order, but only
if actually paid.
(c) The household size to be used in determining the amount
of contribution under paragraph (b) includes natural and
adoptive parents and their dependents under age 21, including
the child receiving services. Adjustments in the contribution
amount due to annual changes in the federal poverty guidelines
shall be implemented on the first day of July following
publication of the changes.
(d) For purposes of paragraph (b), "income" means the
adjusted gross income of the natural or adoptive parents
determined according to the previous year's federal tax form.
(e) The contribution shall be explained in writing to the
parents at the time eligibility for services is being
determined. The contribution shall be made on a monthly basis
effective with the first month in which the child receives
services. Annually upon redetermination or at termination of
eligibility, if the contribution exceeded the cost of services
provided, the local agency or the state shall reimburse that
excess amount to the parents, either by direct reimbursement if
the parent is no longer required to pay a contribution, or by a
reduction in or waiver of parental fees until the excess amount
is exhausted.
(f) The monthly contribution amount must be reviewed at
least every 12 months; when there is a change in household size;
and when there is a loss of or gain in income from one month to
another in excess of ten percent. The local agency shall mail a
written notice 30 days in advance of the effective date of a
change in the contribution amount. A decrease in the
contribution amount is effective in the month that the parent
verifies a reduction in income or change in household size.
(g) Parents of a minor child who do not live with each
other shall each pay the contribution required under paragraph
(a), except that a. An amount equal to the annual court-ordered
child support payment actually paid on behalf of the child
receiving services shall be deducted from the contribution
adjusted gross income of the parent making the payment prior to
calculating the parental contribution under paragraph (b).
(h) The contribution under paragraph (b) shall be increased
by an additional five percent if the local agency determines
that insurance coverage is available but not obtained for the
child. For purposes of this section, "available" means the
insurance is a benefit of employment for a family member at an
annual cost of no more than five percent of the family's annual
income. For purposes of this section, "insurance" means health
and accident insurance coverage, enrollment in a nonprofit
health service plan, health maintenance organization,
self-insured plan, or preferred provider organization.
Parents who have more than one child receiving services
shall not be required to pay more than the amount for the child
with the highest expenditures. There shall be no resource
contribution from the parents. The parent shall not be required
to pay a contribution in excess of the cost of the services
provided to the child, not counting payments made to school
districts for education-related services. Notice of an increase
in fee payment must be given at least 30 days before the
increased fee is due.
(i) The contribution under paragraph (b) shall be reduced
by $300 per fiscal year if, in the 12 months prior to July 1:
(1) the parent applied for insurance for the child;
(2) the insurer denied insurance;
(3) the parents submitted a complaint or appeal, in writing
to the insurer, submitted a complaint or appeal, in writing, to
the commissioner of health or the commissioner of commerce, or
litigated the complaint or appeal; and
(4) as a result of the dispute, the insurer reversed its
decision and granted insurance.
For purposes of this section, "insurance" has the meaning
given in paragraph (h).
A parent who has requested a reduction in the contribution
amount under this paragraph shall submit proof in the form and
manner prescribed by the commissioner or county agency,
including, but not limited to, the insurer's denial of
insurance, the written letter or complaint of the parents, court
documents, and the written response of the insurer approving
insurance. The determinations of the commissioner or county
agency under this paragraph are not rules subject to chapter 14.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 40. Minnesota Statutes 2002, section 253.015,
subdivision 1, is amended to read:
Subdivision 1. [STATE HOSPITALS STATE-OPERATED SERVICES
FOR PERSONS WITH MENTAL ILLNESS.] The state hospitals
state-operated services facilities located at Anoka, Brainerd,
Fergus Falls, St. Peter, and Willmar, and Moose Lake until June
30, 1995, shall constitute the state hospitals state-operated
services facilities for persons with mental illness, and shall
be maintained under the general management of the commissioner
of human services. The commissioner of human services shall
determine to what state hospital state-operated services
facility persons with mental illness shall be committed from
each county and notify the judge exercising probate jurisdiction
thereof, and of changes made from time to time. The chief
executive officer of each hospital for persons with mental
illness shall be known as the chief executive officer.
Sec. 41. Minnesota Statutes 2002, section 253.017, is
amended to read:
253.017 [TREATMENT PROVIDED BY REGIONAL TREATMENT CENTERS
STATE-OPERATED SERVICES.]
Subdivision 1. [ACTIVE PSYCHIATRIC TREATMENT.] The
regional treatment centers state-operated services shall provide
active psychiatric treatment according to contemporary
professional standards. Treatment must be designed to:
(1) stabilize the individual and the symptoms that required
hospital admission;
(2) restore individual functioning to a level permitting
return to the community;
(3) strengthen family and community support; and
(4) facilitate discharge, after care, and follow-up as
patients return to the community.
Subd. 2. [NEED FOR SERVICES.] The commissioner shall
determine the need for the psychiatric services provided by the
department based upon individual needs assessments of persons in
the regional treatment centers state-operated services as
required by section 245.474, subdivision 2, and an evaluation
of: (1) regional treatment center state-operated service
programs, (2) programs needed in the region for persons who
require hospitalization, and (3) available epidemiologic data.
Throughout its planning and implementation, the assessment
process must be discussed with the state advisory council on
mental health in accordance with its duties under section
245.697. Continuing assessment of this information must be
considered in planning for and implementing changes in
state-operated programs and facilities for persons with mental
illness. By January 31, 1990, the commissioner shall submit a
proposal for renovation or new construction of the facilities at
Anoka, Brainerd, Moose Lake, and Fergus Falls. Expansion may be
considered only after a thorough analysis of need and in
conjunction with a comprehensive mental health plan.
Subd. 3. [DISSEMINATION OF ADMISSION AND STAY CRITERIA.]
The commissioner shall periodically disseminate criteria for
admission and continued stay in a regional treatment center and
security hospital state-operated services facility. The
commissioner shall disseminate the criteria to the courts of the
state and counties.
Sec. 42. Minnesota Statutes 2002, section 253.20, is
amended to read:
253.20 [MINNESOTA SECURITY HOSPITAL.]
The commissioner of human services is hereby authorized and
directed to shall erect, equip, and maintain in connection with
a state hospital at St. Peter a suitable building to be known as
the Minnesota Security Hospital, for the purpose of holding in
custody and caring for such persons with mental illness or
mental retardation as providing a secure treatment facility as
defined in section 253B.02, subdivision 18a, for persons who may
be committed thereto there by courts of criminal jurisdiction,
or otherwise, or transferred thereto there by the commissioner
of human services, and for such persons as may be declared
insane who are found to be mentally ill while confined in any
penal institution correctional facility, or who may be found to
be mentally ill and dangerous, and the commissioner shall
supervise and manage the same as in the case of other state
hospitals.
Sec. 43. Minnesota Statutes 2002, section 253.26, is
amended to read:
253.26 [TRANSFERS OF PATIENTS OR RESIDENTS.]
When any person of the state hospital for patients with
mental illness or residents with mental retardation is found by
the commissioner of human services to have homicidal tendencies
or to be under sentence or indictment or information the person
may be transferred by the commissioner to the Minnesota Security
Hospital for safekeeping and treatment The commissioner of human
services may transfer a committed patient to the Minnesota
Security Hospital following a determination that the patient's
behavior presents a danger to others and treatment in a secure
treatment facility is necessary. The commissioner shall
establish a written policy creating the transfer criteria.
Sec. 44. Minnesota Statutes 2002, section 253B.02,
subdivision 18a, is amended to read:
Subd. 18a. [SECURE TREATMENT FACILITY.] "Secure treatment
facility" means the Minnesota security hospital or the Minnesota
sexual psychopathic personality treatment center and the
Minnesota sex offender program facility in Moose Lake and any
portion of the Minnesota sex offender program operated by the
Minnesota sex offender program at the Minnesota security
hospital, but does not include services or programs administered
by the secure treatment facility outside a secure environment.
Sec. 45. Minnesota Statutes 2002, section 253B.04,
subdivision 1, is amended to read:
Subdivision 1. [VOLUNTARY ADMISSION AND TREATMENT.] (a)
Voluntary admission is preferred over involuntary commitment and
treatment. Any person 16 years of age or older may request to
be admitted to a treatment facility as a voluntary patient for
observation, evaluation, diagnosis, care and treatment without
making formal written application. Any person under the age of
16 years may be admitted as a patient with the consent of a
parent or legal guardian if it is determined by independent
examination that there is reasonable evidence that (1) the
proposed patient has a mental illness, or is mentally retarded
or chemically dependent; and (2) the proposed patient is
suitable for treatment. The head of the treatment facility
shall not arbitrarily refuse any person seeking admission as a
voluntary patient. In making decisions regarding admissions,
the facility shall use clinical admission criteria consistent
with the current applicable inpatient admission standards
established by the American Psychiatric Association or the
American Academy of Child and Adolescent Psychiatry. These
criteria must be no more restrictive than, and must be
consistent with, the requirements of section 62Q.53. The
facility may not refuse to admit a person voluntarily solely
because the person does not meet the criteria for involuntary
holds under section 253B.05 or the definition of mental illness
under section 253B.02, subdivision 13.
(b) In addition to the consent provisions of paragraph (a),
a person who is 16 or 17 years of age who refuses to consent
personally to admission may be admitted as a patient for mental
illness or chemical dependency treatment with the consent of a
parent or legal guardian if it is determined by an independent
examination that there is reasonable evidence that the proposed
patient is chemically dependent or has a mental illness and is
suitable for treatment. The person conducting the examination
shall notify the proposed patient and the parent or legal
guardian of this determination.
(c) A person who is voluntarily participating in treatment
for a mental illness is not subject to civil commitment under
this chapter if the person:
(1) has given informed consent or, if lacking capacity, is
a person for whom legally valid substitute consent has been
given; and
(2) is participating in a medically appropriate course of
treatment, including clinically appropriate and lawful use of
neuroleptic medication and electroconvulsive therapy. The
limitation on commitment in this paragraph does not apply if,
based on clinical assessment, the court finds that it is
unlikely that the person will remain in and cooperate with a
medically appropriate course of treatment absent commitment and
the standards for commitment are otherwise met. This paragraph
does not apply to a person for whom commitment proceedings are
initiated pursuant to rule 20.01 or 20.02 of the Rules of
Criminal Procedure, or a person found by the court to meet the
requirements under section 253B.02, subdivision 17.
Legally valid substitute consent may be provided by a proxy
under a health care directive, a guardian or conservator with
authority to consent to mental health treatment, or consent to
admission under subdivision 1a or 1b.
Sec. 46. Minnesota Statutes 2002, section 253B.05,
subdivision 3, is amended to read:
Subd. 3. [DURATION OF HOLD.] (a) Any person held pursuant
to this section may be held up to 72 hours, exclusive of
Saturdays, Sundays, and legal holidays after admission. If a
petition for the commitment of the person is filed in the
district court in the county of the person's residence or of the
county in which the treatment facility is located, the court may
issue a judicial hold order pursuant to section 253B.07,
subdivision 2b.
(b) During the 72-hour hold period, a court may not release
a person held under this section unless the court has received a
written petition for release and held a summary hearing
regarding the release. The petition must include the name of
the person being held, the basis for and location of the hold,
and a statement as to why the hold is improper. The petition
also must include copies of any written documentation under
subdivision 1 or 2 in support of the hold, unless the person
holding the petitioner refuses to supply the documentation. The
hearing must be held as soon as practicable and may be conducted
by means of a telephone conference call or similar method by
which the participants are able to simultaneously hear each
other. If the court decides to release the person, the court
shall direct the release and shall issue written findings
supporting the decision. The release may not be delayed pending
the written order. Before deciding to release the person, the
court shall make every reasonable effort to provide notice of
the proposed release to:
(1) any specific individuals identified in a statement
under subdivision 1 or 2 or individuals identified in the record
who might be endangered if the person was not held;
(2) the examiner whose written statement was a basis for a
hold under subdivision 1; and
(3) the peace or health officer who applied for a hold
under subdivision 2.
(c) If a person is intoxicated in public and held under
this section for detoxification, a treatment facility may
release the person without providing notice under paragraph (d)
as soon as the treatment facility determines the person is no
longer a danger to themselves or others. Notice must be
provided to the peace officer or health officer who transported
the person, or the appropriate law enforcement agency, if the
officer or agency requests notification.
(c) (d) If a treatment facility releases a person during
the 72-hour hold period, the head of the treatment facility
shall immediately notify the agency which employs the peace or
health officer who transported the person to the treatment
facility under this section.
(e) A person held under a 72-hour emergency hold must be
released by the facility within 72 hours unless a court order to
hold the person is obtained. A consecutive emergency hold order
under this section may not be issued.
Sec. 47. Minnesota Statutes 2002, section 253B.09,
subdivision 1, is amended to read:
Subdivision 1. [STANDARD OF PROOF.] (a) If the court finds
by clear and convincing evidence that the proposed patient is a
person who is mentally ill, mentally retarded, or chemically
dependent and after careful consideration of reasonable
alternative dispositions, including but not limited to,
dismissal of petition, voluntary outpatient care, voluntary
admission to a treatment facility, appointment of a guardian or
conservator, or release before commitment as provided for in
subdivision 4, it finds that there is no suitable alternative to
judicial commitment, the court shall commit the patient to the
least restrictive treatment program or alternative programs
which can meet the patient's treatment needs consistent with
section 253B.03, subdivision 7.
(b) In deciding on the least restrictive program, the court
shall consider a range of treatment alternatives including, but
not limited to, community-based nonresidential treatment,
community residential treatment, partial hospitalization, acute
care hospital, and regional treatment center services. The
court shall also consider the proposed patient's treatment
preferences and willingness to participate voluntarily in the
treatment ordered. The court may not commit a patient to a
facility or program that is not capable of meeting the patient's
needs.
(c) If the commitment as mentally ill, chemically
dependent, or mentally retarded is to a service facility
provided by the commissioner of human services, the court shall
order the commitment to the commissioner. The commissioner
shall designate the placement of the person to the court.
(d) If the court finds a proposed patient to be a person
who is mentally ill under section 253B.02, subdivision 13,
paragraph (a), clause (2) or (4), the court shall commit to a
community-based program that meets the proposed patient's
needs. For purposes of this paragraph, a community-based
program may include inpatient mental health services at a
community hospital.
Sec. 48. Minnesota Statutes 2002, section 256.012, is
amended to read:
256.012 [MINNESOTA MERIT SYSTEM.]
Subdivision 1. [MINNESOTA MERIT SYSTEM.] The commissioner
of human services shall promulgate by rule personnel standards
on a merit basis in accordance with federal standards for a
merit system of personnel administration for all employees of
county boards engaged in the administration of community social
services or income maintenance programs, all employees of human
services boards that have adopted the rules of the Minnesota
merit system, and all employees of local social services
agencies.
Excluded from the rules are employees of institutions and
hospitals under the jurisdiction of the aforementioned boards
and agencies; employees of county personnel systems otherwise
provided for by law that meet federal merit system requirements;
duly appointed or elected members of the aforementioned boards
and agencies; and the director of community social services and
employees in positions that, upon the request of the appointing
authority, the commissioner chooses to exempt, provided the
exemption accords with the federal standards for a merit system
of personnel administration.
Subd. 2. [PAYMENT FOR SERVICES PROVIDED.] (a) The cost of
merit system operations shall be paid by counties and other
entities that utilize merit system services. Total costs shall
be determined by the commissioner annually and must be set at a
level that neither significantly overrecovers nor underrecovers
the costs of providing the service. The costs of merit system
services shall be prorated among participating counties in
accordance with an agreement between the commissioner and these
counties. Participating counties will be billed quarterly in
advance and shall pay their share of the costs upon receipt of
the billing.
(b) This subdivision does not apply to counties with
personnel systems otherwise provided by law that meet federal
merit system requirements. A county that applies to withdraw
from the merit system must notify the commissioner of the
county's intent to develop its own personnel system. This
notice must be provided in writing by December 31 of the year
preceding the year of final participation in the merit system.
The county may withdraw after the commissioner has certified
that its personnel system meets federal merit system
requirements.
(c) A county merit system operations account is established
in the special revenue fund. Payments received by the
commissioner for merit system costs must be deposited in the
merit system operations account and must be used for the purpose
of providing the services and administering the merit system.
(d) County payment of merit system costs is effective July
1, 2003, however payment for the period from July 1, 2003
through December 31, 2003, shall be made no later than January
31, 2004.
Subd. 3. [PARTICIPATING COUNTY CONSULTATION.] The
commissioner shall ensure that participating counties are
consulted regularly and offered the opportunity to provide input
on the management of the merit system to ensure effective use of
resources and to monitor system performance.
Sec. 49. [256.0451] [HEARING PROCEDURES.]
Subdivision 1. [SCOPE.] The requirements in this section
apply to all fair hearings and appeals under section 256.045,
subdivision 3, paragraph (a), clauses (1), (2), (3), (5), (6),
and (7). Except as provided in subdivisions 3 and 19, the
requirements under this section apply to fair hearings and
appeals under section 256.045, subdivision 3, paragraph (a),
clauses (4), (8), and (9).
The term "person" is used in this section to mean an
individual who, on behalf of themselves or their household, is
appealing or disputing or challenging an action, a decision, or
a failure to act, by an agency in the human services system.
When a person involved in a proceeding under this section is
represented by an attorney or by an authorized representative,
the term "person" also refers to the person's attorney or
authorized representative. Any notice sent to the person
involved in the hearing must also be sent to the person's
attorney or authorized representative.
The term "agency" includes the county human services
agency, the state human services agency, and, where applicable,
any entity involved under a contract, subcontract, grant, or
subgrant with the state agency or with a county agency, that
provides or operates programs or services in which appeals are
governed by section 256.045.
Subd. 2. [ACCESS TO FILES.] A person involved in a fair
hearing appeal has the right of access to the person's complete
case files and to examine all private welfare data on the person
which has been generated, collected, stored, or disseminated by
the agency. A person involved in a fair hearing appeal has the
right to a free copy of all documents in the case file involved
in a fair hearing appeal. "Case file" means the information,
documents, and data, in whatever form, which have been
generated, collected, stored, or disseminated by the agency in
connection with the person and the program or service involved.
Subd. 3. [AGENCY APPEAL SUMMARY.] (a) Except in fair
hearings and appeals under section 256.045, subdivision 3,
paragraph (a), clauses (4), (8), and (9), the agency involved in
an appeal must prepare a state agency appeal summary for each
fair hearing appeal. The state agency appeal summary shall be
mailed or otherwise delivered to the person who is involved in
the appeal at least three working days before the date of the
hearing. The state agency appeal summary must also be mailed or
otherwise delivered to the department's appeals office at least
three working days before the date of the fair hearing appeal.
(b) In addition, the appeals referee shall confirm that the
state agency appeal summary is mailed or otherwise delivered to
the person involved in the appeal as required under paragraph
(a). The person involved in the fair hearing should be
provided, through the state agency appeal summary or other
reasonable methods, appropriate information about the procedures
for the fair hearing and an adequate opportunity to prepare.
These requirements apply equally to the state agency or an
entity under contract when involved in the appeal.
(c) The contents of the state agency appeal summary must be
adequate to inform the person involved in the appeal of the
evidence on which the agency relies and the legal basis for the
agency's action or determination.
Subd. 4. [ENFORCING ACCESS TO FILES.] A person involved in
a fair hearing appeal may enforce the right of access to data
and copies of the case file by making a request to the appeals
referee. The appeals referee will make an appropriate order
enforcing the person's rights under the Minnesota Government
Data Practices Act, including but not limited to, ordering
access to files, data, and documents; continuing a hearing to
allow adequate time for access to data; or prohibiting use by
the agency of files, data, or documents which have been
generated, collected, stored, or disseminated without compliance
with the Minnesota Government Data Practices Act and which have
not been provided to the person involved in the appeal.
Subd. 5. [PREHEARING CONFERENCES.] (a) The appeals referee
prior to a fair hearing appeal may hold a prehearing conference
to further the interests of justice or efficiency and must
include the person involved in the appeal. A person involved in
a fair hearing appeal or the agency may request a prehearing
conference. The prehearing conference may be conducted by
telephone, in person, or in writing. The prehearing conference
may address the following:
(1) disputes regarding access to files, evidence,
subpoenas, or testimony;
(2) the time required for the hearing or any need for
expedited procedures or decision;
(3) identification or clarification of legal or other
issues that may arise at the hearing;
(4) identification of and possible agreement to factual
issues; and
(5) scheduling and any other matter which will aid in the
proper and fair functioning of the hearing.
(b) The appeals referee shall make a record or otherwise
contemporaneously summarize the prehearing conference in
writing, which shall be sent to both the person involved in the
hearing, the person's attorney or authorized representative, and
the agency.
Subd. 6. [APPEAL REQUEST FOR EMERGENCY ASSISTANCE OR
URGENT MATTER.] (a) When an appeal involves an application for
emergency assistance, the agency involved shall mail or
otherwise deliver the state agency appeal summary to the
department's appeals office within two working days of receiving
the request for an appeal. A person may also request that a
fair hearing be held on an emergency basis when the issue
requires an immediate resolution. The appeals referee shall
schedule the fair hearing on the earliest available date
according to the urgency of the issue involved. Issuance of the
recommended decision after an emergency hearing shall be
expedited.
(b) The commissioner shall issue a written decision within
five working days of receiving the recommended decision, shall
immediately inform the parties of the outcome by telephone, and
shall mail the decision no later than two working days following
the date of the decision.
Subd. 7. [CONTINUA