Office of the Revisor of Statutes
Minnesota Session Laws - 2004, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 288-H.F.No. 2277
An act relating to human services; making changes to
licensing provisions; regulating child protection
dispositions; clarifying a mental health case
management provision; changing a provision under child
welfare targeted case management; regulating child
care, long-term care, and health care; amending
Minnesota Statutes 2002, sections 13.3806, by adding a
subdivision; 13.43, subdivision 2, by adding a
subdivision; 62A.042; 62A.28; 62A.30, subdivision 2,
by adding a subdivision; 62C.14, subdivision 14;
62H.01; 62H.02; 62H.04; 62J.23, subdivision 2; 62T.02,
by adding a subdivision; 72A.20, by adding a
subdivision; 119B.011, by adding a subdivision;
119B.02, subdivision 4; 119B.03, subdivisions 3, 6a,
by adding a subdivision; 144.2215; 145C.01,
subdivision 7; 147.03, subdivision 1; 198.261; 243.55,
subdivision 1; 245.462, subdivision 18; 245.464, by
adding a subdivision; 245.4881, subdivision 1;
245.814, subdivision 1; 245A.02, subdivisions 2a, 5a,
7, 10, 14, by adding a subdivision; 245A.03,
subdivision 3; 245A.04, subdivisions 5, 6, 7, by
adding a subdivision; 245A.05; 245A.06, subdivisions
2, 4; 245A.07, subdivisions 2, 2a, 3; 245A.08,
subdivision 5; 245A.14, subdivision 4; 245A.16,
subdivision 4; 245A.22, subdivision 2; 245B.02, by
adding a subdivision; 245B.05, subdivision 2; 245B.07,
subdivisions 8, 12; 252.28, subdivision 1; 253B.02, by
adding subdivisions; 253B.03, by adding a subdivision;
253B.185, by adding a subdivision; 256.01, by adding
subdivisions; 256.955, subdivisions 2, 2b; 256B.055,
by adding a subdivision; 256B.0625, by adding a
subdivision; 256B.0911, subdivision 4a; 256B.0916,
subdivision 2; 256B.431, by adding a subdivision;
256B.49, by adding a subdivision; 256D.051,
subdivision 6c; 256F.10, subdivision 5; 256J.01,
subdivision 1; 256J.08, subdivisions 73, 82a; 256J.21,
subdivision 3; 256J.415; 256J.425, subdivision 5;
260C.007, subdivision 18; 260C.201, subdivision 11;
260C.212, subdivision 5; Minnesota Statutes 2003
Supplement, sections 119B.011, subdivisions 6, 8, 10,
15, 20; 119B.03, subdivision 4; 119B.05, subdivision
1; 119B.09, subdivision 7; 119B.12, subdivision 2;
119B.125, subdivisions 1, 2; 119B.13, subdivisions 1,
1a; 119B.189, subdivisions 2, 4; 119B.19, subdivision
1; 119B.24; 119B.25, subdivision 2; 128C.05,
subdivision 1a; 241.021, subdivision 6; 245.4874;
245A.03, subdivision 2; 245A.04, subdivision 1;
245A.08, subdivisions 1, 2a; 245A.085; 245A.11,
subdivisions 2a, 2b; 245A.16, subdivision 1; 245A.22,
subdivision 3; 245B.03, subdivision 2; 245C.02,
subdivision 18; 245C.03, subdivision 1, by adding a
subdivision; 245C.05, subdivisions 1, 2, 5, 6;
245C.08, subdivisions 2, 3, 4; 245C.09, subdivision 1;
245C.13, subdivision 1; 245C.14, subdivision 1;
245C.15, subdivisions 2, 3, 4; 245C.16, subdivision 1;
245C.17, subdivisions 1, 3; 245C.18; 245C.20; 245C.21,
subdivision 3, by adding a subdivision; 245C.22,
subdivisions 3, 4, 5, 6; 245C.23, subdivisions 1, 2;
245C.25; 245C.26; 245C.27, subdivisions 1, 2; 245C.28,
subdivisions 1, 2, 3; 245C.29, subdivision 2; 246.15,
by adding a subdivision; 252.27, subdivision 2a;
256.01, subdivision 2; 256.045, subdivisions 3, 3b;
256.046, subdivision 1; 256.955, subdivision 2a;
256.98, subdivision 8; 256B.0596; 256B.06, subdivision
4; 256B.0622, subdivision 8; 256B.0625, subdivision 9;
256B.0915, subdivisions 3a, 3b; 256B.431, subdivision
32; 256B.69, subdivisions 4, 6b; 256D.03, subdivisions
3, 4; 256J.09, subdivision 3b; 256J.21, subdivision 2;
256J.24, subdivision 5; 256J.32, subdivisions 2, 8;
256J.37, subdivision 9; 256J.425, subdivisions 1, 4,
6; 256J.46, subdivision 1; 256J.49, subdivision 4;
256J.515; 256J.521, subdivisions 1, 2; 256J.53,
subdivision 2; 256J.56; 256J.57, subdivision 1;
256J.626, subdivisions 2, 6, 7; 256J.751, subdivision
2; 256J.95, subdivisions 1, 3, 11, 12, 19; 295.50,
subdivision 9b; 295.53, subdivision 1; 626.556,
subdivisions 10, 10i; 626.557, subdivision 9d; Laws
1997, chapter 245, article 2, section 11, as amended;
proposing coding for new law in Minnesota Statutes,
chapters 62J; 62Q; 119B; 144; 151; 245A; 245B; 246B;
253B; 256B; repealing Minnesota Statutes 2002,
sections 62A.309; 62H.07; 119B.211; 256D.051,
subdivision 17; Minnesota Statutes 2003 Supplement,
section 245C.02, subdivision 17; Laws 2000, chapter
489, article 1, section 36; Laws 2003, First Special
Session chapter 14, article 3, section 56; Minnesota
Rules, parts 9525.1600; 9543.0040, subpart 3;
9543.1000; 9543.1010; 9543.1020; 9543.1030; 9543.1040;
9543.1050; 9543.1060.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
HUMAN SERVICES
Section 1. Minnesota Statutes 2002, section 245.814,
subdivision 1, is amended to read:
Subdivision 1. [INSURANCE FOR FOSTER HOME PROVIDERS.] The
commissioner of human services shall within the appropriation
provided purchase and provide insurance to individuals licensed
as foster home providers to cover their liability for:
(1) injuries or property damage caused or sustained by
persons in foster care in their home; and
(2) actions arising out of alienation of affections
sustained by the birth parents of a foster child or birth
parents or children of a foster adult.
For purposes of this subdivision, insurance for homes
licensed to provide adult foster care shall be limited to family
adult foster care homes as defined in section 144D.01,
subdivision 7, and family adult day services licensed under
section 245A.143.
Sec. 2. Minnesota Statutes 2002, section 245A.02,
subdivision 2a, is amended to read:
Subd. 2a. [ADULT DAY CARE OR FAMILY ADULT DAY SERVICES.]
"Adult day care," means "adult day services," and "family adult
day services" mean a program operating less than 24 hours per
day that provides functionally impaired adults with an
individualized and coordinated set of services including health
services, social services, and nutritional services that are
directed at maintaining or improving the participants'
capabilities for self-care. Adult day care does, adult day
services, and family adult day services do not include programs
where adults gather or congregate primarily for purposes of
socialization, education, supervision, caregiver respite,
religious expression, exercise, or nutritious meals.
Sec. 3. Minnesota Statutes 2002, section 245A.02,
subdivision 5a, is amended to read:
Subd. 5a. [CONTROLLING INDIVIDUAL.] "Controlling
individual" means a public body, governmental agency, business
entity, officer, program administrator, or director owner, or
managerial official whose responsibilities include the direction
of the management or policies of a program. Controlling
individual also means an individual who, directly or indirectly,
beneficially owns an interest in a corporation, partnership, or
other business association that is a controlling individual For
purposes of this subdivision, owner means an individual who has
direct or indirect ownership interest in a corporation,
partnership, or other business association issued a license
under this chapter. For purposes of this subdivision,
managerial official means those individuals who have the
decision-making authority related to the operation of the
program, and the responsibility for the ongoing management of or
direction of the policies, services, or employees of the
program. Controlling individual does not include:
(1) a bank, savings bank, trust company, savings
association, credit union, industrial loan and thrift company,
investment banking firm, or insurance company unless the entity
operates a program directly or through a subsidiary;
(2) an individual who is a state or federal official, or
state or federal employee, or a member or employee of the
governing body of a political subdivision of the state or
federal government that operates one or more programs, unless
the individual is also an officer, owner, or director managerial
official of the program, receives remuneration from the program,
or owns any of the beneficial interests not excluded in this
subdivision;
(3) an individual who owns less than five percent of the
outstanding common shares of a corporation:
(i) whose securities are exempt under section 80A.15,
subdivision 1, clause (f); or
(ii) whose transactions are exempt under section 80A.15,
subdivision 2, clause (b); or
(4) an individual who is a member of an organization exempt
from taxation under section 290.05, unless the individual is
also an officer, owner, or director managerial official of the
program or owns any of the beneficial interests not excluded in
this subdivision. This clause does not exclude from the
definition of controlling individual an organization that is
exempt from taxation.
Sec. 4. Minnesota Statutes 2002, section 245A.02, is
amended by adding a subdivision to read:
Subd. 6c. [FOSTER CARE FOR ADULTS.] "Foster care for
adults" means a program operating 24 hours a day that provides
functionally impaired adults with food, lodging, protection,
supervision, and household services in a residence, in addition
to services according to the individual service plans under
Minnesota Rules, part 9555.5105, subpart 18.
Sec. 5. Minnesota Statutes 2002, section 245A.02,
subdivision 7, is amended to read:
Subd. 7. [FUNCTIONAL IMPAIRMENT.] For the purposes of
adult day care, adult day services, family adult day services,
or adult foster care, "functional impairment" means:
(1) a condition that is characterized by substantial
difficulty in carrying out one or more of the essential major
activities of daily living, such as caring for oneself,
performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, working; or
(2) a disorder of thought or mood that significantly
impairs judgment, behavior, capacity to recognize reality, or
ability to cope with the ordinary demands of life and that
requires support to maintain independence in the community.
Sec. 6. Minnesota Statutes 2002, section 245A.02,
subdivision 10, is amended to read:
Subd. 10. [NONRESIDENTIAL PROGRAM.] "Nonresidential
program" means care, supervision, rehabilitation, training or
habilitation of a person provided outside the person's own home
and provided for fewer than 24 hours a day, including adult day
care programs; a nursing home that receives public funds to
provide services for five or more persons whose primary
diagnosis is mental retardation or a related condition or mental
illness and who do not have a significant physical or medical
problem that necessitates nursing home care; a nursing home or
hospital that was licensed by the commissioner on July 1, 1987,
to provide a program for persons with a physical handicap that
is not the result of the normal aging process and considered to
be a chronic condition; and chemical dependency or chemical
abuse programs that are located in a nursing home or hospital
and receive public funds for providing chemical abuse or
chemical dependency treatment services under chapter 254B.
Nonresidential programs include home and community-based
services and semi-independent living services for persons with
mental retardation or a related condition that are provided in
or outside of a person's own home.
Sec. 7. Minnesota Statutes 2002, section 245A.02,
subdivision 14, is amended to read:
Subd. 14. [RESIDENTIAL PROGRAM.] "Residential program"
means a program that provides 24-hour-a-day care, supervision,
food, lodging, rehabilitation, training, education,
habilitation, or treatment outside a person's own home,
including a nursing home or hospital that receives public funds,
administered by the commissioner, to provide services for five
or more persons whose primary diagnosis is mental retardation or
a related condition or mental illness and who do not have a
significant physical or medical problem that necessitates
nursing home care; a program in an intermediate care facility
for four or more persons with mental retardation or a related
condition; a nursing home or hospital that was licensed by the
commissioner on July 1, 1987, to provide a program for persons
with a physical handicap that is not the result of the normal
aging process and considered to be a chronic condition; and
chemical dependency or chemical abuse programs that are located
in a hospital or nursing home and receive public funds for
providing chemical abuse or chemical dependency treatment
services under chapter 254B. Residential programs include home
and community-based services for persons with mental retardation
or a related condition that are provided in or outside of a
person's own home.
Sec. 8. Minnesota Statutes 2003 Supplement, section
245A.03, subdivision 2, is amended to read:
Subd. 2. [EXCLUSION FROM LICENSURE.] (a) This chapter does
not apply to:
(1) residential or nonresidential programs that are
provided to a person by an individual who is related unless the
residential program is a child foster care placement made by a
local social services agency or a licensed child-placing agency,
except as provided in subdivision 2a;
(2) nonresidential programs that are provided by an
unrelated individual to persons from a single related family;
(3) residential or nonresidential programs that are
provided to adults who do not abuse chemicals or who do not have
a chemical dependency, a mental illness, mental retardation or a
related condition, a functional impairment, or a physical
handicap;
(4) sheltered workshops or work activity programs that are
certified by the commissioner of economic security;
(5) programs operated by a public school for children
enrolled in kindergarten to the 12th grade and prekindergarten
special education in a school as defined in section 120A.22,
subdivision 4, and programs serving children in combined special
education and regular prekindergarten programs that are operated
or assisted by the commissioner of education 33 months or older;
(6) nonresidential programs primarily for children that
provide care or supervision, without charge for ten or fewer
days a year, and for periods of less than three hours a day
while the child's parent or legal guardian is in the same
building as the nonresidential program or present within another
building that is directly contiguous to the building in which
the nonresidential program is located;
(7) nursing homes or hospitals licensed by the commissioner
of health except as specified under section 245A.02;
(8) board and lodge facilities licensed by the commissioner
of health that provide services for five or more persons whose
primary diagnosis is mental illness who have refused an
appropriate residential program offered by a county agency that
do not provide intensive residential treatment;
(9) homes providing programs for persons placed there by a
licensed agency for legal adoption, unless the adoption is not
completed within two years;
(10) programs licensed by the commissioner of corrections;
(11) recreation programs for children or adults that
operate for fewer than 40 calendar days in a calendar year or
programs operated are operated or approved by a park and
recreation board of a city of the first class whose primary
purpose is to provide social and recreational activities to
school age children, provided the program is approved by the
park and recreation board;
(12) programs operated by a school as defined in section
120A.22, subdivision 4, whose primary purpose is to provide
child care to school-age children, provided the program is
approved by the district's school board;
(13) Head Start nonresidential programs which operate for
less than 31 days in each calendar year;
(14) noncertified boarding care homes unless they provide
services for five or more persons whose primary diagnosis is
mental illness or mental retardation;
(15) nonresidential programs for nonhandicapped children
provided for a cumulative total of less than 30 days in any
12-month period;
(16) residential programs for persons with mental illness,
that are located in hospitals, until the commissioner adopts
appropriate rules;
(17) the religious instruction of school-age children;
Sabbath or Sunday schools; or the congregate care of children by
a church, congregation, or religious society during the period
used by the church, congregation, or religious society for its
regular worship;
(18) camps licensed by the commissioner of health under
Minnesota Rules, chapter 4630;
(19) mental health outpatient services for adults with
mental illness or children with emotional disturbance;
(20) residential programs serving school-age children whose
sole purpose is cultural or educational exchange, until the
commissioner adopts appropriate rules;
(21) unrelated individuals who provide out-of-home respite
care services to persons with mental retardation or related
conditions from a single related family for no more than 90 days
in a 12-month period and the respite care services are for the
temporary relief of the person's family or legal representative;
(22) respite care services provided as a home and
community-based service to a person with mental retardation or a
related condition, in the person's primary residence;
(23) community support services programs as defined in
section 245.462, subdivision 6, and family community support
services as defined in section 245.4871, subdivision 17;
(24) the placement of a child by a birth parent or legal
guardian in a preadoptive home for purposes of adoption as
authorized by section 259.47;
(25) settings registered under chapter 144D which provide
home care services licensed by the commissioner of health to
fewer than seven adults; or
(26) consumer-directed community support service funded
under the Medicaid waiver for persons with mental retardation
and related conditions when the individual who provided the
service is:
(i) the same individual who is the direct payee of these
specific waiver funds or paid by a fiscal agent, fiscal
intermediary, or employer of record; and
(ii) not otherwise under the control of a residential or
nonresidential program that is required to be licensed under
this chapter when providing the service.
(b) For purposes of paragraph (a), clause (6), a building
is directly contiguous to a building in which a nonresidential
program is located if it shares a common wall with the building
in which the nonresidential program is located or is attached to
that building by skyway, tunnel, atrium, or common roof.
(c) Nothing in this chapter shall be construed to require
licensure for any services provided and funded according to an
approved federal waiver plan where licensure is specifically
identified as not being a condition for the services and funding.
Sec. 9. Minnesota Statutes 2002, section 245A.03,
subdivision 3, is amended to read:
Subd. 3. [UNLICENSED PROGRAMS.] (a) It is a misdemeanor
for an individual, corporation, partnership, voluntary
association, other organization, or a controlling individual to
provide a residential or nonresidential program without a
license and in willful disregard of this chapter unless the
program is excluded from licensure under subdivision 2.
(b) If, after receiving notice that a license is required,
the individual, corporation, partnership, voluntary association,
other organization, or controlling individual has failed to
apply for a license, The commissioner may ask the appropriate
county attorney or the attorney general to begin proceedings to
secure a court order against the continued operation of the
program, if an individual, corporation, partnership, voluntary
association, other organization, or controlling individual has:
(1) failed to apply for a license after receiving notice
that a license is required;
(2) continued to operate without a license after the
license has been revoked or suspended under section 245A.07, and
the commissioner has issued a final order affirming the
revocation or suspension, or the license holder did not timely
appeal the sanction; or
(3) continued to operate without a license after the
license has been temporarily suspended under section 245A.07.
The county attorney and the attorney general have a duty to
cooperate with the commissioner.
Sec. 10. Minnesota Statutes 2003 Supplement, section
245A.04, subdivision 1, is amended to read:
Subdivision 1. [APPLICATION FOR LICENSURE.] (a) An
individual, corporation, partnership, voluntary association,
other organization or controlling individual that is subject to
licensure under section 245A.03 must apply for a license. The
application must be made on the forms and in the manner
prescribed by the commissioner. The commissioner shall provide
the applicant with instruction in completing the application and
provide information about the rules and requirements of other
state agencies that affect the applicant. An applicant seeking
licensure in Minnesota with headquarters outside of Minnesota
must have a program office located within the state.
The commissioner shall act on the application within 90
working days after a complete application and any required
reports have been received from other state agencies or
departments, counties, municipalities, or other political
subdivisions. The commissioner shall not consider an
application to be complete until the commissioner receives all
of the information required under section 245C.05.
(b) An application for licensure must specify one or more
controlling individuals as an agent who is responsible for
dealing with the commissioner of human services on all matters
provided for in this chapter and on whom service of all notices
and orders must be made. The agent must be authorized to accept
service on behalf of all of the controlling individuals of the
program. Service on the agent is service on all of the
controlling individuals of the program. It is not a defense to
any action arising under this chapter that service was not made
on each controlling individual of the program. The designation
of one or more controlling individuals as agents under this
paragraph does not affect the legal responsibility of any other
controlling individual under this chapter.
(c) An applicant or license holder must have a policy that
prohibits license holders, employees, subcontractors, and
volunteers, when directly responsible for persons served by the
program, from abusing prescription medication or being in any
manner under the influence of a chemical that impairs the
individual's ability to provide services or care. The license
holder must train employees, subcontractors, and volunteers
about the program's drug and alcohol policy.
(d) An applicant and license holder must have a program
grievance procedure that permits persons served by the program
and their authorized representatives to bring a grievance to the
highest level of authority in the program.
Sec. 11. Minnesota Statutes 2002, section 245A.04,
subdivision 5, is amended to read:
Subd. 5. [COMMISSIONER'S RIGHT OF ACCESS.] When the
commissioner is exercising the powers conferred by this
chapter and section 245.69, the commissioner must be given
access to the physical plant and grounds where the program is
provided, documents, persons served by the program, and staff
whenever the program is in operation and the information is
relevant to inspections or investigations conducted by the
commissioner. The commissioner must be given access without
prior notice and as often as the commissioner considers
necessary if the commissioner is conducting an investigation of
allegations of maltreatment or other violation of applicable
laws or rules. In conducting inspections, the commissioner may
request and shall receive assistance from other state, county,
and municipal governmental agencies and departments. The
applicant or license holder shall allow the commissioner to
photocopy, photograph, and make audio and video tape recordings
during the inspection of the program at the commissioner's
expense. The commissioner shall obtain a court order or the
consent of the subject of the records or the parents or legal
guardian of the subject before photocopying hospital medical
records.
Persons served by the program have the right to refuse to
consent to be interviewed, photographed, or audio or videotaped.
Failure or refusal of an applicant or license holder to fully
comply with this subdivision is reasonable cause for the
commissioner to deny the application or immediately suspend or
revoke the license.
Sec. 12. Minnesota Statutes 2002, section 245A.04,
subdivision 6, is amended to read:
Subd. 6. [COMMISSIONER'S EVALUATION.] Before issuing,
denying, suspending, revoking, or making conditional a license,
the commissioner shall evaluate information gathered under this
section. The commissioner's evaluation shall consider facts,
conditions, or circumstances concerning the program's operation,
the well-being of persons served by the program, available
consumer evaluations of the program, and information about the
qualifications of the personnel employed by the applicant or
license holder.
The commissioner shall evaluate the results of the study
required in subdivision 3 and determine whether a risk of harm
to the persons served by the program exists. In conducting this
evaluation, the commissioner shall apply the disqualification
standards set forth in rules adopted under this chapter 245C.
Sec. 13. Minnesota Statutes 2002, section 245A.04,
subdivision 7, is amended to read:
Subd. 7. [ISSUANCE OF A LICENSE; EXTENSION OF A LICENSE.]
(a) If the commissioner determines that the program complies
with all applicable rules and laws, the commissioner shall issue
a license. At minimum, the license shall state:
(1) the name of the license holder;
(2) the address of the program;
(3) the effective date and expiration date of the license;
(4) the type of license;
(5) the maximum number and ages of persons that may receive
services from the program; and
(6) any special conditions of licensure.
(b) The commissioner may issue an initial license for a
period not to exceed two years if:
(1) the commissioner is unable to conduct the evaluation or
observation required by subdivision 4, paragraph (a), clauses (3)
and (4), because the program is not yet operational;
(2) certain records and documents are not available because
persons are not yet receiving services from the program; and
(3) the applicant complies with applicable laws and rules
in all other respects.
(c) A decision by the commissioner to issue a license does
not guarantee that any person or persons will be placed or cared
for in the licensed program. A license shall not be
transferable to another individual, corporation, partnership,
voluntary association, other organization, or controlling or to
another location.
(d) A license holder must notify the commissioner and
obtain the commissioner's approval before making any changes
that would alter the license information listed under paragraph
(a).
(e) The commissioner shall not issue a license if the
applicant, license holder, or controlling individual has:
(1) been disqualified and the disqualification was not set
aside;
(2) has been denied a license within the past two years; or
(3) had a license revoked within the past five years.
For purposes of reimbursement for meals only, under the
Child and Adult Care Food Program, Code of Federal Regulations,
title 7, subtitle B, chapter II, subchapter A, part 226,
relocation within the same county by a licensed family day care
provider, shall be considered an extension of the license for a
period of no more than 30 calendar days or until the new license
is issued, whichever occurs first, provided the county agency
has determined the family day care provider meets licensure
requirements at the new location.
Unless otherwise specified by statute, all licenses expire
at 12:01 a.m. on the day after the expiration date stated on the
license. A license holder must apply for and be granted a new
license to operate the program or the program must not be
operated after the expiration date.
Sec. 14. Minnesota Statutes 2002, section 245A.04, is
amended by adding a subdivision to read:
Subd. 13. [RESIDENTIAL PROGRAMS HANDLING RESIDENT FUNDS
AND PROPERTY; ADDITIONAL REQUIREMENTS.] (a) A license holder
must ensure that residents retain the use and availability of
personal funds or property unless restrictions are justified in
the resident's individual plan.
(b) The license holder must ensure separation of resident
funds from funds of the license holder, the residential program,
or program staff.
(c) Whenever the license holder assists a resident with the
safekeeping of funds or other property, the license holder must:
(1) immediately document receipt and disbursement of the
resident's funds or other property at the time of receipt or
disbursement, including the signature of the resident,
conservator, or payee;
(2) provide a statement, at least quarterly, itemizing
receipts and disbursements of resident funds or other property;
and
(3) return to the resident upon the resident's request,
funds and property in the license holder's possession subject to
restrictions in the resident's treatment plan, as soon as
possible, but no later than three working days after the date of
request.
(d) License holders and program staff must not:
(1) borrow money from a resident;
(2) purchase personal items from a resident;
(3) sell merchandise or personal services to a resident;
(4) require a resident to purchase items for which the
license holder is eligible for reimbursement; or
(5) use resident funds to purchase items for which the
facility is already receiving public or private payments.
Sec. 15. Minnesota Statutes 2002, section 245A.05, is
amended to read:
245A.05 [DENIAL OF APPLICATION.]
The commissioner may deny a license if an applicant fails
to comply with applicable laws or rules, or knowingly withholds
relevant information from or gives false or misleading
information to the commissioner in connection with an
application for a license or during an investigation. An
applicant whose application has been denied by the commissioner
must be given notice of the denial. Notice must be given by
certified mail or personal service. The notice must state the
reasons the application was denied and must inform the applicant
of the right to a contested case hearing under chapter 14 and
Minnesota Rules, parts 1400.8510 1400.8505 to 1400.8612 and
successor rules. The applicant may appeal the denial by
notifying the commissioner in writing by certified mail or
personal service within 20 calendar days after receiving notice
that the application was denied. Section 245A.08 applies to
hearings held to appeal the commissioner's denial of an
application.
Sec. 16. Minnesota Statutes 2002, section 245A.06,
subdivision 2, is amended to read:
Subd. 2. [RECONSIDERATION OF CORRECTION ORDERS.] If the
applicant or license holder believes that the contents of the
commissioner's correction order are in error, the applicant or
license holder may ask the Department of Human Services to
reconsider the parts of the correction order that are alleged to
be in error. The request for reconsideration must be made in
writing and received by must be postmarked and sent to the
commissioner within 20 calendar days after receipt of the
correction order by the applicant or license holder, and:
(1) specify the parts of the correction order that are
alleged to be in error;
(2) explain why they are in error; and
(3) include documentation to support the allegation of
error.
A request for reconsideration does not stay any provisions
or requirements of the correction order. The commissioner's
disposition of a request for reconsideration is final and not
subject to appeal under chapter 14.
Sec. 17. Minnesota Statutes 2002, section 245A.06,
subdivision 4, is amended to read:
Subd. 4. [NOTICE OF CONDITIONAL LICENSE; RECONSIDERATION
OF CONDITIONAL LICENSE.] If a license is made conditional, the
license holder must be notified of the order by certified
mail or personal service. If mailed, the notice must be mailed
to the address shown on the application or the last known
address of the license holder. The notice must state the
reasons the conditional license was ordered and must inform the
license holder of the right to request reconsideration of the
conditional license by the commissioner. The license holder may
request reconsideration of the order of conditional license by
notifying the commissioner by certified mail or personal
service. The request must be made in writing and. If sent by
certified mail, the request must be received by postmarked and
sent to the commissioner within ten calendar days after the
license holder received the order. If a request is made by
personal service, it must be received by the commissioner within
ten calendar days after the license holder received the order.
The license holder may submit with the request for
reconsideration written argument or evidence in support of the
request for reconsideration. A timely request for
reconsideration shall stay imposition of the terms of the
conditional license until the commissioner issues a decision on
the request for reconsideration. If the commissioner issues a
dual order of conditional license under this section and an
order to pay a fine under section 245A.07, subdivision 3, the
license holder has a right to a contested case hearing under
chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612.
The scope of the contested case hearing shall include the fine
and the conditional license. In this case, a reconsideration of
the conditional license will not be conducted under this section.
The commissioner's disposition of a request for
reconsideration is final and not subject to appeal under chapter
14.
Sec. 18. Minnesota Statutes 2002, section 245A.07,
subdivision 2, is amended to read:
Subd. 2. [TEMPORARY IMMEDIATE SUSPENSION.] If the license
holder's actions or failure to comply with applicable law or
rule poses, or the actions of other individuals or conditions in
the program pose an imminent risk of harm to the health, safety,
or rights of persons served by the program, the commissioner
shall act immediately to temporarily suspend the license. No
state funds shall be made available or be expended by any agency
or department of state, county, or municipal government for use
by a license holder regulated under this chapter while a license
is under immediate suspension. A notice stating the reasons for
the immediate suspension and informing the license holder of the
right to an expedited hearing under chapter 14 and Minnesota
Rules, parts 1400.8510 1400.8505 to 1400.8612 and successor
rules, must be delivered by personal service to the address
shown on the application or the last known address of the
license holder. The license holder may appeal an order
immediately suspending a license. The appeal of an order
immediately suspending a license must be made in writing by
certified mail and or personal service. If mailed, the appeal
must be postmarked and sent to the commissioner within five
calendar days after the license holder receives notice that the
license has been immediately suspended. If a request is made by
personal service, it must be received by the commissioner within
five calendar days after the license holder received the order.
A license holder and any controlling individual shall
discontinue operation of the program upon receipt of the
commissioner's order to immediately suspend the license.
Sec. 19. Minnesota Statutes 2002, section 245A.07,
subdivision 2a, is amended to read:
Subd. 2a. [IMMEDIATE SUSPENSION EXPEDITED HEARING.] (a)
Within five working days of receipt of the license holder's
timely appeal, the commissioner shall request assignment of an
administrative law judge. The request must include a proposed
date, time, and place of a hearing. A hearing must be conducted
by an administrative law judge within 30 calendar days of the
request for assignment, unless an extension is requested by
either party and granted by the administrative law judge for
good cause. The commissioner shall issue a notice of hearing by
certified mail or personal service at least ten working days
before the hearing. The scope of the hearing shall be limited
solely to the issue of whether the temporary immediate
suspension should remain in effect pending the commissioner's
final order under section 245A.08, regarding a licensing
sanction issued under subdivision 3 following the immediate
suspension. The burden of proof in expedited hearings under
this subdivision shall be limited to the commissioner's
demonstration that reasonable cause exists to believe that the
license holder's actions or failure to comply with applicable
law or rule poses an imminent risk of harm to the health,
safety, or rights of persons served by the program.
(b) The administrative law judge shall issue findings of
fact, conclusions, and a recommendation within ten working days
from the date of hearing. The parties shall have ten calendar
days to submit exceptions to the administrative law judge's
report. The record shall close at the end of the ten-day period
for submission of exceptions. The commissioner's final order
shall be issued within ten working days from receipt of the
recommendation of the administrative law judge the close of the
record. Within 90 calendar days after a final order affirming
an immediate suspension, the commissioner shall make a
determination regarding whether a final licensing sanction shall
be issued under subdivision 3. The license holder shall
continue to be prohibited from operation of the program during
this 90-day period.
(c) When the final order under paragraph (b) affirms an
immediate suspension, and a final licensing sanction is issued
under subdivision 3 and the license holder appeals that
sanction, the license holder continues to be prohibited from
operation of the program pending a final commissioner's order
under section 245A.08, subdivision 5, regarding the final
licensing sanction.
Sec. 20. Minnesota Statutes 2002, section 245A.07,
subdivision 3, is amended to read:
Subd. 3. [LICENSE SUSPENSION, REVOCATION, OR FINE.] The
commissioner may suspend or revoke a license, or impose a fine
if a license holder fails to comply fully with applicable laws
or rules, has a disqualification which has not been set aside
under section 245C.22, or knowingly withholds relevant
information from or gives false or misleading information to the
commissioner in connection with an application for a license, in
connection with the background study status of an individual, or
during an investigation. A license holder who has had a license
suspended, revoked, or has been ordered to pay a fine must be
given notice of the action by certified mail or personal
service. If mailed, the notice must be mailed to the address
shown on the application or the last known address of the
license holder. The notice must state the reasons the license
was suspended, revoked, or a fine was ordered.
(a) If the license was suspended or revoked, the notice
must inform the license holder of the right to a contested case
hearing under chapter 14 and Minnesota Rules, parts 1400.8510
1400.8505 to 1400.8612 and successor rules. The license holder
may appeal an order suspending or revoking a license. The
appeal of an order suspending or revoking a license must be made
in writing by certified mail and or personal service. If
mailed, the appeal must be postmarked and sent to the
commissioner within ten calendar days after the license holder
receives notice that the license has been suspended or revoked.
If a request is made by personal service, it must be received by
the commissioner within ten calendar days after the license
holder received the order. Except as provided in subdivision
2a, paragraph (c), a timely appeal of an order suspending or
revoking a license shall stay the suspension or revocation until
the commissioner issues a final order.
(b)(1) If the license holder was ordered to pay a fine, the
notice must inform the license holder of the responsibility for
payment of fines and the right to a contested case hearing under
chapter 14 and Minnesota Rules, parts 1400.8510 1400.8505 to
1400.8612 and successor rules. The appeal of an order to pay a
fine must be made in writing by certified mail and or personal
service. If mailed, the appeal must be postmarked and sent to
the commissioner within ten calendar days after the license
holder receives notice that the fine has been ordered. If a
request is made by personal service, it must be received by the
commissioner within ten calendar days after the license holder
received the order.
(2) The license holder shall pay the fines assessed on or
before the payment date specified. If the license holder fails
to fully comply with the order, the commissioner may issue a
second fine or suspend the license until the license holder
complies. If the license holder receives state funds, the
state, county, or municipal agencies or departments responsible
for administering the funds shall withhold payments and recover
any payments made while the license is suspended for failure to
pay a fine. A timely appeal shall stay payment of the fine
until the commissioner issues a final order.
(3) A license holder shall promptly notify the commissioner
of human services, in writing, when a violation specified in the
order to forfeit a fine is corrected. If upon reinspection the
commissioner determines that a violation has not been corrected
as indicated by the order to forfeit a fine, the commissioner
may issue a second fine. The commissioner shall notify the
license holder by certified mail or personal service that a
second fine has been assessed. The license holder may appeal
the second fine as provided under this subdivision.
(4) Fines shall be assessed as follows: the license holder
shall forfeit $1,000 for each determination of maltreatment of a
child under section 626.556 or the maltreatment of a vulnerable
adult under section 626.557; the license holder shall forfeit
$200 for each occurrence of a violation of law or rule governing
matters of health, safety, or supervision, including but not
limited to the provision of adequate staff-to-child or adult
ratios, and failure to submit a background study; and the
license holder shall forfeit $100 for each occurrence of a
violation of law or rule other than those subject to a $1,000 or
$200 fine above. For purposes of this section, "occurrence"
means each violation identified in the commissioner's fine order.
(5) When a fine has been assessed, the license holder may
not avoid payment by closing, selling, or otherwise transferring
the licensed program to a third party. In such an event, the
license holder will be personally liable for payment. In the
case of a corporation, each controlling individual is personally
and jointly liable for payment.
Sec. 21. Minnesota Statutes 2003 Supplement, section
245A.08, subdivision 1, is amended to read:
Subdivision 1. [RECEIPT OF APPEAL; CONDUCT OF HEARING.]
Upon receiving a timely appeal or petition pursuant to section
245A.05, 245A.07, subdivision 3, or 245C.28, the commissioner
shall issue a notice of and order for hearing to the appellant
under chapter 14 and Minnesota Rules, parts 1400.8510 1400.8505
to 1400.8612 and successor rules.
Sec. 22. Minnesota Statutes 2003 Supplement, section
245A.08, subdivision 2a, is amended to read:
Subd. 2a. [CONSOLIDATED CONTESTED CASE HEARINGS FOR
SANCTIONS BASED ON MALTREATMENT DETERMINATIONS AND
DISQUALIFICATIONS.] (a) When a denial of a license under section
245A.05 or a licensing sanction under section 245A.07,
subdivision 3, is based on a disqualification for which
reconsideration was requested and which was not set aside or was
not rescinded under sections 245C.21 to 245C.27 section 245C.22,
the scope of the contested case hearing shall include the
disqualification and the licensing sanction or denial of a
license. When the licensing sanction or denial of a license is
based on a determination of maltreatment under section 626.556
or 626.557, or a disqualification for serious or recurring
maltreatment which was not set aside or was not rescinded, the
scope of the contested case hearing shall include the
maltreatment determination, disqualification, and the licensing
sanction or denial of a license. In such cases, a fair hearing
under section 256.045 shall not be conducted as provided for in
sections 626.556, subdivision 10i, and 626.557, subdivision 9d.
(b) In consolidated contested case hearings regarding
sanctions issued in family child care, child foster care, and
adult foster care, the county attorney shall defend the
commissioner's orders in accordance with section 245A.16,
subdivision 4.
(c) The commissioner's final order under subdivision 5 is
the final agency action on the issue of maltreatment and
disqualification, including for purposes of subsequent
background studies under chapter 245C and 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.
(d) When consolidated hearings under this subdivision
involve a licensing sanction based on a previous maltreatment
determination for which the commissioner has issued a final
order in an appeal of that determination under section 256.045,
or the individual failed to exercise the right to appeal the
previous maltreatment determination under section 626.556,
subdivision 10i, or 626.557, subdivision 9d, the commissioner's
order is conclusive on the issue of maltreatment. In such
cases, the scope of the administrative law judge's review shall
be limited to the disqualification and the licensing sanction or
denial of a license. In the case of a denial of a license or a
licensing sanction issued to a facility based on a maltreatment
determination regarding an individual who is not the license
holder or a household member, the scope of the administrative
law judge's review includes the maltreatment determination.
(e) If a maltreatment determination or disqualification,
which was not set aside or was not rescinded under sections
245C.21 to 245C.27 section 245C.22, is the basis for a denial of
a license under section 245A.05 or a licensing sanction under
section 245A.07, and the disqualified subject is an individual
other than the license holder and upon whom a background study
must be conducted under section 245C.03, the hearings of all
parties may be consolidated into a single contested case hearing
upon consent of all parties and the administrative law judge.
Sec. 23. Minnesota Statutes 2002, section 245A.08,
subdivision 5, is amended to read:
Subd. 5. [NOTICE OF THE COMMISSIONER'S FINAL ORDER.] After
considering the findings of fact, conclusions, and
recommendations of the administrative law judge, the
commissioner shall issue a final order. The commissioner shall
consider, but shall not be bound by, the recommendations of the
administrative law judge. The appellant must be notified of the
commissioner's final order as required by chapter 14 and
Minnesota Rules, parts 1400.8510 1400.8505 to 1400.8612 and
successor rules. The notice must also contain information about
the appellant's rights under chapter 14 and Minnesota Rules,
parts 1400.8510 1400.8505 to 1400.8612 and successor rules. The
institution of proceedings for judicial review of the
commissioner's final order shall not stay the enforcement of the
final order except as provided in section 14.65. A license
holder and each controlling individual of a license holder whose
license has been revoked because of noncompliance with
applicable law or rule must not be granted a license for five
years following the revocation. An applicant whose application
was denied must not be granted a license for two years following
a denial, unless the applicant's subsequent application contains
new information which constitutes a substantial change in the
conditions that caused the previous denial.
Sec. 24. Minnesota Statutes 2003 Supplement, section
245A.085, is amended to read:
245A.085 [CONSOLIDATION OF HEARINGS; RECONSIDERATION.]
Hearings authorized under this chapter, chapter 245C, and
sections 256.045, 626.556, and 626.557, shall be consolidated if
feasible and in accordance with other applicable statutes and
rules. Reconsideration under sections 245C.28; 626.556,
subdivision 10i; and 626.557, subdivision 9d, shall also be
consolidated if feasible.
Sec. 25. Minnesota Statutes 2003 Supplement, section
245A.11, subdivision 2b, is amended to read:
Subd. 2b. [ADULT FOSTER CARE; FAMILY ADULT DAY CARE
SERVICES.] 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 adult day care services 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. Family adult day services provided in a licensed
adult foster care setting must be provided as specified under
section 245A.143. Authorization to provide family adult day
services in the adult foster care setting shall be printed on
the license certificate by the commissioner. Adult foster care
homes providing services to five adults licensed under this
section and family adult day services licensed under section
245A.143 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. 26. Minnesota Statutes 2002, section 245A.14,
subdivision 4, is amended to read:
Subd. 4. [SPECIAL FAMILY DAY CARE HOMES.] Nonresidential
child care programs serving 14 or fewer children that are
conducted at a location other than the license holder's own
residence shall be licensed under this section and the rules
governing family day care or group family day care if:
(a) the license holder is the primary provider of care and
the nonresidential child care program is conducted in a dwelling
that is located on a residential lot;
(b) the license holder is an employer who may or may not be
the primary provider of care, and the purpose for the child care
program is to provide child care services to children of the
license holder's employees; or
(c) the license holder is a church or religious
organization; or
(d) the license holder is a community collaborative child
care provider. For purposes of this subdivision, a community
collaborative child care provider is a provider participating in
a cooperative agreement with a community action agency as
defined in section 119A.375.
Sec. 27. [245A.143] [FAMILY ADULT DAY SERVICES.]
Subdivision 1. [SCOPE.] (a) The licensing standards in
this section must be met to obtain and maintain a license to
provide family adult day services. For the purposes of this
section, family adult day services means a program operating
fewer than 24 hours per day that provides functionally impaired
adults, none of which are under age 55, have serious or
persistent mental illness, or have mental retardation or a
related condition, with an individualized and coordinated set of
services including health services, social services, and
nutritional services that are directed at maintaining or
improving the participants' capabilities for self-care.
(b) A family adult day services license shall only be
issued when the services are provided in the license holder's
primary residence, and the license holder is the primary
provider of care. The license holder may not serve more than
eight adults at one time, including residents, if any, served
under a license issued under Minnesota Rules, parts 9555.5105 to
9555.6265.
(c) An adult foster care license holder may provide family
adult day services if the license holder meets the requirements
of this section.
(d) When an applicant or license holder submits an
application for initial licensure or relicensure for both adult
foster care and family adult day services, the county agency
shall process the request as a single application and shall
conduct concurrent routine licensing inspections.
(e) Adult foster care license holders providing family
adult day services under their foster care license on March 30,
2004, shall be permitted to continue providing these services
with no additional requirements until their adult foster care
license is due for renewal. At the time of relicensure, an
adult foster care license holder may continue to provide family
adult day services upon demonstration of compliance with this
section. Adult foster care license holders who provide only
family adult day services on August 1, 2004, may apply for a
license under this section instead of an adult foster care
license.
Subd. 2. [DEFINITIONS.] (a) For the purposes of this
section, the terms defined in this subdivision have the
following meanings unless otherwise provided for by text.
(b) [CAREGIVER.] "Caregiver" means a spouse, adult child,
parent, relative, friend, or others who normally provide unpaid
support or care to the individual needing assistance. For the
purpose of this section, the caregiver may or may not have legal
or financial responsibility for the participant.
(c) [PARTICIPANT.] "Participant" means a functionally
impaired adult receiving family adult day services.
(d) [CONSULTATION BY A HEALTH CARE
PROFESSIONAL.] "Consultation by a health care professional"
means the review and oversight of the participant's
health-related services by a registered nurse, physician, or
mental health professional.
Subd. 3. [POLICY AND PROGRAM INFORMATION
REQUIREMENTS.] (a) The license holder shall have available for
review, and shall distribute to participants and their
caregivers upon admission, written information about:
(1) the scope of the programs, services, and care offered
by the license holder;
(2) a description of the population to be served by the
license holder;
(3) a description of individual conditions which the
license holder is not prepared to accept, such as a communicable
disease requiring isolation, a history of violence to self or
others, unmanageable incontinence, or uncontrollable wandering;
(4) the participants' rights and procedure for presenting
grievances, including the name, address, and telephone number of
the Office of Ombudsman for Older Minnesotans and the county
licensing department, to which a participant or participant's
caregiver may submit an oral or written complaint;
(5) the license holder's policy on and arrangements for
providing transportation;
(6) the license holder's policy on providing meals and
snacks;
(7) the license holder's fees, billing arrangements, and
plans for payment;
(8) the license holder's policy governing the presence of
pets in the home;
(9) the license holder's policy on smoking in the home;
(10) types of insurance coverage carried by the license
holder;
(11) information on orientation requirements under section
245A.65, subdivisions 1, paragraph (c), and 2, paragraph (a),
clause (4);
(12) the terms and conditions of the license holder's
license issued by the department;
(13) the license holder's plan for emergency evacuation of
participants involving fire, weather, and other disasters. The
plan must include instructions for evacuation or rescue of
participants, identification of an emergency shelter area,
quarterly fire drill schedule, and staff responsibilities; and
(14) the license holder's policy for handling harmful
objects, materials, or equipment including the storage of
poisonous chemicals, use of appliances, sharp instruments,
matches, or any other potentially harmful materials.
(b) The information in paragraph (a) must be provided in
writing to the commissioner's representative upon request and
must be available for inspection by the commissioner's
representative at the home.
Subd. 4. [ADMISSION SCREENING AND EVALUATION.] (a) Before
admitting an individual into the family adult day services
program, the license holder shall screen the individual to
determine how or whether the license holder can serve the
individual, based on the license holder's policies, services,
expertise, and the individual's needs and condition. If
possible, the screening shall include an interview with the
individual and with the individual's caregiver.
(b) The screening required under paragraph (a) shall
include an evaluation of the health, nutritional, and social
services needs of the individual.
Subd. 5. [SERVICE DELIVERY PLAN.] Before providing family
adult day services, an individual, the individual's caregiver,
the legal representative if there is one, the county or private
case manager, if applicable, and the license holder shall
develop a service delivery plan. At a minimum, the service
delivery plan shall include:
(1) a description of the health services, nutritional
services, and social services to be arranged or provided by the
license holder and the frequency of those services and that the
services will be based on the needs of the individual;
(2) scheduled days and hours of participant's attendance at
the license holder's home;
(3) transportation arrangements for getting the participant
to and from the license holder's home;
(4) contingency plans if scheduled services cannot be
provided by the license holder;
(5) identification of responsibilities of the participant
and the license holder with respect to payment for the services;
(6) circumstances when emergency services will be called;
and
(7) identification of the license holder's discharge policy
when services are no longer needed or when the participant's
needs can no longer be met by the license holder.
Subd. 6. [INDIVIDUAL SERVICE PLAN.] (a) The service plan
must be coordinated with other plans of services for the
participant, as appropriate.
(b) The service plan must be dated and revised when there
is a change in the needs of the participant or annually,
whichever occurs sooner.
Subd. 7. [HEALTH SERVICES.] (a) The license holder shall
provide health services as specified in the service delivery
plan under the direction of the designated caregiver or county
or private case manager. Health services must include:
(1) monitoring the participant's level of function and
health while participating; taking appropriate action for a
change in condition including immediately reporting changes to
the participant's caregiver, physician, mental health
professional, or registered nurse; and seeking consultation;
(2) offering information to participants and caregivers on
good health and safety practices; and
(3) maintaining a listing of health resources available for
referrals as needed by participants and caregivers.
(b) Unless the person is a licensed health care
practitioner qualified to administer medications, the person
responsible for medication administration or assistance shall
provide a certificate verifying successful completion of a
trained medication aid program for unlicensed personnel approved
by the Minnesota Department of Health or comparable program, or
biennially provide evidence of competency as demonstrated to a
registered nurse or physician.
(c) The license holder must have secure storage and
safeguarding of all medications with storage of medications in
their original container, know what information regarding
medication administration must be reported to a health care
professional, and must maintain a record of all medications
administered.
Subd. 8. [NUTRITIONAL SERVICES.] (a) The license holder
shall ensure that food served is nutritious and meets any
special dietary needs of the participants as prescribed by the
participant's physician or dietitian as specified in the service
delivery plan.
(b) Food and beverages must be obtained, handled, and
properly stored to prevent contamination, spoilage, or a threat
to the health of a resident.
Subd. 9. [SOCIAL SERVICES.] The license holder, in
consultation with the county or private case manager, when
appropriate, shall actively assist the participant in
identifying and achieving personal goals, support the
participant in maintaining personal support networks and
socially valued roles, provide assistance to the participant to
enable community participation, and refer participants to the
Office of Ombudsman for Older Minnesotans and other advocacy
organizations for assistance when there is a potential conflict
of interest between the license holder and the participant.
Subd. 10. [PARTICIPANT RIGHTS.] (a) The license holder
shall adopt and comply with a participant bill of rights. The
rights shall include the participants' right to:
(1) participate in the development of the service plan;
(2) refuse services or participation;
(3) privacy;
(4) confidentiality of participant information; and
(5) present grievances regarding treatment or services to
the Office of Ombudsman for Older Minnesotans or the county
licensing department. The license holder's policies shall
include a procedure for addressing participant grievances,
including the name, address, and telephone number of the county
licensing department, to which a participant or participant
caregiver may submit an oral or written complaint.
(b) The license holder shall post the participant rights in
the home and shall provide a copy to the participant and the
participant's primary caregiver and legal representative if the
participant has one.
Subd. 11. [STAFFING.] Whenever participants are in the
home, there must be present at least one individual who is
trained in basic first aid and certified in cardiopulmonary
resuscitation and the treatment of obstructed airways. Whenever
there are six, seven, or eight participants present, there must
be a second staff person present.
Subd. 12. [TRAINING.] The license holder and license
holder's staff must annually complete 12 hours of training
related to the health, nutritional, and social needs of the
license holder's target population. License holders with six or
more years of licensure under this section or as an adult foster
care provider must annually complete six hours of training. The
annual training must include training on the reporting of
maltreatment of vulnerable adults under sections 626.557 and
626.5572; license holder requirements governing maltreatment of
vulnerable adults under section 245A.65; and, when a license
holder serves participants who rely on medical monitoring
equipment to sustain life or monitor a medical condition,
training on medical equipment as required under section 245A.155
for foster care providers. A record of all training must be
maintained in the home.
Subd. 13. [RESIDENTIAL REQUIREMENTS.] (a) The home where
family adult day services are to be provided shall be classified
as a residential group R-3 occupancy under the State Building
Code and State Fire Code for purposes of building code and fire
code inspections. A building code inspection is not required
for licensure under this section. The state or local fire
marshal must inspect the family adult day services home
operating in the residence for compliance with the residential
group R-3 occupancy provisions of the State Fire Code.
(b) The licensed capacity of the home shall be limited by
the amount of indoor space available for use by participants.
The total indoor space available for use by participants must
equal at least 35 square feet for each participant, the license
holder, and each staff member present in the home. In
determining the square footage of usable indoor space available,
the following must not be counted: hallways, stairways,
closets, offices, restrooms, and utility and storage areas. The
usable indoor space available must include a room or an area
that can be used as private space for providing personal hygiene
services or social services to participants.
(c) The residence must comply with all applicable local
ordinances.
Subd. 14. [VARIANCES.] The commissioner may grant a
variance to any of the requirements in this section if the
conditions in section 245A.04, subdivision 9, are met.
Sec. 28. Minnesota Statutes 2003 Supplement, section
245A.16, subdivision 1, is amended to read:
Subdivision 1. [DELEGATION OF AUTHORITY TO AGENCIES.] (a)
County agencies and private agencies that have been designated
or licensed by the commissioner to perform licensing functions
and activities under section 245A.04 and chapter 245C, to
recommend denial of applicants under section 245A.05, to issue
correction orders, to issue variances, and recommend a
conditional license under section 245A.06, or to recommend
suspending or revoking a license or issuing a fine under section
245A.07, shall comply with rules and directives of the
commissioner governing those functions and with this section.
The following variances are excluded from the delegation of
variance authority and may be issued only by the commissioner:
(1) dual licensure of family child care and child foster
care, dual licensure of child and adult foster care, and adult
foster care and family child care;
(2) adult foster care maximum capacity;
(3) adult foster care minimum age requirement;
(4) child foster care maximum age requirement;
(5) variances regarding disqualified individuals except
that county agencies may issue variances under section 245C.30
regarding disqualified individuals when the county is
responsible for conducting a consolidated reconsideration
according to sections 245C.25 and 245C.27, subdivision 2,
clauses (a) and (b), of a county maltreatment determination and
a disqualification based on serious or recurring maltreatment;
and
(6) the required presence of a caregiver in the adult
foster care residence during normal sleeping hours.
(b) County agencies must report information about
disqualification reconsiderations under sections 245C.25 and
245C.27, subdivision 2, clauses (a) and (b), and variances
granted under paragraph (a), clause (5), to the commissioner at
least monthly in a format prescribed by the commissioner.
(c) For family day care programs, the commissioner may
authorize licensing reviews every two years after a licensee has
had at least one annual review.
(d) For family adult day services programs, the
commissioner may authorize licensing reviews every two years
after a licensee has had at least one annual review.
(e) A license issued under this section may be issued for
up to two years.
Sec. 29. Minnesota Statutes 2002, section 245A.16,
subdivision 4, is amended to read:
Subd. 4. [ENFORCEMENT OF THE COMMISSIONER'S ORDERS.] The
county or private agency shall enforce the commissioner's orders
under sections 245A.07 and, 245A.08, subdivision 5, and chapter
245C, according to the instructions of the commissioner. The
county attorney shall assist the county agency in the
enforcement and defense of the commissioner's orders under
sections 245A.07 and, 245A.08, and chapter 245C, according to
the instructions of the commissioner, unless a conflict of
interest exists between the county attorney and the commissioner.
Sec. 30. Minnesota Statutes 2002, section 245A.22,
subdivision 2, is amended to read:
Subd. 2. [ADMISSION.] (a) The license holder shall accept
as clients in the independent living assistance program only
individuals specified under section 256E.115 youth ages 16 to 21
who are in out-of-home placement, leaving out-of-home placement,
at risk of becoming homeless, or homeless.
(b) Youth who have current drug or alcohol problems, a
recent history of violent behaviors, or a mental health disorder
or issue that is not being resolved through counseling or
treatment are not eligible to receive the services described in
subdivision 1.
(c) Youth who are not employed, participating in employment
training, or enrolled in an academic program are not eligible to
receive transitional housing or independent living assistance.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 31. Minnesota Statutes 2003 Supplement, section
245A.22, subdivision 3, is amended to read:
Subd. 3. [INDEPENDENT LIVING PLAN.] (a) Unless an
independent living plan has been developed by the local agency,
the license holder shall develop a plan based on the client's
individual needs that specifies objectives for the client. The
services provided shall include those specified in this section.
The plan shall identify the persons responsible for
implementation of each part of the plan. The plan shall be
reviewed as necessary, but at least annually.
(b) The following services, or adequate access to referrals
for the following services, must be made available to the
targeted youth participating in the programs described in
subdivision 1:
(1) counseling services for the youth and their families,
if appropriate, on site, to help with problems that contributed
to the homelessness or could impede making the transition to
independent living;
(2) educational, vocational, or employment services;
(3) health care;
(4) transportation services including, where appropriate,
assisting the child in obtaining a driver's license;
(5) money management skills training;
(6) planning for ongoing housing;
(7) social and recreational skills training; and
(8) assistance establishing and maintaining connections
with the child's family and community.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 32. Minnesota Statutes 2002, section 245B.02, is
amended by adding a subdivision to read:
Subd. 12a. [INTERDISCIPLINARY TEAM.] "Interdisciplinary
team" means a team composed of the case manager, the person, the
person's legal representative and advocate, if any, and
representatives of providers of the service areas relevant to
the needs of the person as described in the individual service
plan.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 33. Minnesota Statutes 2003 Supplement, 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 this chapter 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 2960.3060, subpart 3, items B and C;
2960.3070; 2960.3100, subpart 1, items C, F, and I; and
2960.3210.
(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.
(f) License holders governed by sections 245B.02 to 245B.07
must also meet the licensure requirements in chapter 245A.
(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.
(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. 34. Minnesota Statutes 2002, section 245B.05,
subdivision 2, is amended to read:
Subd. 2. [LICENSED CAPACITY FOR FACILITY-BASED DAY
TRAINING AND HABILITATION SERVICES.] The licensed capacity of
each day training and habilitation service sites site must be
determined by the amount of primary space available, the
scheduling of activities at other service sites, and the space
requirements of consumers receiving services at the site.
Primary space does not include hallways, stairways, closets,
utility areas, bathrooms, kitchens, and floor areas beneath
stationary equipment. A facility-based day training and
habilitation site must have a minimum of 40 square feet of
primary space must be available for each consumer who is engaged
in a day training and habilitation activity at the site for
which the licensed capacity must be determined present at the
site at any one time. Licensed capacity under this subdivision
does not apply to: (1) consumers receiving community-based day
training and habilitation services; and (2) the temporary use of
a facility-based training and habilitation service site for the
limited purpose of providing transportation to consumers
receiving community-based day training and habilitation services
from the license holder. The license holder must comply at all
times with all applicable fire and safety codes under
subdivision 4 and adequate supervision requirements under
section 245B.055 for all persons receiving day training and
habilitation services.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 35. [245B.055] [MINIMUM LEVEL OF STAFFING REQUIRED
FOR DAY TRAINING AND HABILITATION SERVICES.]
Subdivision 1. [SCOPE.] This section applies only to
license holders that provide day training and habilitation
services.
Subd. 2. [FACTORS.] (a) The number of direct service staff
members that a license holder must have on duty at a given time
to meet the minimum staffing requirements established in this
section varies according to:
(1) the number of persons who are enrolled and receiving
direct services at that given time;
(2) the staff ratio requirement established under
subdivision 3 for each of the persons who is present; and
(3) whether the conditions described in subdivision 8 exist
and warrant additional staffing beyond the number determined to
be needed under subdivision 7.
(b) The commissioner shall consider the factors in
paragraph (a) in determining a license holder's compliance with
the staffing requirements and shall further consider whether the
staff ratio requirement established under subdivision 3 for each
person receiving services accurately reflects the person's need
for staff time.
Subd. 3. [DETERMINING AND DOCUMENTING THE STAFF RATIO
REQUIREMENT FOR EACH PERSON RECEIVING SERVICES.] The case
manager, in consultation with the interdisciplinary team shall
determine at least once each year which of the ratios in
subdivisions 4, 5, and 6 is appropriate for each person
receiving services on the basis of the characteristics described
in subdivisions 4, 5, and 6. The ratio assigned each person and
the documentation of how the ratio was arrived at must be kept
in each person's individual service plan. Documentation must
include an assessment of the person with respect to the
characteristics in subdivisions 4, 5, and 6 recorded on a
standard assessment form required by the commissioner.
Subd. 4. [PERSON REQUIRING STAFF RATIO OF ONE TO FOUR.] A
person who has one or more of the following characteristics must
be assigned a staff ratio requirement of one to four:
(1) on a daily basis the person requires total care and
monitoring or constant hand-over-hand physical guidance to
successfully complete at least three of the following activities:
toileting, communicating basic needs, eating, or ambulating; or
(2) the person assaults others, is self-injurious, or
manifests severe dysfunctional behaviors at a documented level
of frequency, intensity, or duration requiring frequent daily
ongoing intervention and monitoring as established in an
approved behavior management program.
Subd. 5. [PERSON REQUIRING STAFF RATIO OF ONE TO EIGHT.] A
person who has all of the following characteristics must be
assigned a staff ratio requirement of one to eight:
(1) the person does not meet the requirements in
subdivision 4; and
(2) on a daily basis the person requires verbal prompts or
spot checks and minimal or no physical assistance to
successfully complete at least three of the following
activities: toileting, communicating basic needs, eating, or
ambulating.
Subd. 6. [PERSON REQUIRING STAFF RATIO OF ONE TO SIX.] A
person who does not have any of the characteristics described in
subdivision 4 or 5 must be assigned a staff ratio requirement of
one to six.
Subd. 7. [DETERMINING NUMBER OF DIRECT SERVICE STAFF
REQUIRED.] The minimum number of direct service staff members
required at any one time to meet the combined staff ratio
requirements of the persons present at that time can be
determined by following the steps in clauses (1) through (4):
(1) assign each person in attendance the three-digit
decimal below that corresponds to the staff ratio requirement
assigned to that person. A staff ratio requirement of one to
four equals 0.250. A staff ratio requirement of one to eight
equals 0.125. A staff ratio requirement of one to six equals
0.166;
(2) add all of the three-digit decimals (one three-digit
decimal for every person in attendance) assigned in clause (1);
(3) when the sum in clause (2) falls between two whole
numbers, round off the sum to the larger of the two whole
numbers; and
(4) the larger of the two whole numbers in clause (3)
equals the number of direct service staff members needed to meet
the staff ratio requirements of the persons in attendance.
Subd. 8. [CONDITIONS REQUIRING ADDITIONAL DIRECT SERVICE
STAFF.] The license holder shall increase the number of direct
service staff members present at any one time beyond the number
arrived at in subdivision 4 if necessary when any one or
combination of the following circumstances can be documented by
the commissioner as existing:
(1) the health and safety needs of the persons receiving
services cannot be met by the number of staff members available
under the staffing pattern in effect even though the number has
been accurately calculated under subdivision 7; or
(2) the behavior of a person presents an immediate danger
and the person is not eligible for a special needs rate
exception under Minnesota Rules, parts 9510.1020 to 9510.1140.
Subd. 9. [SUPERVISION REQUIREMENTS.] At no time shall one
direct service staff member be assigned responsibility for
supervision and training of more than ten persons receiving
supervision and training, except as otherwise stated in each
person's risk management plan.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 36. Minnesota Statutes 2002, section 245B.07,
subdivision 8, is amended to read:
Subd. 8. [POLICIES AND PROCEDURES.] The license holder
must develop and implement the policies and procedures in
paragraphs (1) to (3).
(1) policies and procedures that promote consumer health
and safety by ensuring:
(i) consumer safety in emergency situations as identified
in section 245B.05, subdivision 7;
(ii) consumer health through sanitary practices;
(iii) safe transportation, when the license holder is
responsible for transportation of consumers, with provisions for
handling emergency situations;
(iv) a system of record keeping for both individuals and
the organization, for review of incidents and emergencies, and
corrective action if needed;
(v) a plan for responding to and reporting all emergencies,
including deaths, medical emergencies, illnesses, accidents,
missing consumers, all incidents, as defined in section 245B.02,
subdivision 10, fires, severe weather and natural disasters,
bomb threats, and other threats and reporting all incidents
required to be reported under section 245B.05, subdivision 7;
(vi) safe medication administration as identified in
section 245B.05, subdivision 5, incorporating an observed skill
assessment to ensure that staff demonstrate the ability to
administer medications consistent with the license holder's
policy and procedures;
(vii) psychotropic medication monitoring when the consumer
is prescribed a psychotropic medication, including the use of
the psychotropic medication use checklist. If the
responsibility for implementing the psychotropic medication use
checklist has not been assigned in the individual service plan
and the consumer lives in a licensed site, the residential
license holder shall be designated; and
(viii) criteria for admission or service initiation
developed by the license holder;
(2) policies and procedures that protect consumer rights
and privacy by ensuring:
(i) consumer data privacy, in compliance with the Minnesota
Data Practices Act, chapter 13; and
(ii) that complaint procedures provide consumers with a
simple process to bring grievances and consumers receive a
response to the grievance within a reasonable time period. The
license holder must provide a copy of the program's grievance
procedure and time lines for addressing grievances. The
program's grievance procedure must permit consumers served by
the program and the authorized representatives to bring a
grievance to the highest level of authority in the program; and
(3) policies and procedures that promote continuity and
quality of consumer supports by ensuring:
(i) continuity of care and service coordination, including
provisions for service termination, temporary service
suspension, and efforts made by the license holder to coordinate
services with other vendors who also provide support to the
consumer. The policy must include the following requirements:
(A) the license holder must notify the consumer or
consumer's legal representative and the consumer's case manager
in writing of the intended termination or temporary service
suspension and the consumer's right to seek a temporary order
staying the termination or suspension of service according to
the procedures in section 256.045, subdivision 4a or subdivision
6, paragraph (c);
(B) notice of the proposed termination of services,
including those situations that began with a temporary service
suspension, must be given at least 60 days before the proposed
termination is to become effective;
(C) the license holder must provide information requested
by the consumer or consumer's legal representative or case
manager when services are temporarily suspended or upon notice
of termination;
(D) use of temporary service suspension procedures are
restricted to situations in which the consumer's behavior causes
immediate and serious danger to the health and safety of the
individual or others;
(E) prior to giving notice of service termination or
temporary service suspension, the license holder must document
actions taken to minimize or eliminate the need for service
termination or temporary service suspension; and
(F) during the period of temporary service suspension, the
license holder will work with the appropriate county agency to
develop reasonable alternatives to protect the individual and
others; and
(ii) quality services measured through a program evaluation
process including regular evaluations of consumer satisfaction
and sharing the results of the evaluations with the consumers
and legal representatives.
Sec. 37. Minnesota Statutes 2002, section 245B.07,
subdivision 12, is amended to read:
Subd. 12. [SEPARATE LICENSE REQUIRED FOR SEPARATE SITES.]
The license holder shall apply for separate licenses for each
day training and habilitation service site owned or leased by
the license holder at which persons receiving services and the
provider's employees who provide training and habilitation
services are present for a cumulative total of more than 30 days
within any 12-month period, and for each residential service
site. Notwithstanding this subdivision, a separate license is
not required for a day training and habilitation service site
used only for the limited purpose of providing transportation to
consumers receiving community-based day training and
habilitation services from a license holder.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 38. Minnesota Statutes 2003 Supplement, section
245C.02, subdivision 18, is amended to read:
Subd. 18. [SERIOUS MALTREATMENT.] (a) "Serious
maltreatment" means sexual abuse, maltreatment resulting in
death, 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.
(b) For purposes of this definition, "care of a physician"
is treatment received or ordered by a physician but does not
include diagnostic testing, assessment, or observation.
(c) For purposes of this definition, "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 other frostbite for which
complications are present; irreversible mobility or avulsion of
teeth; injuries to the eyes; ingestion of foreign substances and
objects that are harmful; near drowning; and heat exhaustion or
sunstroke.
(d) Serious maltreatment includes neglect when it results
in criminal sexual conduct against a child or vulnerable adult.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 39. Minnesota Statutes 2003 Supplement, section
245C.03, subdivision 1, is amended to read:
Subdivision 1. [LICENSED PROGRAMS.] (a) The commissioner
shall conduct a background study on:
(1) the applicant person or persons applying for a license;
(2) an individual 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 will 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) an individual age ten to 12 living in the household
where the licensed services will be provided when the
commissioner has reasonable cause; and
(6) an individual who, without providing direct contact
services at a licensed program, may have unsupervised access to
children or vulnerable adults receiving services from a program
licensed to provide:
(i) family child care for children;
(ii) foster care for children in the provider's own home;
or
(iii) foster care or day care services for adults in the
provider's own home; and
(7) all managerial officials as defined under section
245A.02, subdivision 5a.
The commissioner must have reasonable cause to study an
individual under this clause subdivision.
(b) For family child foster care settings, a short-term
substitute caregiver providing direct contact services for a
child for less than 72 hours of continuous care is not required
to receive a background study under this chapter.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 40. Minnesota Statutes 2003 Supplement, section
245C.03, is amended by adding a subdivision to read:
Subd. 5. [OTHER STATE AGENCIES.] The commissioner shall
conduct background studies on applicants and license holders
under the jurisdiction of other state agencies who are required
in other statutory sections to initiate background studies under
this chapter, including the applicant's or license holder's
employees, contractors, and volunteers when required under other
statutory sections.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 41. Minnesota Statutes 2003 Supplement, section
245C.05, subdivision 1, is amended to read:
Subdivision 1. [INDIVIDUAL STUDIED.] (a) The individual
who is the subject of the background study must provide the
applicant, license holder, or other entity under section 245C.04
with sufficient information to ensure an accurate study,
including:
(1) the individual's first, middle, and last name and all
other names by which the individual has been known;
(2) home address, city, county, and state of residence for
the past five years;
(3) zip code;
(4) sex;
(5) date of birth; and
(6) Minnesota driver's license number or state
identification number.
(b) Every subject of a background study conducted by
counties or private agencies under this chapter must also
provide the home address, city, county, and state of residence
for the past five years.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 42. Minnesota Statutes 2003 Supplement, section
245C.05, subdivision 2, is amended to read:
Subd. 2. [APPLICANT, LICENSE HOLDER, OR OTHER ENTITY.] The
applicant, license holder, or other entity under section 245C.04
entities as provided in this chapter shall provide the
information collected under subdivision 1 about an individual
who is the subject of the background study on forms or in a
format prescribed by the commissioner.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 43. Minnesota Statutes 2003 Supplement, section
245C.05, subdivision 5, is amended to read:
Subd. 5. [FINGERPRINTS.] (a) For any background study
completed under this section chapter, when the commissioner has
reasonable cause to believe that further pertinent information
may exist on the subject of the background study, the subject
shall provide the commissioner with a set of classifiable
fingerprints obtained from an authorized law enforcement agency.
(b) For purposes of requiring fingerprints, the
commissioner has reasonable cause when, but not limited to, the:
(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) 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.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 44. Minnesota Statutes 2003 Supplement, section
245C.05, subdivision 6, is amended to read:
Subd. 6. [APPLICANT, LICENSE HOLDER, REGISTRANT OTHER
ENTITIES, AND AGENCIES.] (a) The applicant, license
holder, registrant other entities as provided in this chapter,
Bureau of Criminal Apprehension, commissioner of health, and
county agencies 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.
(b) If a background study is initiated by an applicant or,
license holder, or other entities as provided in this chapter,
and the applicant or, license holder, or other entity 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, or other entity must immediately
provide the information to the commissioner.
(c) The program or county or other agency must provide
written notice to the individual who is the subject of the
background study of the requirements under this subdivision.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 45. Minnesota Statutes 2003 Supplement, section
245C.08, subdivision 2, is amended to read:
Subd. 2. [BACKGROUND STUDIES CONDUCTED BY A COUNTY OR
PRIVATE AGENCY; FOSTER CARE AND FAMILY CHILD CARE.] (a) For a
background study conducted by a county or private agency for
child foster care, adult foster care, and family child care
homes, the commissioner shall review:
(1) information from the county agency's record of
substantiated maltreatment of adults and the maltreatment of
minors;
(2) information from juvenile courts as required in
subdivision 4 for individuals listed in section 245C.03,
subdivision 1, clauses (2), (5), and (6); and
(3) information from the Bureau of Criminal Apprehension;
and
(4) arrest and investigative records maintained by the
Bureau of Criminal Apprehension, county attorneys, county
sheriffs, courts, county agencies, local police, the National
Criminal Records Repository, and criminal records from other
states.
(b) If the individual has resided in the county for less
than five years, the study shall include the records specified
under paragraph (a) for the previous county or counties of
residence for the past five years.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 46. Minnesota Statutes 2003 Supplement, section
245C.08, subdivision 3, is amended to read:
Subd. 3. [ARREST AND INVESTIGATIVE INFORMATION.] (a) For
any background study completed under this section, if the
commissioner has reasonable cause to believe the information is
pertinent to the disqualification of an individual listed in
section 245C.03, subdivisions 1 and 2, the commissioner also may
review arrest and investigative information from:
(1) the Bureau of Criminal Apprehension;
(2) the commissioner of health;
(3) a county attorney;
(4) a county sheriff;
(5) a county agency;
(6) a local chief of police;
(7) other states;
(8) the courts; or
(9) the Federal Bureau of Investigation.
(b) 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.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 47. Minnesota Statutes 2003 Supplement, section
245C.08, subdivision 4, is amended to read:
Subd. 4. [JUVENILE COURT RECORDS.] (a) The commissioner
shall review records from the juvenile courts for an individual
studied under section 245C.03, subdivision 1, clauses (2) and
(5).
(b) For individuals studied under section 245C.03,
subdivision 1, clauses (1), (3), (4), and (6), and subdivision
2, who are ages 13 to 17, the commissioner shall review records
from the juvenile courts when the commissioner has reasonable
cause.
(c) The juvenile courts shall help with the study by giving
the commissioner existing juvenile court records on individuals
described in section 245C.03, subdivision 1, clauses (2), (5),
and (6), 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.
(d) For purposes of this chapter, a finding that a
delinquency petition is proven in juvenile court shall be
considered a conviction in state district court.
(e) The commissioner shall destroy juvenile court records
obtained under this subdivision when the subject of the records
reaches age 23.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 48. Minnesota Statutes 2003 Supplement, section
245C.09, subdivision 1, is amended to read:
Subdivision 1. [DISQUALIFICATION; LICENSING ACTION.] An
applicant's, license holder's, or registrant's other entity's
failure or refusal to cooperate with the commissioner is
reasonable cause to disqualify a subject, deny a license
application, or immediately suspend or revoke a license or
registration.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 49. Minnesota Statutes 2003 Supplement, section
245C.13, subdivision 1, is amended to read:
Subdivision 1. [TIMING.] Upon receipt of the background
study forms from an applicant, license holder, registrant,
agency, organization, program, or other entity as provided in
this chapter required to initiate a background study under
section 245C.04, the commissioner shall complete the background
study and provide the notice required under section 245C.17,
subdivision 1, within 15 working days.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 50. Minnesota Statutes 2003 Supplement, section
245C.14, subdivision 1, is amended to read:
Subdivision 1. [DISQUALIFICATION FROM DIRECT CONTACT.] (a)
The commissioner shall disqualify an individual who is the
subject of a background study from any position allowing direct
contact with persons receiving services from the license holder
or entity identified in section 245C.03, upon receipt of
information showing, or when a background study completed under
this chapter shows any of the following:
(1) a conviction of or admission to one or more crimes
listed in section 245C.15, regardless of whether the conviction
or admission is a felony, gross misdemeanor, or misdemeanor
level crime;
(2) 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 section 245C.15, regardless of
whether the preponderance of the evidence is for a felony, gross
misdemeanor, or misdemeanor level crime; or
(3) an investigation results in an administrative
determination listed under section 245C.15, subdivision 4,
paragraph (b).
(b) No individual who is disqualified following a
background study under section 245C.03, subdivisions 1 and 2,
may be retained in a position involving direct contact with
persons served by a program or entity identified in section
245C.03, unless the commissioner has provided written notice
under section 245C.17 stating that:
(1) the individual may remain in direct contact during the
period in which the individual may request reconsideration as
provided in section 245C.21, subdivision 2;
(2) the commissioner has set aside the individual's
disqualification for that program or entity identified in
section 245C.03, as provided in section 245C.22, subdivision 4;
or
(3) the license holder has been granted a variance for the
disqualified individual under section 245C.30.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 51. Minnesota Statutes 2003 Supplement, section
245C.15, subdivision 2, is amended to read:
Subd. 2. [15-YEAR DISQUALIFICATION.] (a) An individual is
disqualified under section 245C.14 if: (1) less than 15 years
have passed since the discharge of the sentence imposed for the
offense; and (2) the individual has received a felony conviction
for a violation of any of the following offenses: sections
260C.301 (grounds for termination of parental rights); 609.165
(felon ineligible to possess firearm); 609.21 (criminal
vehicular homicide and injury); 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); 609.2325
(criminal abuse of a vulnerable adult); 609.2335 (financial
exploitation of a vulnerable adult); 609.235 (use of drugs to
injure or facilitate crime); 609.24 (simple robbery); 609.255
(false imprisonment); 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); 609.27 (coercion); 609.275 (attempt
to coerce); repeat offenses under 609.3451 (criminal sexual
conduct in the fifth degree); 609.498, subdivision 1 or 1b
(aggravated first degree or first degree tampering with a
witness); 609.52 (theft); 609.521 (possession of shoplifting
gear); 609.562 (arson in the second degree); 609.563 (arson in
the third degree); 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);
609.66 (dangerous weapons); 609.67 (machine guns and
short-barreled shotguns); 609.687 (adulteration); 609.71 (riot);
609.713 (terroristic threats); repeat offenses under 617.23
(indecent exposure; penalties); repeat offenses under 617.241
(obscene materials and performances; distribution and exhibition
prohibited; penalty); chapter 152 (drugs; controlled substance);
or a felony level conviction involving alcohol or drug use.
(b) An individual is disqualified under section 245C.14 if
less than 15 years has passed since the individual's attempt or
conspiracy to commit any of the offenses listed in paragraph
(a), as each of these offenses is defined in Minnesota Statutes.
(c) An individual is disqualified under section 245C.14 if
less than 15 years has passed since the discharge of the
sentence imposed for an offense in any other state or country,
the elements of which are substantially similar to the elements
of the offenses listed in paragraph (a).
(d) If the individual studied is convicted of one of the
felonies listed in paragraph (a), but the sentence is a gross
misdemeanor or misdemeanor disposition, the individual is
disqualified but the disqualification lookback period for the
conviction is the period applicable to the gross misdemeanor or
misdemeanor disposition.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 52. Minnesota Statutes 2003 Supplement, section
245C.15, subdivision 3, is amended to read:
Subd. 3. [TEN-YEAR DISQUALIFICATION.] (a) An individual is
disqualified under section 245C.14 if: (1) less than ten years
have passed since the discharge of the sentence imposed for the
offense; and (2) 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); 609.224,
subdivision 2, paragraph (c) (assault in the fifth degree by a
caregiver against a vulnerable adult); 609.2242 and 609.2243
(domestic assault); 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); 609.265 (abduction); 609.275 (attempt to
coerce); 609.324, subdivision 1a (other prohibited acts; minor
engaged in prostitution); 609.33 (disorderly house); 609.3451
(criminal sexual conduct in the fifth degree); 609.377
(malicious punishment of a child); 609.378 (neglect or
endangerment of a child); 609.52 (theft); 609.582 (burglary);
609.631 (check forgery; offering a forged check); 609.66
(dangerous weapons); 609.71 (riot); 609.72, subdivision 3
(disorderly conduct against a vulnerable adult); repeat offenses
under 609.746 (interference with privacy); 609.749, subdivision
2 (harassment; stalking); 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); or violation of
an order for protection under section 518B.01, subdivision 14.
(b) An individual is disqualified under section 245C.14 if
less than ten years has passed since the individual's attempt or
conspiracy to commit any of the offenses listed in paragraph
(a), as each of these offenses is defined in Minnesota Statutes.
(c) An individual is disqualified under section 245C.14 if
less than ten years has passed since the discharge of the
sentence imposed for 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 paragraph (a).
(d) If the defendant is convicted of one of the gross
misdemeanors listed in paragraph (a), but the sentence is a
misdemeanor disposition, the individual is disqualified but the
disqualification lookback period for the conviction is the
period applicable to misdemeanors.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 53. Minnesota Statutes 2003 Supplement, section
245C.15, subdivision 4, is amended to read:
Subd. 4. [SEVEN-YEAR DISQUALIFICATION.] (a) An individual
is disqualified under section 245C.14 if: (1) less than seven
years has passed since the discharge of the sentence imposed for
the offense; and (2) 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); 609.2335 (financial exploitation of a
vulnerable adult); 609.234 (failure to report maltreatment of a
vulnerable adult); 609.2672 (assault of an unborn child in the
third degree); 609.27 (coercion); violation of an order for
protection under 609.3232 (protective order authorized;
procedures; penalties); 609.52 (theft); 609.66 (dangerous
weapons); 609.665 (spring guns); 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); 617.293 (harmful materials;
dissemination and display to minors prohibited); or violation of
an order for protection under section 518B.01 (Domestic Abuse
Act).
(b) An individual is disqualified under section 245C.14 if
less than seven years has passed since a determination or
disposition of the individual's:
(1) 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
(2) substantiated serious or recurring maltreatment of a
minor under section 626.556 or of, a vulnerable adult under
section 626.557, or serious or recurring maltreatment in any
other state, the elements of which are substantially similar to
the elements of maltreatment under section 626.556 or 626.557
for which: (i) there is a preponderance of evidence that the
maltreatment occurred, and (ii) the subject was responsible for
the maltreatment.
(c) An individual is disqualified under section 245C.14 if
less than seven years has passed since the individual's attempt
or conspiracy to commit any of the offenses listed in paragraphs
(a) and (b), as each of these offenses is defined in Minnesota
Statutes.
(d) An individual is disqualified under section 245C.14 if
less than seven years has passed since the discharge of the
sentence imposed for 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 paragraphs (a) and (b).
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 54. Minnesota Statutes 2003 Supplement, section
245C.16, subdivision 1, is amended to read:
Subdivision 1. [DETERMINING IMMEDIATE RISK OF HARM.] (a)
If the commissioner determines that the individual studied has a
disqualifying characteristic, the commissioner shall review the
information immediately available and make a determination as to
the subject's immediate risk of harm to persons served by the
program where the individual studied will have direct contact.
(b) The commissioner shall consider all relevant
information available, including the following factors in
determining the immediate risk of harm:
(1) the recency of the disqualifying characteristic;
(2) the recency of discharge from probation for the crimes;
(3) the number of disqualifying characteristics;
(4) the intrusiveness or violence of the disqualifying
characteristic;
(5) the vulnerability of the victim involved in the
disqualifying characteristic; and
(6) the similarity of the victim to the persons served by
the program where the individual studied will have direct
contact; and
(7) whether the individual has a disqualification from a
previous background study that has not been set aside.
(c) This section does not apply when the subject of a
background study is regulated by a health-related licensing
board as defined in chapter 214, and the subject is determined
to be responsible for substantiated maltreatment under section
626.556 or 626.557.
(d) If the commissioner has reason to believe, based on
arrest information or an active maltreatment investigation, that
an individual poses an imminent risk of harm to persons
receiving services, the commissioner may order that the person
be continuously supervised or immediately removed pending the
conclusion of the maltreatment investigation or criminal
proceedings.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 55. Minnesota Statutes 2003 Supplement, section
245C.17, subdivision 1, is amended to read:
Subdivision 1. [TIME FRAME FOR NOTICE OF STUDY RESULTS.]
(a) Within 15 working days after the commissioner's receipt of
the background study form, the commissioner shall notify the
individual who is the subject of the study in writing or by
electronic transmission of the results of the study or that more
time is needed to complete the study.
(b) Within 15 working days after the commissioner's receipt
of the background study form, the commissioner shall notify the
applicant, license holder, or registrant other entity as
provided in this chapter in writing or by electronic
transmission of the results of the study or that more time is
needed to complete the study.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 56. Minnesota Statutes 2003 Supplement, section
245C.17, subdivision 3, is amended to read:
Subd. 3. [DISQUALIFICATION NOTICE SENT TO APPLICANT,
LICENSE HOLDER, OR REGISTRANT OTHER ENTITY.] (a) The
commissioner shall notify an applicant, license holder,
or registrant other entity as provided in this chapter who is
not the subject of the study:
(1) that the commissioner has found information that
disqualifies the individual studied from direct contact with, or
from access to, persons served by the program; and
(2) the commissioner's determination of the individual's
risk of harm under section 245C.16.
(b) If the commissioner determines under section 245C.16
that an individual studied poses an imminent risk of harm to
persons served by the program where the individual studied will
have direct contact, the commissioner shall order the license
holder to immediately remove the individual studied from direct
contact.
(c) If the commissioner determines under section 245C.16
that an individual studied poses a risk of harm that requires
continuous, direct supervision, the commissioner shall order the
applicant, license holder, or other entities as provided in this
chapter to:
(1) immediately remove the individual studied from direct
contact services; or
(2) assure that the individual studied is under continuous,
direct supervision when providing direct contact services during
the period in which the individual may request a reconsideration
of the disqualification under section 245C.21.
(d) If the commissioner determines under section 245C.16
that an individual studied does not pose a risk of harm that
requires continuous, direct supervision, the commissioner shall
send the license holder a notice that more time is needed to
complete the individual's background study.
(e) The commissioner shall not notify the applicant,
license holder, or registrant other entity as provided in this
chapter of the information contained in the subject's background
study unless:
(1) the basis for the disqualification is failure to
cooperate with the background study or substantiated
maltreatment under section 626.556 or 626.557;
(2) the Data Practices Act under chapter 13 provides for
release of the information; or
(3) the individual studied authorizes the release of the
information.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 57. Minnesota Statutes 2003 Supplement, section
245C.18, is amended to read:
245C.18 [OBLIGATION TO REMOVE DISQUALIFIED INDIVIDUAL FROM
DIRECT CONTACT.]
Upon receipt of notice from the commissioner, the license
holder must remove a disqualified individual from direct contact
with persons served by the licensed program if:
(1) the individual does not request reconsideration under
section 245C.21 within the prescribed time, or if;
(2) the individual submits a timely request for
reconsideration, and the commissioner does not set aside the
disqualification under section 245C.22, subdivision 4., and the
individual does not submit a timely request for a hearing under
sections 245C.27 and 256.045, or 245C.28 and chapter 14; or
(3) the individual submits a timely request for a hearing
under sections 245C.27 and 256.045, or 245C.28 and chapter 14,
and the commissioner does not set aside or rescind the
disqualification under section 245A.08, subdivision 5, or
256.045.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 58. Minnesota Statutes 2003 Supplement, section
245C.20, is amended to read:
245C.20 [LICENSE HOLDER RECORD KEEPING.]
A licensed program shall document the date the program
initiates a background study under this chapter in the program's
personnel files. When a background study is completed under
this chapter, a licensed program shall maintain a notice that
the study was undertaken and completed in the program's
personnel files. If a licensed program has not received a
response from the commissioner under section 245C.17 within 45
days of initiation of the background study request, the licensed
program must contact the commissioner to inquire about the
status of the study.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 59. Minnesota Statutes 2003 Supplement, section
245C.21, subdivision 3, is amended to read:
Subd. 3. [INFORMATION DISQUALIFIED INDIVIDUALS MUST
PROVIDE WHEN REQUESTING RECONSIDERATION.] The disqualified
individual requesting reconsideration must submit information
showing that:
(1) the information the commissioner relied upon in
determining the underlying conduct that gave rise to the
disqualification is incorrect;
(2) for maltreatment, the information the commissioner
relied upon in determining that maltreatment was serious or
recurring is incorrect; or
(3) the subject of the study does not pose a risk of harm
to any person served by the applicant, license holder, or
registrant other entities as provided in this chapter, by
addressing the information required under section 245C.22,
subdivision 4.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 60. Minnesota Statutes 2003 Supplement, section
245C.21, is amended by adding a subdivision to read:
Subd. 4. [NOTICE OF REQUEST FOR RECONSIDERATION.] Upon
request, the commissioner may inform the applicant, license
holder, or other entities as provided in this chapter who
received a notice of the individual's disqualification under
section 245C.17, subdivision 3, or has the consent of the
disqualified individual, whether the disqualified individual has
requested reconsideration.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 61. Minnesota Statutes 2003 Supplement, section
245C.22, subdivision 3, is amended to read:
Subd. 3. [PREEMINENT WEIGHT GIVEN TO SAFETY OF PERSONS
BEING SERVED.] In reviewing a request for reconsideration of a
disqualification, the commissioner shall give preeminent weight
to the safety of each person served by the license holder,
applicant, or registrant other entities as provided in this
chapter over the interests of the license holder, applicant,
or registrant other entity as provided in this chapter, and any
single factor under subdivision 4, paragraph (b), may be
determinative of the commissioner's decision whether to set
aside the individual's disqualification.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 62. Minnesota Statutes 2003 Supplement, section
245C.22, subdivision 4, is amended to read:
Subd. 4. [RISK OF HARM; SET ASIDE.] (a) The commissioner
may set aside the disqualification if the commissioner finds
that the individual has submitted sufficient information to
demonstrate that the individual does not pose a risk of harm to
any person served by the applicant, license holder,
or registrant other entities as provided in this chapter.
(b) In determining if whether the individual has met the
burden of proof by demonstrating the individual does not pose a
risk of harm, the commissioner shall consider:
(1) the nature, severity, and consequences of the event or
events that led to the disqualification;
(2) whether there is more than one disqualifying event;
(3) the age and vulnerability of the victim at the time of
the event;
(4) the harm suffered by the victim;
(5) the similarity between the victim and persons served by
the program;
(6) the time elapsed without a repeat of the same or
similar event;
(7) documentation of successful completion by the
individual studied of training or rehabilitation pertinent to
the event; and
(8) any other information relevant to reconsideration.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 63. Minnesota Statutes 2003 Supplement, section
245C.22, subdivision 5, is amended to read:
Subd. 5. [SCOPE OF SET ASIDE.] 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 under section 245C.23, unless otherwise
specified in the notice.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 64. Minnesota Statutes 2003 Supplement, section
245C.22, subdivision 6, is amended to read:
Subd. 6. [RECISION OF SET ASIDE.] 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 other entities as provided in this
chapter. If the commissioner rescinds a set aside of a
disqualification under this paragraph subdivision, the appeal
rights under sections 245C.21 and, 245C.27, subdivision 1, and
245C.28, subdivision 3, shall apply.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 65. Minnesota Statutes 2003 Supplement, section
245C.23, subdivision 1, is amended to read:
Subdivision 1. [COMMISSIONER'S NOTICE OF DISQUALIFICATION
THAT IS SET ASIDE.] (a) Except as provided under paragraph (c),
if the commissioner sets aside a disqualification, the
commissioner shall notify the applicant or license holder in
writing or by electronic transmission of the decision. In the
notice from the commissioner that a disqualification has been
set aside, the commissioner must inform the license holder that
information about the nature of the disqualification and which
factors under section 245C.22, subdivision 4, were the basis of
the decision to set aside the disqualification are available to
the license holder upon request without the consent of the
background study subject.
(b) With the written consent of the 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.
(c) If the individual studied submits a timely request for
reconsideration under section 245C.21 and the license holder was
previously sent a notice under section 245C.17, subdivision 3,
paragraph (d), and if the commissioner sets aside the
disqualification for that license holder under section 245C.22,
the commissioner shall send the license holder the same
notification received by license holders in cases where the
individual studied has no disqualifying characteristic.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 66. Minnesota Statutes 2003 Supplement, section
245C.23, subdivision 2, is amended to read:
Subd. 2. [COMMISSIONER'S NOTICE OF DISQUALIFICATION THAT
IS NOT SET ASIDE.] (a) The commissioner shall notify the license
holder of the disqualification and order the license holder to
immediately remove the individual from any position allowing
direct contact with persons receiving services from the license
holder if:
(1) the individual studied does not submit a timely request
for reconsideration under section 245C.21, or;
(2) the individual submits a timely request for
reconsideration, but the commissioner does not set aside the
disqualification for that license holder under section 245C.22,
the commissioner shall notify the license holder of the
disqualification and order the license holder to immediately
remove the individual from any position allowing direct contact
with persons receiving services from the license holder.;
(3) an individual who has a right to request a hearing
under sections 245C.27 and 256.045, or 245C.28 and chapter 14
for a disqualification that has not been set aside, does not
request a hearing within the specified time; or
(4) an individual submitted a timely request for a hearing
under sections 245C.27 and 256.045, or 245C.28 and chapter 14,
but the commissioner does not set aside the disqualification
under section 245A.08, subdivision 5, or 256.045.
(b) If the commissioner does not set aside the
disqualification under section 245C.22, and the license holder
was previously ordered under section 245C.17 to immediately
remove the disqualified individual from direct contact with
persons receiving services or to ensure that the individual is
under continuous, direct supervision when providing direct
contact services, the order remains in effect pending the
outcome of a hearing under sections 245C.27 and 256.045, or
245C.28 and chapter 14.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 67. Minnesota Statutes 2003 Supplement, section
245C.25, is amended to read:
245C.25 [CONSOLIDATED RECONSIDERATION OF MALTREATMENT
DETERMINATION AND DISQUALIFICATION.]
(a) If an individual is disqualified on the basis of a
determination of maltreatment under section 626.556 or 626.557,
which was serious or recurring, and the individual requests
reconsideration of the maltreatment determination under section
626.556, subdivision 10i, or 626.557, subdivision 9d, and also
requests reconsideration of the disqualification under section
245C.21, the commissioner shall consolidate the reconsideration
of the maltreatment determination and the disqualification into
a single reconsideration.
(b) For maltreatment and disqualification determinations
made by county agencies, the county agency shall conduct the
consolidated reconsideration. 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.
(c) If the county has previously conducted a consolidated
reconsideration under paragraph (b) of a maltreatment
determination and a disqualification based on serious or
recurring maltreatment, and the county subsequently disqualifies
the individual based on that determination, the county shall
conduct the reconsideration of the subsequent disqualification.
The scope of the subsequent disqualification shall be limited to
whether the individual poses a risk of harm in accordance with
section 245C.22, subdivision 4.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 68. Minnesota Statutes 2003 Supplement, section
245C.26, is amended to read:
245C.26 [RECONSIDERATION OF A DISQUALIFICATION FOR AN
INDIVIDUAL LIVING IN A LICENSED HOME.]
In the case of any ground for disqualification under this
chapter, if the act was committed by an individual other than
the applicant, or license holder, or registrant residing in the
applicant's, or license holder's, or registrant's home, the
applicant, or license holder, or registrant may seek
reconsideration when the individual who committed the act no
longer resides in the home.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 69. Minnesota Statutes 2003 Supplement, section
245C.27, subdivision 1, is amended to read:
Subdivision 1. [FAIR HEARING WHEN DISQUALIFICATION IS NOT
SET ASIDE.] (a) If the commissioner does not set aside or
rescind a disqualification of an individual under section
245C.22 who is 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 section 245C.15;
for a determination under section 626.556 or 626.557 of
substantiated maltreatment that was serious or recurring under
section 245C.15; or for failure to make required reports under
section 626.556, subdivision 3; or 626.557, subdivision 3,
pursuant to section 245C.15, subdivision 4, paragraph (b),
clause (1), the individual may request a fair hearing under
section 256.045, unless the disqualification is deemed
conclusive under section 245C.29.
(b) The fair hearing is the only administrative appeal of
the final agency determination for purposes of appeal by the
disqualified individual. The disqualified individual does not
have the right to challenge the accuracy and completeness of
data under section 13.04.
(c) If the individual was disqualified based on a
conviction or admission to any crimes listed in section 245C.15,
subdivisions 1 to 4, the reconsideration decision under this
subdivision section 245C.22 is the final agency determination
for purposes of appeal by the disqualified individual and is not
subject to a hearing under section 256.045.
(d) This section subdivision does not apply to a public
employee's appeal of a disqualification under section 245C.28,
subdivision 3.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 70. Minnesota Statutes 2003 Supplement, section
245C.27, subdivision 2, is amended to read:
Subd. 2. [CONSOLIDATED FAIR HEARING FOR MALTREATMENT
DETERMINATION AND DISQUALIFICATION NOT SET ASIDE.] (a) If an
individual who is disqualified on the bases 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
under this section on the disqualification, which has not been
set aside or rescinded, the scope of the fair hearing under
section 256.045 shall include the maltreatment determination and
the disqualification.
(b) A fair hearing is the only administrative appeal of the
final agency determination. The disqualified individual does
not have the right to challenge the accuracy and completeness of
data under section 13.04.
(c) This section subdivision does not apply to a public
employee's appeal of a disqualification under section 245C.28,
subdivision 3.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 71. Minnesota Statutes 2003 Supplement, section
245C.28, subdivision 1, is amended to read:
Subdivision 1. [LICENSE HOLDER.] (a) If a maltreatment
determination or a disqualification for which reconsideration
was requested and which was not set aside or rescinded is the
basis for a denial of a license under section 245A.05 or a
licensing sanction under section 245A.07, the license holder has
the right to a contested case hearing under chapter 14 and
Minnesota Rules, parts 1400.8505 to 1400.8612.
(b) The license holder must submit the appeal in accordance
with section 245A.05 or 245A.07, subdivision 3. As provided
under section 245A.08, subdivision 2a, the scope of the
consolidated contested case hearing must include the
disqualification and the licensing sanction or denial of a
license.
(c) If the disqualification was based on a determination of
substantiated serious or recurring maltreatment under section
626.556 or 626.557, the appeal must be submitted in accordance
with sections 245A.07, subdivision 3, and 626.556, subdivision
10i, or 626.557, subdivision 9d. As provided for under section
245A.08, subdivision 2a, the scope of the contested case hearing
must include the maltreatment determination, the
disqualification, and the licensing sanction or denial of a
license. In such cases, a fair hearing must not be conducted
under section 256.045.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 72. Minnesota Statutes 2003 Supplement, section
245C.28, subdivision 2, is amended to read:
Subd. 2. [INDIVIDUAL OTHER THAN LICENSE HOLDER.] If the
basis for the commissioner's denial of a license under section
245A.05 or a licensing sanction under section 245A.07 is a
maltreatment determination or disqualification that was not set
aside or rescinded under section 245C.22, and the disqualified
subject is an individual other than the license holder and upon
whom a background study must be conducted under section 245C.03,
the hearing of all parties may be consolidated into a single
contested case hearing upon consent of all parties and the
administrative law judge.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 73. Minnesota Statutes 2003 Supplement, section
245C.28, subdivision 3, is amended to read:
Subd. 3. [EMPLOYEES OF PUBLIC EMPLOYER.] (a) If the
commissioner does not set aside the disqualification of an
individual who is an employee of an employer, as defined in
section 179A.03, subdivision 15, the individual may request a
contested case hearing under chapter 14. The request for a
contested case hearing must be made in writing and must be
postmarked and mailed within 30 calendar days after the employee
receives notice that the disqualification has not been set aside.
(b) If the commissioner does not set aside or rescind a
disqualification that is based on a maltreatment determination,
the scope of the contested case hearing must include the
maltreatment determination and the disqualification. In such
cases, a fair hearing must not be conducted under section
256.045.
(c) Rules adopted under this chapter may not preclude an
employee in a contested case hearing for a disqualification from
submitting evidence concerning information gathered under this
chapter.
(d) When a person has been disqualified from multiple
licensed programs and the disqualifications have not been set
aside under section 245C.22, if at least one of the
disqualifications entitles the person to a contested case
hearing under this subdivision, the scope of the contested case
hearing shall include all disqualifications from licensed
programs which were not set aside.
(e) In determining whether the disqualification should be
set aside, the administrative law judge shall consider all of
the characteristics that cause the individual to be
disqualified, including those characteristics that were not
subject to review under paragraph (b), in order to determine
whether the individual poses a risk of harm. The administrative
law judge's recommendation and the commissioner's order to set
aside a disqualification that is the subject of the hearing
constitutes a determination that the individual does not pose a
risk of harm and that the individual may provide direct contact
services in the individual program specified in the set aside.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 74. Minnesota Statutes 2003 Supplement, section
245C.29, subdivision 2, is amended to read:
Subd. 2. [CONCLUSIVE DISQUALIFICATION DETERMINATION.] (a)
Unless otherwise specified in statute, a determination that:
(1) the information the commissioner relied upon to
disqualify an individual under section 245C.14 was correct based
on serious or recurring maltreatment;
(2) a preponderance of the evidence shows that the
individual committed an act or acts that meet the definition of
any of the crimes listed in section 245C.15; or
(3) the individual failed to make required reports under
section 626.556, subdivision 3, or 626.557, subdivision 3, is
conclusive if:
(i) the commissioner has issued a final order in an appeal
of that determination under section 245A.08, subdivision 5, or
256.045, or a court has issued a final decision;
(ii) the individual did not request reconsideration of the
disqualification under section 245C.21; or
(iii) the individual did not request a hearing on the
disqualification under section 256.045 or chapter 14.
(b) When a licensing action under section 245A.05, 245A.06,
or 245A.07 is based on the disqualification of an individual in
connection with a license to provide family child care, foster
care for children in the provider's own home, or foster care
services for adults in the provider's own home, that
disqualification shall be conclusive for purposes of the
licensing action if a request for reconsideration was not
submitted within 30 calendar days of the individual's receipt of
the notice of disqualification.
(c) If a determination that the information relied upon to
disqualify an individual was correct and is conclusive under
this section, and the individual is subsequently disqualified
under section 245C.15, the individual has a right to request
reconsideration on the risk of harm under section 245C.21.
Subsequent determinations regarding the risk of harm shall be
made according to section 245C.22 and are not subject to another
hearing under section 256.045 or chapter 14.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 75. Minnesota Statutes 2002, section 252.28,
subdivision 1, is amended to read:
Subdivision 1. [DETERMINATIONS; REDETERMINATIONS.] In
conjunction with the appropriate county boards, the commissioner
of human services shall determine, and shall redetermine at
least every four years, the need, anticipated growth or decline
in need until the next anticipated redetermination, location,
size, and program of public and private day training and
habilitation services for persons with mental retardation or
related conditions. This subdivision does not apply to
semi-independent living services and residential-based
habilitation services provided to four or fewer persons at a
single site funded as home and community-based services. A
determination of need shall not be required for a change in
ownership.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 76. Minnesota Statutes 2003 Supplement, section
256.045, subdivision 3, is amended to read:
Subd. 3. [STATE AGENCY HEARINGS.] (a) State agency
hearings are available for the following: (1) any person
applying for, receiving or having received public assistance,
medical care, or a program of social services granted by the
state agency or a county agency or the federal Food Stamp Act
whose application for assistance is denied, not acted upon with
reasonable promptness, or whose assistance is suspended,
reduced, terminated, or claimed to have been incorrectly paid;
(2) any patient or relative aggrieved by an order of the
commissioner under section 252.27; (3) a party aggrieved by a
ruling of a prepaid health plan; (4) except as provided under
chapter 245C, any individual or facility determined by a lead
agency to have maltreated a vulnerable adult under section
626.557 after they have exercised their right to administrative
reconsideration under section 626.557; (5) any person whose
claim for foster care payment according to a placement of the
child resulting from a child protection assessment under section
626.556 is denied or not acted upon with reasonable promptness,
regardless of funding source; (6) any person to whom a right of
appeal according to this section is given by other provision of
law; (7) an applicant aggrieved by an adverse decision to an
application for a hardship waiver under section 256B.15; (8)
except as provided under chapter 245A, an individual or facility
determined to have maltreated a minor under section 626.556,
after the individual or facility has exercised the right to
administrative reconsideration under section 626.556; or (9)
except as provided under chapter 245C, an individual
disqualified under sections 245C.14 and 245C.15, on the basis of
serious or recurring maltreatment; a preponderance of the
evidence that the individual has committed an act or acts that
meet the definition of any of the crimes listed in section
245C.15, subdivisions 1 to 4; or for failing to make reports
required under section 626.556, subdivision 3, or 626.557,
subdivision 3. Hearings regarding a maltreatment determination
under clause (4) or (8) and a disqualification under this clause
in which the basis for a disqualification is serious or
recurring maltreatment, which has not been set aside or
rescinded under sections 245C.22 and 245C.23, shall be
consolidated into a single fair hearing. In such cases, the
scope of review by the human services referee shall include both
the maltreatment determination and the disqualification. The
failure to exercise the right to an administrative
reconsideration shall not be a bar to a hearing under this
section if federal law provides an individual the right to a
hearing to dispute a finding of maltreatment. Individuals and
organizations specified in this section may contest the
specified action, decision, or final disposition before the
state agency by submitting a written request for a hearing to
the state agency within 30 days after receiving written notice
of the action, decision, or final disposition, or within 90 days
of such written notice if the applicant, recipient, patient, or
relative shows good cause why the request was not submitted
within the 30-day time limit.
The hearing for an individual or facility under clause (4),
(8), or (9) is the only administrative appeal to the final
agency determination specifically, including a challenge to the
accuracy and completeness of data under section 13.04. Hearings
requested under clause (4) apply only to incidents of
maltreatment that occur on or after October 1, 1995. Hearings
requested by nursing assistants in nursing homes alleged to have
maltreated a resident prior to October 1, 1995, shall be held as
a contested case proceeding under the provisions of chapter 14.
Hearings requested under clause (8) apply only to incidents of
maltreatment that occur on or after July 1, 1997. A hearing for
an individual or facility under clause (8) is only available
when there is no juvenile court or adult criminal action
pending. If such action is filed in either court while an
administrative review is pending, the administrative review must
be suspended until the judicial actions are completed. If the
juvenile court action or criminal charge is dismissed or the
criminal action overturned, the matter may be considered in an
administrative hearing.
For purposes of this section, bargaining unit grievance
procedures are not an administrative appeal.
The scope of hearings involving claims to foster care
payments under clause (5) shall be limited to the issue of
whether the county is legally responsible for a child's
placement under court order or voluntary placement agreement
and, if so, the correct amount of foster care payment to be made
on the child's behalf and shall not include review of the
propriety of the county's child protection determination or
child placement decision.
(b) A vendor of medical care as defined in section 256B.02,
subdivision 7, or a vendor under contract with a county agency
to provide social services is not a party and may not request a
hearing under this section, except if assisting a recipient as
provided in subdivision 4.
(c) An applicant or recipient is not entitled to receive
social services beyond the services included in the amended
community social services plan.
(d) The commissioner may summarily affirm the county or
state agency's proposed action without a hearing when the sole
issue is an automatic change due to a change in state or federal
law.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 77. Minnesota Statutes 2003 Supplement, section
256.045, subdivision 3b, is amended to read:
Subd. 3b. [STANDARD OF EVIDENCE FOR MALTREATMENT AND
DISQUALIFICATION HEARINGS.] (a) The state human services referee
shall determine that maltreatment has occurred if a
preponderance of evidence exists to support the final
disposition under sections 626.556 and 626.557. For purposes of
hearings regarding disqualification, the state human services
referee shall affirm the proposed disqualification in an appeal
under subdivision 3, paragraph (a), clause (9), if a
preponderance of the evidence shows the individual has:
(1) committed maltreatment under section 626.556 or
626.557, which is serious or recurring;
(2) committed an act or acts meeting the definition of any
of the crimes listed in section 245C.15, subdivisions 1 to 4; or
(3) failed to make required reports under section 626.556
or 626.557, for incidents in which the final disposition under
section 626.556 or 626.557 was substantiated maltreatment that
was serious or recurring.
(b) If the disqualification is affirmed, the state human
services referee shall determine whether the individual poses a
risk of harm in accordance with the requirements of section
245C.16., and whether the disqualification should be set aside
or not set aside. In determining whether the disqualification
should be set aside, the human services referee shall consider
all of the characteristics that cause the individual to be
disqualified, including those characteristics that were not
subject to review under paragraph (a), in order to determine
whether the individual poses a risk of harm. A decision to set
aside a disqualification that is the subject of the hearing
constitutes a determination that the individual does not pose a
risk of harm and that the individual may provide direct contact
services in the individual program specified in the set aside.
If a determination that the information relied upon to
disqualify an individual was correct and is conclusive under
section 245C.29, and the individual is subsequently disqualified
under section 245C.14, the individual has a right to again
request reconsideration on the risk of harm under section
245C.21. Subsequent determinations regarding risk of harm are
not subject to another hearing under this section.
(c) The state human services referee shall recommend an
order to the commissioner of health, education, or human
services, as applicable, who shall issue a final order. The
commissioner shall affirm, reverse, or modify the final
disposition. Any order of the commissioner issued in accordance
with this subdivision is conclusive upon the parties unless
appeal is taken in the manner provided in subdivision 7. In any
licensing appeal under chapters 245A and 245C and sections
144.50 to 144.58 and 144A.02 to 144A.46, the commissioner's
determination as to maltreatment is conclusive, as provided
under section 245C.29.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 78. Minnesota Statutes 2003 Supplement, section
626.556, subdivision 10, is amended to read:
Subd. 10. [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW
ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report
alleges neglect, physical abuse, or sexual abuse by a parent,
guardian, or individual functioning within the family unit as a
person responsible for the child's care, the local welfare
agency shall immediately conduct an assessment including
gathering information on the existence of substance abuse and
offer protective social services for purposes of preventing
further abuses, safeguarding and enhancing the welfare of the
abused or neglected minor, and preserving family life whenever
possible. If the report alleges a violation of a criminal
statute involving sexual abuse, physical abuse, or neglect or
endangerment, under section 609.378, the local law enforcement
agency and local welfare agency shall coordinate the planning
and execution of their respective investigation and assessment
efforts to avoid a duplication of fact-finding efforts and
multiple interviews. Each agency shall prepare a separate
report of the results of its investigation. In cases of alleged
child maltreatment resulting in death, the local agency may rely
on the fact-finding efforts of a law enforcement investigation
to make a determination of whether or not maltreatment
occurred. When necessary the local welfare agency shall seek
authority to remove the child from the custody of a parent,
guardian, or adult with whom the child is living. In performing
any of these duties, the local welfare agency shall maintain
appropriate records.
If the assessment indicates there is a potential for abuse
of alcohol or other drugs by the parent, guardian, or person
responsible for the child's care, the local welfare agency shall
conduct a chemical use assessment pursuant to Minnesota Rules,
part 9530.6615. The local welfare agency shall report the
determination of the chemical use assessment, and the
recommendations and referrals for alcohol and other drug
treatment services to the state authority on alcohol and drug
abuse.
(b) When a local agency receives a report or otherwise has
information indicating that a child who is a client, as defined
in section 245.91, has been the subject of physical abuse,
sexual abuse, or neglect at an agency, facility, or program as
defined in section 245.91, it shall, in addition to its other
duties under this section, immediately inform the ombudsman
established under sections 245.91 to 245.97. The commissioner
of education shall inform the ombudsman established under
sections 245.91 to 245.97 of reports regarding a child defined
as a client in section 245.91 that maltreatment occurred at a
school as defined in sections 120A.05, subdivisions 9, 11, and
13, and 124D.10.
(c) Authority of the local welfare agency responsible for
assessing the child abuse or neglect report, the agency
responsible for assessing or investigating the report, and of
the local law enforcement agency for investigating the alleged
abuse or neglect includes, but is not limited to, authority to
interview, without parental consent, the alleged victim and any
other minors who currently reside with or who have resided with
the alleged offender. The interview may take place at school or
at any facility or other place where the alleged victim or other
minors might be found or the child may be transported to, and
the interview conducted at, a place appropriate for the
interview of a child designated by the local welfare agency or
law enforcement agency. The interview may take place outside
the presence of the alleged offender or parent, legal custodian,
guardian, or school official. Except as provided in this
paragraph, the parent, legal custodian, or guardian shall be
notified by the responsible local welfare or law enforcement
agency no later than the conclusion of the investigation or
assessment that this interview has occurred. Notwithstanding
rule 49.02 of the Minnesota Rules of Procedure for Juvenile
Courts, the juvenile court may, after hearing on an ex parte
motion by the local welfare agency, order that, where reasonable
cause exists, the agency withhold notification of this interview
from the parent, legal custodian, or guardian. If the interview
took place or is to take place on school property, the order
shall specify that school officials may not disclose to the
parent, legal custodian, or guardian the contents of the
notification of intent to interview the child on school
property, as provided under this paragraph, and any other
related information regarding the interview that may be a part
of the child's school record. A copy of the order shall be sent
by the local welfare or law enforcement agency to the
appropriate school official.
(d) When the local welfare, local law enforcement agency,
or the agency responsible for assessing or investigating a
report of maltreatment determines that an interview should take
place on school property, written notification of intent to
interview the child on school property must be received by
school officials prior to the interview. The notification shall
include the name of the child to be interviewed, the purpose of
the interview, and a reference to the statutory authority to
conduct an interview on school property. For interviews
conducted by the local welfare agency, the notification shall be
signed by the chair of the local social services agency or the
chair's designee. The notification shall be private data on
individuals subject to the provisions of this paragraph. School
officials may not disclose to the parent, legal custodian, or
guardian the contents of the notification or any other related
information regarding the interview until notified in writing by
the local welfare or law enforcement agency that the
investigation or assessment has been concluded, unless a school
employee or agent is alleged to have maltreated the child.
Until that time, the local welfare or law enforcement agency or
the agency responsible for assessing or investigating a report
of maltreatment shall be solely responsible for any disclosures
regarding the nature of the assessment or investigation.
Except where the alleged offender is believed to be a
school official or employee, the time and place, and manner of
the interview on school premises shall be within the discretion
of school officials, but the local welfare or law enforcement
agency shall have the exclusive authority to determine who may
attend the interview. The conditions as to time, place, and
manner of the interview set by the school officials shall be
reasonable and the interview shall be conducted not more than 24
hours after the receipt of the notification unless another time
is considered necessary by agreement between the school
officials and the local welfare or law enforcement agency.
Where the school fails to comply with the provisions of this
paragraph, the juvenile court may order the school to comply.
Every effort must be made to reduce the disruption of the
educational program of the child, other students, or school
staff when an interview is conducted on school premises.
(e) Where the alleged offender or a person responsible for
the care of the alleged victim or other minor prevents access to
the victim or other minor by the local welfare agency, the
juvenile court may order the parents, legal custodian, or
guardian to produce the alleged victim or other minor for
questioning by the local welfare agency or the local law
enforcement agency outside the presence of the alleged offender
or any person responsible for the child's care at reasonable
places and times as specified by court order.
(f) Before making an order under paragraph (e), the court
shall issue an order to show cause, either upon its own motion
or upon a verified petition, specifying the basis for the
requested interviews and fixing the time and place of the
hearing. The order to show cause shall be served personally and
shall be heard in the same manner as provided in other cases in
the juvenile court. The court shall consider the need for
appointment of a guardian ad litem to protect the best interests
of the child. If appointed, the guardian ad litem shall be
present at the hearing on the order to show cause.
(g) The commissioner of human services, the ombudsman for
mental health and mental retardation, the local welfare agencies
responsible for investigating reports, the commissioner of
education, and the local law enforcement agencies have the right
to enter facilities as defined in subdivision 2 and to inspect
and copy the facility's records, including medical records, as
part of the investigation. Notwithstanding the provisions of
chapter 13, they also have the right to inform the facility
under investigation that they are conducting an investigation,
to disclose to the facility the names of the individuals under
investigation for abusing or neglecting a child, and to provide
the facility with a copy of the report and the investigative
findings.
(h) The local welfare agency or the agency responsible for
assessing or investigating the report shall collect available
and relevant information to ascertain whether maltreatment
occurred and whether protective services are needed.
Information collected includes, when relevant, information with
regard to the person reporting the alleged maltreatment,
including the nature of the reporter's relationship to the child
and to the alleged offender, and the basis of the reporter's
knowledge for the report; the child allegedly being maltreated;
the alleged offender; the child's caretaker; and other
collateral sources having relevant information related to the
alleged maltreatment. The local welfare agency or the agency
responsible for assessing or investigating the report may make a
determination of no maltreatment early in an assessment, and
close the case and retain immunity, if the collected information
shows no basis for a full assessment or investigation.
Information relevant to the assessment or investigation
must be asked for, and may include:
(1) the child's sex and age, prior reports of maltreatment,
information relating to developmental functioning, credibility
of the child's statement, and whether the information provided
under this clause is consistent with other information collected
during the course of the assessment or investigation;
(2) the alleged offender's age, a record check for prior
reports of maltreatment, and criminal charges and convictions.
The local welfare agency or the agency responsible for assessing
or investigating the report must provide the alleged offender
with an opportunity to make a statement. The alleged offender
may submit supporting documentation relevant to the assessment
or investigation;
(3) collateral source information regarding the alleged
maltreatment and care of the child. Collateral information
includes, when relevant: (i) a medical examination of the
child; (ii) prior medical records relating to the alleged
maltreatment or the care of the child maintained by any
facility, clinic, or health care professional and an interview
with the treating professionals; and (iii) interviews with the
child's caretakers, including the child's parent, guardian,
foster parent, child care provider, teachers, counselors, family
members, relatives, and other persons who may have knowledge
regarding the alleged maltreatment and the care of the child;
and
(4) information on the existence of domestic abuse and
violence in the home of the child, and substance abuse.
Nothing in this paragraph precludes the local welfare
agency, the local law enforcement agency, or the agency
responsible for assessing or investigating the report from
collecting other relevant information necessary to conduct the
assessment or investigation. Notwithstanding section 13.384 or
144.335, the local welfare agency has access to medical data and
records for purposes of clause (3). Notwithstanding the data's
classification in the possession of any other agency, data
acquired by the local welfare agency or the agency responsible
for assessing or investigating the report during the course of
the assessment or investigation are private data on individuals
and must be maintained in accordance with subdivision 11. Data
of the commissioner of education collected or maintained during
and for the purpose of an investigation of alleged maltreatment
in a school are governed by this section, notwithstanding the
data's classification as educational, licensing, or personnel
data under chapter 13.
In conducting an assessment or investigation involving a
school facility as defined in subdivision 2, paragraph (f), the
commissioner of education shall collect investigative reports
and data that are relevant to a report of maltreatment and are
from local law enforcement and the school facility.
(i) In the initial stages of an assessment or
investigation, the local welfare agency shall conduct a
face-to-face observation of the child reported to be maltreated
and a face-to-face interview of the alleged offender. At the
initial contact, the local child welfare agency or the agency
responsible for assessing or investigating the report must
inform the alleged offender of the complaints or allegations
made against the individual in a manner consistent with laws
protecting the rights of the person who made the report. The
interview with the alleged offender may be postponed if it would
jeopardize an active law enforcement investigation.
(j) The local welfare agency shall use a question and
answer interviewing format with questioning as nondirective as
possible to elicit spontaneous responses. The following
interviewing methods and procedures must be used whenever
possible when collecting information:
(1) audio recordings of all interviews with witnesses and
collateral sources; and
(2) in cases of alleged sexual abuse, audio-video
recordings of each interview with the alleged victim and child
witnesses.
(k) In conducting an assessment or investigation involving
a school facility as defined in subdivision 2, paragraph (f),
the commissioner of education shall collect available and
relevant information and use the procedures in paragraphs (h),
(i), and (j), provided that the commissioner may also base the
assessment or investigation on investigative reports and data
received from the school facility and local law enforcement, to
the extent those investigations satisfy the requirements of
paragraphs (h), (i), and (j).
Sec. 79. Minnesota Statutes 2003 Supplement, section
626.556, subdivision 10i, is amended to read:
Subd. 10i. [ADMINISTRATIVE RECONSIDERATION OF FINAL
DETERMINATION OF MALTREATMENT AND DISQUALIFICATION BASED ON
SERIOUS OR RECURRING MALTREATMENT; REVIEW PANEL.] (a) Except as
provided under paragraph (e), an individual or facility that the
commissioner of human services, a local social service agency,
or the commissioner of education determines has maltreated a
child, an interested person acting on behalf of the child,
regardless of the determination, who contests the investigating
agency's final determination regarding maltreatment, may request
the investigating agency to reconsider its final determination
regarding maltreatment. The request for reconsideration must be
submitted in writing to the investigating agency within 15
calendar days after receipt of notice of the final determination
regarding maltreatment or, if the request is made by an
interested person who is not entitled to notice, within 15 days
after receipt of the notice by the parent or guardian of the
child. Effective January 1, 2002, an individual who was
determined to have maltreated a child under this section and who
was disqualified on the basis of serious or recurring
maltreatment under sections 245C.14 and 245C.15, may request
reconsideration of the maltreatment determination and the
disqualification. 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 under sections 245C.16 and
245C.17.
(b) Except as provided under paragraphs (e) and (f), if the
investigating agency denies the request or fails to act upon the
request within 15 calendar days after receiving the request for
reconsideration, the person or facility entitled to a fair
hearing under section 256.045 may submit to the commissioner of
human services or the commissioner of education a written
request for a hearing under that section. Section 256.045 also
governs hearings requested to contest a final determination of
the commissioner of education. For reports involving
maltreatment of a child in a facility, an interested person
acting on behalf of the child may request a review by the Child
Maltreatment Review Panel under section 256.022 if the
investigating agency denies the request or fails to act upon the
request or if the interested person contests a reconsidered
determination. The investigating agency shall notify persons
who request reconsideration of their rights under this
paragraph. The request must be submitted in writing to the
review panel and a copy sent to the investigating agency within
30 calendar days of receipt of notice of a denial of a request
for reconsideration or of a reconsidered determination. The
request must specifically identify the aspects of the agency
determination with which the person is dissatisfied.
(c) If, as a result of a reconsideration or review, the
investigating agency changes the final determination of
maltreatment, that agency shall notify the parties specified in
subdivisions 10b, 10d, and 10f.
(d) Except as provided under paragraph (f), if an
individual or facility contests the investigating agency's final
determination regarding maltreatment by requesting a fair
hearing under section 256.045, the commissioner of human
services shall assure that the hearing is conducted and a
decision is reached within 90 days of receipt of the request for
a hearing. The time for action on the decision may be extended
for as many days as the hearing is postponed or the record is
held open for the benefit of either party.
(e) Effective January 1, 2002, if an individual was
disqualified under sections 245C.14 and 245C.15, on the basis of
a determination of maltreatment, which was serious or recurring,
and the individual has requested reconsideration of the
maltreatment determination under paragraph (a) and requested
reconsideration of the disqualification under sections 245C.21
to 245C.27, reconsideration of the maltreatment determination
and reconsideration of the disqualification shall be
consolidated into a single reconsideration. If reconsideration
of the maltreatment determination is denied or the
disqualification is not set aside or rescinded under sections
245C.21 to 245C.27, the individual may request a fair hearing
under section 256.045. If an individual requests a fair hearing
on the maltreatment determination and the disqualification, the
scope of the fair hearing shall include both the maltreatment
determination and the disqualification.
(f) Effective January 1, 2002, if a maltreatment
determination or a disqualification based on serious or
recurring maltreatment is the basis for a denial of a license
under section 245A.05 or a licensing sanction under section
245A.07, the license holder has the right to a contested case
hearing under chapter 14 and Minnesota Rules, parts 1400.8510
1400.8505 to 1400.8612 and successor rules. As provided for
under section 245A.08, subdivision 2a, the scope of the
contested case hearing shall include the maltreatment
determination, disqualification, and licensing sanction or
denial of a license. In such cases, a fair hearing regarding
the maltreatment determination shall not be conducted under
paragraph (b). If the disqualified subject is an individual
other than the license holder and upon whom a background study
must be conducted under chapter 245C, the hearings of all
parties may be consolidated into a single contested case hearing
upon consent of all parties and the administrative law judge.
(g) For purposes of this subdivision, "interested person
acting on behalf of the child" means a parent or legal guardian;
stepparent; grandparent; guardian ad litem; adult stepbrother,
stepsister, or sibling; or adult aunt or uncle; unless the
person has been determined to be the perpetrator of the
maltreatment.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 80. Minnesota Statutes 2003 Supplement, section
626.557, subdivision 9d, is amended to read:
Subd. 9d. [ADMINISTRATIVE RECONSIDERATION OF FINAL
DISPOSITION OF MALTREATMENT AND DISQUALIFICATION BASED ON
SERIOUS OR RECURRING MALTREATMENT; REVIEW PANEL.] (a) Except as
provided under paragraph (e), any individual or facility which a
lead agency determines has maltreated a vulnerable adult, or the
vulnerable adult or an interested person acting on behalf of the
vulnerable adult, regardless of the lead agency's determination,
who contests the lead agency's final disposition of an
allegation of maltreatment, may request the lead agency to
reconsider its final disposition. The request for
reconsideration must be submitted in writing to the lead agency
within 15 calendar days after receipt of notice of final
disposition or, if the request is made by an interested person
who is not entitled to notice, within 15 days after receipt of
the notice by the vulnerable adult or the vulnerable adult's
legal guardian. An individual who was determined to have
maltreated a vulnerable adult under this section and who was
disqualified on the basis of serious or recurring maltreatment
under sections 245C.14 and 245C.15, may request reconsideration
of the maltreatment determination and the disqualification. 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 under sections 245C.16 and 245C.17.
(b) Except as provided under paragraphs (e) and (f), if the
lead agency denies the request or fails to act upon the request
within 15 calendar days after receiving the request for
reconsideration, the person or facility entitled to a fair
hearing under section 256.045, may submit to the commissioner of
human services a written request for a hearing under that
statute. The vulnerable adult, or an interested person acting
on behalf of the vulnerable adult, may request a review by the
Vulnerable Adult Maltreatment Review Panel under section 256.021
if the lead agency denies the request or fails to act upon the
request, or if the vulnerable adult or interested person
contests a reconsidered disposition. The lead agency shall
notify persons who request reconsideration of their rights under
this paragraph. The request must be submitted in writing to the
review panel and a copy sent to the lead agency within 30
calendar days of receipt of notice of a denial of a request for
reconsideration or of a reconsidered disposition. The request
must specifically identify the aspects of the agency
determination with which the person is dissatisfied.
(c) If, as a result of a reconsideration or review, the
lead agency changes the final disposition, it shall notify the
parties specified in subdivision 9c, paragraph (d).
(d) For purposes of this subdivision, "interested person
acting on behalf of the vulnerable adult" means a person
designated in writing by the vulnerable adult to act on behalf
of the vulnerable adult, or a legal guardian or conservator or
other legal representative, a proxy or health care agent
appointed under chapter 145B or 145C, or an individual who is
related to the vulnerable adult, as defined in section 245A.02,
subdivision 13.
(e) If an individual was disqualified under sections
245C.14 and 245C.15, on the basis of a determination of
maltreatment, which was serious or recurring, and the individual
has requested reconsideration of the maltreatment determination
under paragraph (a) and reconsideration of the disqualification
under sections 245C.21 to 245C.27, reconsideration of the
maltreatment determination and requested reconsideration of the
disqualification shall be consolidated into a single
reconsideration. If reconsideration of the maltreatment
determination is denied or if the disqualification is not set
aside or rescinded under sections 245C.21 to 245C.27, the
individual may request a fair hearing under section 256.045. If
an individual requests a fair hearing on the maltreatment
determination and the disqualification, the scope of the fair
hearing shall include both the maltreatment determination and
the disqualification.
(f) If a maltreatment determination or a disqualification
based on serious or recurring maltreatment is the basis for a
denial of a license under section 245A.05 or a licensing
sanction under section 245A.07, the license holder has the right
to a contested case hearing under chapter 14 and Minnesota
Rules, parts 1400.8510 1400.8505 to 1400.8612 and successor
rules. As provided for under section 245A.08, the scope of the
contested case hearing shall include the maltreatment
determination, disqualification, and licensing sanction or
denial of a license. In such cases, a fair hearing shall not be
conducted under paragraph (b). If the disqualified subject is
an individual other than the license holder and upon whom a
background study must be conducted under chapter 245C, the
hearings of all parties may be consolidated into a single
contested case hearing upon consent of all parties and the
administrative law judge.
(g) Until August 1, 2002, an individual or facility that
was determined by the commissioner of human services or the
commissioner of health to be responsible for neglect under
section 626.5572, subdivision 17, after October 1, 1995, and
before August 1, 2001, that believes that the finding of neglect
does not meet an amended definition of neglect may request a
reconsideration of the determination of neglect. The
commissioner of human services or the commissioner of health
shall mail a notice to the last known address of individuals who
are eligible to seek this reconsideration. The request for
reconsideration must state how the established findings no
longer meet the elements of the definition of neglect. The
commissioner shall review the request for reconsideration and
make a determination within 15 calendar days. The
commissioner's decision on this reconsideration is the final
agency action.
(1) For purposes of compliance with the data destruction
schedule under subdivision 12b, paragraph (d), when a finding of
substantiated maltreatment has been changed as a result of a
reconsideration under this paragraph, the date of the original
finding of a substantiated maltreatment must be used to
calculate the destruction date.
(2) For purposes of any background studies under chapter
245C, when a determination of substantiated maltreatment has
been changed as a result of a reconsideration under this
paragraph, any prior disqualification of the individual under
chapter 245C that was based on this determination of
maltreatment shall be rescinded, and for future background
studies under chapter 245C the commissioner must not use the
previous determination of substantiated maltreatment as a basis
for disqualification or as a basis for referring the
individual's maltreatment history to a health-related licensing
board under section 245C.31.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 81. [DIRECTION TO COMMISSIONER; REPORT.]
The commissioner of human services shall report on the
number of adult foster care licenses, family adult day services
licenses, combined adult foster care and family adult day
services, and adult day services center licenses and their
capacities with changes in the number of licenses and capacities
from August 1, 2004, to August 1, 2006. The commissioner shall
provide this report to the chairs of the senate and house
committees with jurisdiction over health and human services
policy by September 15, 2006.
Sec. 82. [REVISOR'S INSTRUCTION.]
The revisor of statutes shall insert the phrase "or adult
day services" after the phrase "adult day care," and the phrase
"or adult day services center" after "adult day care center,"
wherever it appears in Minnesota Rules, parts 9555.9600 to
9555.9730, or the headnotes to the rule parts.
Sec. 83. [REPEALER.]
Minnesota Statutes 2003 Supplement, section 245C.02,
subdivision 17; and Minnesota Rules, parts 9525.1600; 9543.0040,
subpart 3; 9543.1000; 9543.1010; 9543.1020; 9543.1030;
9543.1040; 9543.1050; and 9543.1060, are repealed.
ARTICLE 2
CORRECTIONS
Section 1. Minnesota Statutes 2003 Supplement, section
241.021, subdivision 6, is amended to read:
Subd. 6. [BACKGROUND STUDIES.] (a) The commissioner of
corrections is authorized to do background studies on personnel
employed by any facility serving children or youth that is
licensed under this section. The commissioner of corrections
shall contract with the commissioner of human services to
conduct background studies of individuals providing services in
secure and nonsecure residential facilities and detention
facilities who have direct contact, as defined under section
245C.02, subdivision 11, with persons served in the facilities.
A disqualification of an individual in this section shall
disqualify the individual from positions allowing direct contact
or access to persons and residents receiving services in
programs licensed by the Departments of Health and Human
Services as provided in chapter 245C.
(b) A clerk or administrator of any court, the Bureau of
Criminal Apprehension, a prosecuting attorney, a county sheriff,
or a chief of a local police department, shall assist in these
studies by providing to the commissioner of human services, or
the commissioner's representative, all criminal conviction data
available from local, state, and national criminal history
record repositories, including the criminal justice data
communications network, pertaining to the following individuals:
applicants, operators, all persons living in the household, and
all staff of any facility subject to background studies under
this subdivision.
(c) The Department of Human Services shall conduct the
background studies required by paragraph (a) in compliance with
the provisions of chapter 245C. For the purpose of this
subdivision, the term "secure and nonsecure residential facility
and detention facility" shall include programs licensed or
certified under subdivision 2. The Department of Human Services
shall provide necessary forms and instructions, shall conduct
the necessary background studies of individuals, and shall
provide notification of the results of the studies to the
facilities, individuals, and the commissioner of corrections.
Individuals shall be disqualified under the provisions of
chapter 245C.
If an individual is disqualified, the Department of Human
Services shall notify the facility and the individual and shall
inform the individual of the right to request a reconsideration
of the disqualification by submitting the request to the
Department of Corrections.
(d) The commissioner of corrections shall review and decide
reconsideration requests, including the granting of variances,
in accordance with the procedures and criteria contained in
chapter 245C. The commissioner's decision shall be provided to
the individual and to the Department of Human Services. The
commissioner's decision to grant or deny a reconsideration of
disqualification is the final administrative agency action.
(e) Facilities described in paragraph (a) shall be
responsible for cooperating with the departments in implementing
the provisions of this subdivision. The responsibilities
imposed on applicants and licensees under chapters 245A and 245C
shall apply to these facilities. The provisions of sections
245C.03, subdivision 3, 245C.04, subdivision 4, paragraph (b),
and 245C.10, subdivision 2, shall apply to applicants,
licensees, and individuals.
ARTICLE 3
MISCELLANEOUS
Section 1. Minnesota Statutes 2002, section 13.43,
subdivision 2, is amended to read:
Subd. 2. [PUBLIC DATA.] (a) Except for employees described
in subdivision 5 and the limitations described in subdivision
5a, the following personnel data on current and former
employees, volunteers, and independent contractors of a state
agency, statewide system, or political subdivision and members
of advisory boards or commissions is public:
(1) name; employee identification number, which must not be
the employee's Social Security number; actual gross salary;
salary range; contract fees; actual gross pension; the value and
nature of employer paid fringe benefits; and the basis for and
the amount of any added remuneration, including expense
reimbursement, in addition to salary;
(2) job title and bargaining unit; job description;
education and training background; and previous work experience;
(3) date of first and last employment;
(4) the existence and status of any complaints or charges
against the employee, regardless of whether the complaint or
charge resulted in a disciplinary action;
(5) the final disposition of any disciplinary action
together with the specific reasons for the action and data
documenting the basis of the action, excluding data that would
identify confidential sources who are employees of the public
body;
(6) the terms of any agreement settling any dispute arising
out of an employment relationship, including a buyout agreement
as defined in section 123B.143, subdivision 2, paragraph (a);
except that the agreement must include specific reasons for the
agreement if it involves the payment of more than $10,000 of
public money;
(7) work location; a work telephone number; badge number;
and honors and awards received; and
(8) payroll time sheets or other comparable data that are
only used to account for employee's work time for payroll
purposes, except to the extent that release of time sheet data
would reveal the employee's reasons for the use of sick or other
medical leave or other not public data; and city and county of
residence.
(b) For purposes of this subdivision, a final disposition
occurs when the state agency, statewide system, or political
subdivision makes its final decision about the disciplinary
action, regardless of the possibility of any later proceedings
or court proceedings. In the case of arbitration proceedings
arising under collective bargaining agreements, a final
disposition occurs at the conclusion of the arbitration
proceedings, or upon the failure of the employee to elect
arbitration within the time provided by the collective
bargaining agreement. Final disposition includes a resignation
by an individual when the resignation occurs after the final
decision of the state agency, statewide system, political
subdivision, or arbitrator.
(c) The state agency, statewide system, or political
subdivision may display a photograph of a current or former
employee to a prospective witness as part of the state agency's,
statewide system's, or political subdivision's investigation of
any complaint or charge against the employee.
(d) A complainant has access to a statement provided by the
complainant to a state agency, statewide system, or political
subdivision in connection with a complaint or charge against an
employee.
(e) Notwithstanding paragraph (a), clause (5), upon
completion of an investigation of a complaint or charge against
a public official, or if a public official resigns or is
terminated from employment while the complaint or charge is
pending, all data relating to the complaint or charge are
public, unless access to the data would jeopardize an active
investigation or reveal confidential sources. For purposes of
this paragraph, "public official" means:
(1) the head of a state agency and deputy and assistant
state agency heads;
(2) members of boards or commissions required by law to be
appointed by the governor or other elective officers; and
(3) executive or administrative heads of departments,
bureaus, divisions, or institutions.
Sec. 2. Minnesota Statutes 2002, section 13.43, is amended
by adding a subdivision to read:
Subd. 5a. [LIMITATION ON DISCLOSURE OF CERTAIN PERSONNEL
DATA.] Notwithstanding any other provision of this section, the
following data relating to employees of a secure treatment
facility defined in section 253B.02, subdivision 18a, employees
of a state correctional facility, or employees of the Department
of Corrections directly involved in supervision of offenders in
the community, shall not be disclosed to facility patients,
corrections inmates, or other individuals whom facility or
correction administrators reasonably believe will use the
information to harass, intimidate, or assault any such
employees: place where previous education or training occurred;
place of prior employment; and payroll timesheets or other
comparable data, to the extent that payroll timesheets or other
comparable data may disclose: future work assignments, home
address or telephone number, the location of employees during
nonwork hours, or the location of employees' immediate family
members.
Sec. 3. Minnesota Statutes 2002, section 62A.042, is
amended to read:
62A.042 [FAMILY COVERAGE; COVERAGE OF NEWBORN INFANTS.]
Subdivision 1. [INDIVIDUAL FAMILY POLICIES.] (a) No policy
of individual accident and sickness insurance which provides for
insurance for more than one person under section 62A.03,
subdivision 1, clause (3), and no individual health maintenance
contract which provides for coverage for more than one person
under chapter 62D, shall be renewed to insure or cover any
person in this state or be delivered or issued for delivery to
any person in this state unless the policy or contract includes
as insured or covered members of the family any newborn infants
immediately from the moment of birth and thereafter which
insurance or contract shall provide coverage for illness,
injury, congenital malformation, or premature birth. For
purposes of this paragraph, "newborn infants" includes
grandchildren who are financially dependent upon a covered
grandparent and who reside with that covered grandparent
continuously from birth. No policy or contract covered by this
section may require notification to a health carrier as a
condition for this dependent coverage. However, if the policy
or contract mandates an additional premium for each dependent,
the health carrier shall be entitled to all premiums that would
have been collected had the health carrier been aware of the
additional dependent. The health carrier may withhold payment
of any health benefits for the new dependent until it has been
compensated with the applicable premium which would have been
owed if the health carrier had been informed of the additional
dependent immediately.
(b) The coverage under paragraph (a) includes benefits for
inpatient or outpatient expenses arising from medical and dental
treatment up to age 18 the limiting age for coverage of the
dependent, including orthodontic and oral surgery treatment,
involved in the management of birth defects known as cleft lip
and cleft palate. Benefits for individuals age 19 up to the
limiting age for coverage of the dependent are limited to
inpatient or outpatient expenses arising from medical and dental
treatment that was scheduled or initiated prior to the dependent
turning age 19. If orthodontic services are eligible for
coverage under a dental insurance plan and another policy or
contract, the dental plan shall be primary and the other policy
or contract shall be secondary in regard to the coverage
required under paragraph (a). Payment for dental or orthodontic
treatment not related to the management of the congenital
condition of cleft lip and cleft palate shall not be covered
under this provision.
Subd. 2. [GROUP POLICIES.] (a) No group accident and
sickness insurance policy and no group health maintenance
contract which provide for coverage of family members or other
dependents of an employee or other member of the covered group
shall be renewed to cover members of a group located in this
state or delivered or issued for delivery to any person in this
state unless the policy or contract includes as insured or
covered family members or dependents any newborn infants
immediately from the moment of birth and thereafter which
insurance or contract shall provide coverage for illness,
injury, congenital malformation, or premature birth. For
purposes of this paragraph, "newborn infants" includes
grandchildren who are financially dependent upon a covered
grandparent and who reside with that covered grandparent
continuously from birth. No policy or contract covered by this
section may require notification to a health carrier as a
condition for this dependent coverage. However, if the policy
or contract mandates an additional premium for each dependent,
the health carrier shall be entitled to all premiums that would
have been collected had the health carrier been aware of the
additional dependent. The health carrier may reduce the health
benefits owed to the insured, certificate holder, member, or
subscriber by the amount of past due premiums applicable to the
additional dependent.
(b) The coverage under paragraph (a) includes benefits for
inpatient or outpatient expenses arising from medical and dental
treatment up to age 18 the limiting age for coverage of the
dependent, including orthodontic and oral surgery treatment,
involved in the management of birth defects known as cleft lip
and cleft palate. Benefits for individuals age 19 up to the
limiting age for coverage of the dependent are limited to
inpatient or outpatient expenses arising from medical and dental
treatment that was scheduled or initiated prior to the dependent
turning age 19. If orthodontic services are eligible for
coverage under a dental insurance plan and another policy or
contract, the dental plan shall be primary and the other policy
or contract shall be secondary in regard to the coverage
required under paragraph (a). Payment for dental or orthodontic
treatment not related to the management of the congenital
condition of cleft lip and cleft palate shall not be covered
under this provision.
[EFFECTIVE DATE.] This section is effective January 1,
2005, and applies to coverage issued or renewed on or after that
date.
Sec. 4. Minnesota Statutes 2002, section 62C.14,
subdivision 14, is amended to read:
Subd. 14. [NEWBORN INFANT COVERAGE.] No subscriber's
individual contract or any group contract which provides for
coverage of family members or other dependents of a subscriber
or of an employee or other group member of a group subscriber,
shall be renewed, delivered, or issued for delivery in this
state unless such contract includes as covered family members or
dependents any newborn infants immediately from the moment of
birth and thereafter which insurance shall provide coverage for
illness, injury, congenital malformation or premature
birth. The coverage described in this subdivision includes
coverage of cleft lip and cleft palate to the same extent
provided in section 62A.042, subdivisions 1, paragraph (b); and
2, paragraph (b). For purposes of this paragraph, "newborn
infants" includes grandchildren who are financially dependent
upon a covered grandparent and who reside with that covered
grandparent continuously from birth. No policy, contract, or
agreement covered by this section may require notification to a
health carrier as a condition for this dependent coverage.
However, if the policy, contract, or agreement mandates an
additional premium for each dependent, the health carrier shall
be entitled to all premiums that would have been collected had
the health carrier been aware of the additional dependent. The
health carrier may withhold payment of any health benefits for
the new dependent until it has been compensated with the
applicable premium which would have been owed if the health
carrier had been informed of the additional dependent
immediately.
[EFFECTIVE DATE.] This section is effective January 1,
2005, and applies to coverage issued or renewed on or after that
date.
Sec. 5. [151.214] [PAYMENT DISCLOSURE.]
Subdivision 1. [EXPLANATION OF PHARMACY BENEFITS.] A
pharmacist licensed under this chapter must provide to a
purchaser, for each prescription dispensed where part or all of
the cost of the prescription is being paid or reimbursed by an
employer-sponsored plan or health plan company, or its
contracted pharmacy benefit manager, the purchaser's co-payment
amount and the usual and customary price of the prescription or
the amount the pharmacy will be paid for the prescription drug
by the purchaser's employer-sponsored plan or health plan
company, or its contracted pharmacy benefit manager.
Subd. 2. [NO PROHIBITION ON DISCLOSURE.] No contracting
agreement between an employer-sponsored health plan or health
plan company, or its contracted pharmacy benefit manager, and a
resident or nonresident pharmacy registered under this chapter,
may prohibit the pharmacy from disclosing to patients
information a pharmacy is required or given the option to
provide under subdivision 1.
Sec. 6. Minnesota Statutes 2002, section 243.55,
subdivision 1, is amended to read:
Subdivision 1. Any person who brings, sends, or in any
manner causes to be introduced into any state correctional
facility or state hospital, or within or upon the grounds
belonging to or land or controlled by any such facility or
hospital, or is found in possession of any controlled substance
as defined in section 152.01, subdivision 4, or any firearms,
weapons or explosives of any kind, without the consent of the
chief executive officer thereof, shall be guilty of a felony
and, upon conviction thereof, punished by imprisonment for a
term of not more than ten years. Any person who brings, sends,
or in any manner causes to be introduced into any state
correctional facility or within or upon the grounds belonging to
or land controlled by the facility, or is found in the
possession of any intoxicating or alcoholic liquor or malt
beverage of any kind without the consent of the chief executive
officer thereof, shall be guilty of a gross misdemeanor. The
provisions of this section shall not apply to physicians
carrying drugs or introducing any of the above described liquors
into such facilities for use in the practice of their
profession; nor to sheriffs or other peace officers carrying
revolvers or firearms as such officers in the discharge of
duties.
[EFFECTIVE DATE.] This section is effective August 1, 2004,
and applies to crimes committed on or after that date.
Sec. 7. Minnesota Statutes 2002, section 245.462,
subdivision 18, is amended to read:
Subd. 18. [MENTAL HEALTH PROFESSIONAL.] "Mental health
professional" means a person providing clinical services in the
treatment of mental illness who is qualified in at least one of
the following ways:
(1) in psychiatric nursing: a registered nurse who is
licensed under sections 148.171 to 148.285,; and:
(i) who is certified as a clinical specialist or as a nurse
practitioner in adult or family psychiatric and mental health
nursing by a national nurse certification organization; or
(ii) 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) 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;
(3) 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;
(4) 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;
(5) 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; or
(6) in allied fields: a person with a master's degree from
an accredited college or university in one of the behavioral
sciences or related fields, with at least 4,000 hours of
post-master's supervised experience in the delivery of clinical
services in the treatment of mental illness.
Sec. 8. Minnesota Statutes 2002, section 245.464, is
amended by adding a subdivision to read:
Subd. 3. [PUBLIC-PRIVATE PARTNERSHIPS.] The commissioner
may establish a mechanism by which counties, the Department of
Human Services, hospitals, health plans, consumers, providers,
and others may enter into agreements that allow for capacity
building and oversight of any agreed-upon entity that is
developed through these partnerships. The purpose of these
partnerships is the development and provision of mental health
services which would be more effective, efficient, and
accessible than services that might be provided separately by
each partner.
Sec. 9. Minnesota Statutes 2003 Supplement, 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 that is
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 245.4887;
(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 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 245.4887;
(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 245.4887 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 245.4887;
(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;
(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) consistent with section 245.486, 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.
Sec. 10. Minnesota Statutes 2002, section 245.4881,
subdivision 1, is amended to read:
Subdivision 1. [AVAILABILITY OF CASE MANAGEMENT SERVICES.]
(a) By April 1, 1992, The county board shall provide case
management services for each child with severe emotional
disturbance who is a resident of the county and the child's
family who request or consent to the services. Case management
services may be continued to be provided for a child with a
serious emotional disturbance who is over the age of 18
consistent with section 245.4875, subdivision 8. Staffing
ratios must be sufficient to serve the needs of the clients.
The case manager must meet the requirements in section 245.4871,
subdivision 4.
(b) Except as permitted by law and the commissioner under
demonstration projects, case management services provided to
children with severe emotional disturbance eligible for medical
assistance must be billed to the medical assistance program
under sections 256B.02, subdivision 8, and 256B.0625.
(c) Case management services are eligible for reimbursement
under the medical assistance program. Costs of mentoring,
supervision, and continuing education may be included in the
reimbursement rate methodology used for case management services
under the medical assistance program.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 11. Minnesota Statutes 2003 Supplement, section
246.15, is amended by adding a subdivision to read:
Subd. 3. [SAVINGS ACCOUNT.] The commissioner of human
services shall create a savings account for each patient
receiving treatment in a secure treatment facility as defined by
section 253B.02, subdivision 18a. The source of money to be
deposited in this account shall come from a portion of the
patient's share of the cost of care. The money in this savings
account shall be made available to the patient when the patient
is ready to be transitioned into the community. The money in
the account shall be used for expenses associated with obtaining
housing and other personal needs necessary for the patient's
smooth transition into the community. The savings account shall
be called "forensic patient transition savings account."
Sec. 12. [246B.05] [MINNESOTA SEX OFFENDER PROGRAM;
PRODUCTIVE DAY PROGRAM.]
Subdivision 1. [EMPLOYMENT OPTION.] The commissioner of
human services, in consultation with the commissioner of
corrections, shall develop an employment option for persons
committed to a sexual psychopathic personality treatment center
in order for patients to contribute to their cost of care. The
employment may include work maintaining the center or work that
is brought to the center by an outside source. The earnings
generated must be deposited into the account created in
subdivision 2 and divided between the participating patient and
the center, in an effort to reduce state costs.
Subd. 2. [MINNESOTA SEX OFFENDER PROGRAM; PRODUCTIVE DAY
PROGRAM ACCOUNT.] A productive day program account is created in
the state treasury. Money collected by the commissioner of
human services for the program under this section must be
deposited in this account. Money in the account is appropriated
to the commissioner for purposes of this section.
Subd. 3. [MONEY.] The commissioner has the authority to
collect money resulting from the productive day program, and
retain 50 percent to reimburse the state for the cost of
administering the work program and for the purpose of reducing
state costs associated with the Minnesota Sex Offender Program
and return 50 percent of the earnings to the patient.
Sec. 13. Minnesota Statutes 2003 Supplement, 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
used by making monthly payments on a sliding scale based on
income, 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 computed by applying the
following schedule of rates to the adjusted gross income of the
natural or adoptive parents:
(1) 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) if the adjusted gross income 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) if the adjusted gross income is greater than 375
percent of federal poverty guidelines and less than 675 percent
of federal poverty guidelines, the parental contribution shall
be 7.5 percent of adjusted gross income;
(4) if the adjusted gross income is equal to or greater
than 675 percent of federal poverty 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 annual adjusted
gross income is reduced by $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,
except, effective retroactive to July 1, 2003, taxable capital
gains to the extent the funds have been used to purchase a home
shall not be counted as income.
(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). 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 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.
Sec. 14. Minnesota Statutes 2002, section 253B.02, is
amended by adding a subdivision to read:
Subd. 24. [ADMINISTRATIVE RESTRICTION.] "Administrative
restriction" means any measure utilized by the commissioner to
maintain safety and security, protect possible evidence, and
prevent the continuation of suspected criminal acts.
Administrative restriction does not mean protective isolation as
defined by Minnesota Rules, part 9515.3090, subpart 4.
Administrative restriction may include increased monitoring,
program limitations, loss of privileges, restricted access to
and use of possessions, and separation of a patient from the
normal living environment, as determined by the commissioner or
the commissioner's designee. Administrative restriction applies
only to patients in a secure treatment facility as defined in
subdivision 18a who:
(1) are suspected of committing a crime or charged with a
crime;
(2) are the subject of a criminal investigation;
(3) are awaiting sentencing following a conviction of a
crime; or
(4) are awaiting transfer to a correctional facility.
The commissioner shall establish policies and procedures
according to section 246.014, paragraph (d), regarding the use
of administrative restriction. The policies and procedures
shall identify the implementation and termination of
administrative restrictions. Use of administrative restriction
and the reason associated with the use shall be documented in
the patient's medical record.
Sec. 15. Minnesota Statutes 2002, section 253B.02, is
amended by adding a subdivision to read:
Subd. 25. [SAFETY.] "Safety" means protection of persons
or property from potential danger, risk, injury, harm, or damage.
Sec. 16. Minnesota Statutes 2002, section 253B.02, is
amended by adding a subdivision to read:
Subd. 26. [SECURITY.] "Security" means the measures
necessary to achieve the management and accountability of
patients of the facility, staff, and visitors, as well as
property of the facility.
Sec. 17. Minnesota Statutes 2002, section 253B.03, is
amended by adding a subdivision to read:
Subd. 1a. [ADMINISTRATIVE RESTRICTION.] (a) A patient has
the right to be free from unnecessary or excessive
administrative restriction. Administrative restriction shall
not be used for the convenience of staff, for retaliation for
filing complaints, or as a substitute for program treatment.
Administrative restriction may not involve any further
deprivation of privileges than is necessary.
(b) Administrative restriction may include separate and
secure housing.
(c) Patients under administrative restriction shall not be
limited in access to their attorney.
(d) If a patient is placed on administrative restriction
because the patient is suspected of committing a crime, the
secure treatment facility must report the crime to the
appropriate police agency within 24 hours of the beginning of
administrative restriction. The patient must be released from
administrative restriction if a police agency does not begin an
investigation within 72 hours of the report.
(e) A patient placed on administrative restriction because
the patient is a subject of a criminal investigation must be
released from administrative restriction when the investigation
is completed. If the patient is charged with a crime following
the investigation, administrative restriction may continue until
the charge is disposed of.
(f) The secure treatment facility must notify the patient's
attorney of the patient's being placed on administrative
restriction within 24 hours after the beginning of
administrative restriction.
Sec. 18. Minnesota Statutes 2002, section 253B.185, is
amended by adding a subdivision to read:
Subd. 7. [RIGHTS OF PATIENTS COMMITTED UNDER THIS
SECTION.] (a) The commissioner or the commissioner's designee
may limit the statutory rights described in paragraph (b) for
patients committed to the Minnesota sex offender program under
this section or with the commissioner's consent under section
246B.02. The statutory rights described in paragraph (b) may be
limited only as necessary to maintain a therapeutic environment
or the security of the facility or to protect the safety and
well-being of patients, staff, and the public.
(b) The statutory rights that may be limited in accordance
with paragraph (a) are those set forth in section 144.651,
subdivision 19, personal privacy; section 144.651, subdivision
21, private communications; section 144.651, subdivision 22,
retain and use of personal property; section 144.651,
subdivision 25, manage personal financial affairs; section
144.651, subdivision 26, meet with visitors and participate in
groups; section 253B.03, subdivision 2, correspond with others;
and section 253B.03, subdivision 3, receive visitors and make
telephone calls. Other statutory rights enumerated by sections
144.651 and 253B.03, or any other law, may be limited as
provided in those sections.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 19. Minnesota Statutes 2002, section 256.01, is
amended by adding a subdivision to read:
Subd. 14a. [SINGLE BENEFIT DEMONSTRATION.] The
commissioner may conduct a demonstration program under a federal
Title IV-E waiver to demonstrate the impact of a single benefit
level on the rate of permanency for children in long-term foster
care through transfer of permanent legal custody or adoption.
The commissioner of human services is authorized to waive
enforcement of related statutory program requirements, rules,
and standards in one or more counties for the purpose of this
demonstration. The demonstration must comply with the
requirements of the secretary of health and human services under
federal waiver and be cost neutral to the state.
The commissioner may measure cost neutrality to the state
by the same mechanism approved by the secretary of health and
human services to measure federal cost neutrality. The
commissioner is authorized to accept and administer county funds
and to transfer state and federal funds among the affected
programs as necessary for the conduct of the demonstration.
Sec. 20. Minnesota Statutes 2002, section 256.01, is
amended by adding a subdivision to read:
Subd. 22. [HOMELESS SERVICES.] The commissioner of human
services may contract directly with nonprofit organizations
providing homeless services in two or more counties.
[EFFECTIVE DATE.] This section is effective immediately
following final enactment.
Sec. 21. Minnesota Statutes 2002, section 256B.055, is
amended by adding a subdivision to read:
Subd. 10b. [CHILDREN.] This subdivision supersedes
subdivision 10 as long as the Minnesota health care reform
waiver remains in effect. When the waiver expires, the
commissioner of human services shall publish a notice in the
State Register and notify the revisor of statutes. Medical
assistance may be paid for a child less than two years of age
with countable family income as established for infants under
section 256B.057, subdivision 1.
[EFFECTIVE DATE.] This section is effective retroactively
from July 1, 2003.
Sec. 22. Minnesota Statutes 2003 Supplement, section
256B.0596, is amended to read:
256B.0596 [MENTAL HEALTH CASE MANAGEMENT.]
Counties shall contract with eligible providers willing to
provide mental health case management services under section
256B.0625, subdivision 20. In order to be eligible, in addition
to general provider requirements under this chapter, the
provider must:
(1) be willing to provide the mental health case management
services; and
(2) have a minimum of at least one contact with the client
per week. This section is not intended to limit the ability of
a county to provide its own mental health case management
services.
Sec. 23. Minnesota Statutes 2003 Supplement, section
256B.0622, subdivision 8, is amended to read:
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, staff
travel time to provide rehabilitative services under this
section, and nonresidential 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).
Sec. 24. Minnesota Statutes 2002, section 256B.0916,
subdivision 2, is amended to read:
Subd. 2. [DISTRIBUTION OF FUNDS; PARTNERSHIPS.] (a)
Beginning with fiscal year 2000, the commissioner shall
distribute all funding available for home and community-based
waiver services for persons with mental retardation or related
conditions to individual counties or to groups of counties that
form partnerships to jointly plan, administer, and authorize
funding for eligible individuals. The commissioner shall
encourage counties to form partnerships that have a sufficient
number of recipients and funding to adequately manage the risk
and maximize use of available resources.
(b) Counties must submit a request for funds and a plan for
administering the program as required by the commissioner. The
plan must identify the number of clients to be served, their
ages, and their priority listing based on:
(1) requirements in Minnesota Rules, part 9525.1880;
(2) unstable living situations due to the age or incapacity
of the primary caregiver;
(3) the need for services to avoid out-of-home placement of
children; and
(4) the need to serve persons affected by private sector
ICF/MR closures; and
(5) the need to serve persons whose consumer support grant
exception amount was eliminated in 2004.
The plan must also identify changes made to improve services to
eligible persons and to improve program management.
(c) In allocating resources to counties, priority must be
given to groups of counties that form partnerships to jointly
plan, administer, and authorize funding for eligible individuals
and to counties determined by the commissioner to have
sufficient waiver capacity to maximize resource use.
(d) Within 30 days after receiving the county request for
funds and plans, the commissioner shall provide a written
response to the plan that includes the level of resources
available to serve additional persons.
(e) Counties are eligible to receive medical assistance
administrative reimbursement for administrative costs under
criteria established by the commissioner.
Sec. 25. Minnesota Statutes 2002, section 256B.49, is
amended by adding a subdivision to read:
Subd. 21. [REPORT.] The commissioner shall expand on the
annual report required under section 256B.0916, subdivision 7,
to include information on the county of residence and financial
responsibility, age, and major diagnoses for persons eligible
for the home and community-based waivers authorized under
subdivision 11 who are:
(1) receiving those services;
(2) screened and waiting for waiver services; and
(3) residing in nursing facilities and are under age 65.
Sec. 26. Minnesota Statutes 2003 Supplement, section
256B.69, subdivision 4, is amended to read:
Subd. 4. [LIMITATION OF CHOICE.] (a) The commissioner
shall develop criteria to determine when limitation of choice
may be implemented in the experimental counties. The criteria
shall ensure that all eligible individuals in the county have
continuing access to the full range of medical assistance
services as specified in subdivision 6.
(b) The commissioner shall exempt the following persons
from participation in the project, in addition to those who do
not meet the criteria for limitation of choice:
(1) persons eligible for medical assistance according to
section 256B.055, subdivision 1;
(2) persons eligible for medical assistance due to
blindness or disability as determined by the Social Security
Administration or the state medical review team, unless:
(i) they are 65 years of age or older; or
(ii) they reside in Itasca County or they reside in a
county in which the commissioner conducts a pilot project under
a waiver granted pursuant to section 1115 of the Social Security
Act;
(3) recipients who currently have private coverage through
a health maintenance organization;
(4) recipients who are eligible for medical assistance by
spending down excess income for medical expenses other than the
nursing facility per diem expense;
(5) recipients who receive benefits under the Refugee
Assistance Program, established under United States Code, title
8, section 1522(e);
(6) children who are both determined to be severely
emotionally disturbed and receiving case management services
according to section 256B.0625, subdivision 20;
(7) adults who are both determined to be seriously and
persistently mentally ill and received case management services
according to section 256B.0625, subdivision 20;
(8) persons eligible for medical assistance according to
section 256B.057, subdivision 10; and
(9) persons with access to cost-effective
employer-sponsored private health insurance or persons enrolled
in an individual health plan determined to be cost-effective
according to section 256B.0625, subdivision 15.
Children under age 21 who are in foster placement may enroll in
the project on an elective basis. Individuals excluded under
clauses (1), (6), and (7) may choose to enroll on an elective
basis. The commissioner may enroll recipients in the prepaid
medical assistance program for seniors who are (1) age 65 and
over, and (2) eligible for medical assistance by spending down
excess income.
(c) The commissioner may allow persons with a one-month
spenddown who are otherwise eligible to enroll to voluntarily
enroll or remain enrolled, if they elect to prepay their monthly
spenddown to the state.
(d) The commissioner may require those individuals to
enroll in the prepaid medical assistance program who otherwise
would have been excluded under paragraph (b), clauses (1), (3),
and (8), and under Minnesota Rules, part 9500.1452, subpart 2,
items H, K, and L.
(e) Before limitation of choice is implemented, eligible
individuals shall be notified and after notification, shall be
allowed to choose only among demonstration providers. The
commissioner may assign an individual with private coverage
through a health maintenance organization, to the same health
maintenance organization for medical assistance coverage, if the
health maintenance organization is under contract for medical
assistance in the individual's county of residence. After
initially choosing a provider, the recipient is allowed to
change that choice only at specified times as allowed by the
commissioner. If a demonstration provider ends participation in
the project for any reason, a recipient enrolled with that
provider must select a new provider but may change providers
without cause once more within the first 60 days after
enrollment with the second provider.
(f) An infant born to a woman who is eligible for and
receiving medical assistance and who is enrolled in the prepaid
medical assistance program shall be retroactively enrolled to
the month of birth in the same managed care plan as the mother
once the child is enrolled in medical assistance unless the
child is determined to be excluded from enrollment in a prepaid
plan under this section.
[EFFECTIVE DATE.] This section is effective July 1, 2004,
or upon federal approval, whichever is later.
Sec. 27. Minnesota Statutes 2002, section 256F.10,
subdivision 5, is amended to read:
Subd. 5. [CASE MANAGERS.] Case managers are individuals
employed by and authorized by the certified child welfare
targeted case management provider to provide case management
services under section 256B.094 and this section. A case
manager must have:
(1) skills in identifying and assessing a wide range of
children's needs;
(2) knowledge of local child welfare and a variety of
community resources and effective use of those resources for the
benefit of the child; and
(3) a bachelor's degree in social work, psychology,
sociology, or a closely related field from an accredited
four-year college or university; or a bachelor's degree from an
accredited four-year college or university in a field other than
social work, psychology, sociology or a closely related field,
plus one year of experience in the delivery of social services
to children as a supervised social worker in a public or private
social services agency; or
(4) been authorized to serve as a tribal child welfare case
manager certified by a federally recognized tribal government
within the state of Minnesota, pursuant to section 256B.02,
subdivision 7, paragraph (c), and determined as meeting
applicable standards.
Sec. 28. Minnesota Statutes 2002, section 260C.007,
subdivision 18, is amended to read:
Subd. 18. [FOSTER CARE.] "Foster care" means the 24 hour a
day care of a child in any facility which for gain or otherwise
regularly provides one or more children, when unaccompanied by
their parents, with a substitute for the care, food, lodging,
training, education, supervision or treatment they need but
which for any reason cannot be furnished by their parents or
legal guardians in their homes. substitute care for children
placed away from their parents or guardian and for whom a
responsible social services agency has placement and care
responsibility. "Foster care" includes, but is not limited to,
placement in foster family homes, foster homes of relatives,
group homes, emergency shelters, residential facilities not
excluded in this subdivision, child care institutions, and
proadoptive homes. A child is in foster care under this
definition regardless of whether the facility is licensed and
payments are made for the cost of care. Nothing in this
definition creates any authority to place a child in a home or
facility that is required to be licensed which is not licensed.
"Foster care" does not include placement in any of the following
facilities: hospitals, in-patient chemical dependency treatment
facilities, facilities that are primarily for delinquent
children, any corrections facility or program within a
particular correction's facility not meeting requirements for
Title IV-E facilities as determined by the commissioner,
facilities to which a child is committed under the provision of
chapter 253B, forestry camps, or jails.
Sec. 29. Minnesota Statutes 2002, section 260C.201,
subdivision 11, is amended to read:
Subd. 11. [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT
PLACEMENT DETERMINATION.] (a) Except for This subdivision and
subdivision 11a do not apply in cases where the child is in
placement due solely to the child's developmental disability or
emotional disturbance, and where legal custody has not been
transferred to the responsible social services agency, and where
the court finds compelling reasons under section 260C.007,
subdivision 8, to continue the child in foster care past the
time periods specified in this subdivision. Foster care
placements of children due solely to their disability are
governed by section 260C.141, subdivision 2b. In all other
cases where the child is in foster care or in the care of a
noncustodial parent under subdivision 1 of this section, the
court shall conduct a hearing to determine the permanent status
of a child not later than 12 months after the child is
placed out of the home of the in foster care or in the care of a
noncustodial parent.
For purposes of this subdivision, the date of the child's
placement out of the home of the parent in foster care is the
earlier of the first court-ordered placement or 60 days after
the date on which the child has been voluntarily placed out of
the home in foster care by the child's parent or guardian. For
purposes of this subdivision, time spent by a child under the
protective supervision of the responsible social services agency
in the home of a noncustodial parent pursuant to an order under
subdivision 1 of this section counts towards the requirement of
a permanency hearing under this subdivision or subdivision 11a.
For purposes of this subdivision, 12 months is calculated
as follows:
(1) during the pendency of a petition alleging that a child
is in need of protection or services, all time periods when a
child is placed out of the home of the in foster care or in the
home of a noncustodial parent are cumulated;
(2) if a child has been placed out of the home of the
parent in foster care within the previous five years under one
or more previous petitions, the lengths of all prior time
periods when the child was placed out of the home in foster care
within the previous five years are cumulated. If a child under
this clause has been out of the home in foster care for 12
months or more, the court, if it is in the best interests of the
child and for compelling reasons, may extend the total time the
child may continue out of the home under the current petition up
to an additional six months before making a permanency
determination.
(b) Unless the responsible social services agency
recommends return of the child to the custodial parent or
parents, not later than 30 days prior to this hearing, the
responsible social services agency shall file pleadings in
juvenile court to establish the basis for the juvenile court to
order permanent placement of the child according to paragraph
(d). Notice of the hearing and copies of the pleadings must be
provided pursuant to section 260C.152. If a termination of
parental rights petition is filed before the date required for
the permanency planning determination and there is a trial under
section 260C.163 scheduled on that petition within 90 days of
the filing of the petition, no hearing need be conducted under
this subdivision.
(c) At the conclusion of the hearing, the court shall order
the child returned to the care of the parent or guardian from
whom the child was removed or order a permanent placement in the
child's best interests. The "best interests of the child" means
all relevant factors to be considered and evaluated. Transfer
of permanent legal and physical custody, termination of parental
rights, or guardianship and legal custody to the commissioner
through a consent to adopt are preferred permanency options for
a child who cannot return home.
(d) If the child is not returned to the home, the court
must order one of the following dispositions:
(1) permanent legal and physical custody to a relative in
the best interests of the child according to the following
conditions:
(i) an order for transfer of permanent legal and physical
custody to a relative shall only be made after the court has
reviewed the suitability of the prospective legal and physical
custodian;
(ii) in transferring permanent legal and physical custody
to a relative, the juvenile court shall follow the standards
applicable under this chapter and chapter 260, and the
procedures set out in the juvenile court rules;
(iii) an order establishing permanent legal and physical
custody under this subdivision must be filed with the family
court;
(iv) a transfer of legal and physical custody includes
responsibility for the protection, education, care, and control
of the child and decision making on behalf of the child;
(v) the social services agency may bring a petition or
motion naming a fit and willing relative as a proposed permanent
legal and physical custodian. The commissioner of human
services shall annually prepare for counties information that
must be given to proposed custodians about their legal rights
and obligations as custodians together with information on
financial and medical benefits for which the child is eligible;
and
(vi) the juvenile court may maintain jurisdiction over the
responsible social services agency, the parents or guardian of
the child, the child, and the permanent legal and physical
custodian for purposes of ensuring appropriate services are
delivered to the child and permanent legal custodian or for the
purpose of ensuring conditions ordered by the court related to
the care and custody of the child are met;
(2) termination of parental rights according to the
following conditions:
(i) unless the social services agency has already filed a
petition for termination of parental rights under section
260C.307, the court may order such a petition filed and all the
requirements of sections 260C.301 to 260C.328 remain applicable;
and
(ii) an adoption completed subsequent to a determination
under this subdivision may include an agreement for
communication or contact under section 259.58;
(3) long-term foster care according to the following
conditions:
(i) the court may order a child into long-term foster care
only if it finds compelling reasons that neither an award of
permanent legal and physical custody to a relative, nor
termination of parental rights is in the child's best interests;
and
(ii) further, the court may only order long-term foster
care for the child under this section if it finds the following:
(A) the child has reached age 12 and reasonable efforts by
the responsible social services agency have failed to locate an
adoptive family for the child; or
(B) the child is a sibling of a child described in subitem
(A) and the siblings have a significant positive relationship
and are ordered into the same long-term foster care home;
(4) foster care for a specified period of time according to
the following conditions:
(i) foster care for a specified period of time may be
ordered only if:
(A) the sole basis for an adjudication that the child is in
need of protection or services is the child's behavior;
(B) the court finds that foster care for a specified period
of time is in the best interests of the child; and
(C) the court finds compelling reasons that neither an
award of permanent legal and physical custody to a relative, nor
termination of parental rights is in the child's best interests;
(ii) the order does not specify that the child continue in
foster care for any period exceeding one year; or
(5) guardianship and legal custody to the commissioner of
human services under the following procedures and conditions:
(i) there is an identified prospective adoptive home that
has agreed to adopt the child and the court accepts the parent's
voluntary consent to adopt under section 259.24;
(ii) if the court accepts a consent to adopt in lieu of
ordering one of the other enumerated permanency dispositions,
the court must review the matter at least every 90 days. The
review will address the reasonable efforts of the agency to
achieve a finalized adoption;
(iii) a consent to adopt under this clause vests all legal
authority regarding the child, including guardianship and legal
custody of the child, with the commissioner of human services as
if the child were a state ward after termination of parental
rights;
(iv) the court must forward a copy of the consent to adopt,
together with a certified copy of the order transferring
guardianship and legal custody to the commissioner, to the
commissioner; and
(v) if an adoption is not finalized by the identified
prospective adoptive parent within 12 months of the execution of
the consent to adopt under this clause, the commissioner of
human services or the commissioner's delegate shall pursue
adoptive placement in another home unless the commissioner
certifies that the failure to finalize is not due to either an
action or a failure to act by the prospective adoptive parent.
(e) In ordering a permanent placement of a child, the court
must be governed by the best interests of the child, including a
review of the relationship between the child and relatives and
the child and other important persons with whom the child has
resided or had significant contact.
(f) Once a permanent placement determination has been made
and permanent placement has been established, further court
reviews are necessary if:
(1) the placement is long-term foster care or foster care
for a specified period of time;
(2) the court orders further hearings because it has
retained jurisdiction of a transfer of permanent legal and
physical custody matter;
(3) an adoption has not yet been finalized; or
(4) there is a disruption of the permanent or long-term
placement.
(g) Court reviews of an order for long-term foster care,
whether under this section or section 260C.317, subdivision 3,
paragraph (d), or foster care for a specified period of time
must be conducted at least yearly and must review the child's
out-of-home placement plan and the reasonable efforts of the
agency to:
(1) identify a specific long-term foster home for the child
or a specific foster home for the time the child is specified to
be out of the care of the parent, if one has not already been
identified;
(2) support continued placement of the child in the
identified home, if one has been identified;
(3) ensure appropriate services are provided to the child
during the period of long-term foster care or foster care for a
specified period of time;
(4) plan for the child's independence upon the child's
leaving long-term foster care living as required under section
260C.212, subdivision 1; and
(5) where placement is for a specified period of time, a
plan for the safe return of the child to the care of the parent.
(h) An order under this subdivision must include the
following detailed findings:
(1) how the child's best interests are served by the order;
(2) the nature and extent of the responsible social service
agency's reasonable efforts, or, in the case of an Indian child,
active efforts to reunify the child with the parent or parents;
(3) the parent's or parents' efforts and ability to use
services to correct the conditions which led to the out-of-home
placement; and
(4) whether the conditions which led to the out-of-home
placement have been corrected so that the child can return home.
(i) An order for permanent legal and physical custody of a
child may be modified under sections 518.18 and 518.185. The
social services agency is a party to the proceeding and must
receive notice. A parent may only seek modification of an order
for long-term foster care upon motion and a showing by the
parent of a substantial change in the parent's circumstances
such that the parent could provide appropriate care for the
child and that removal of the child from the child's permanent
placement and the return to the parent's care would be in the
best interest of the child.
(j) The court shall issue an order required under this
section within 15 days of the close of the proceedings. The
court may extend issuing the order an additional 15 days when
necessary in the interests of justice and the best interests of
the child.
Sec. 30. Minnesota Statutes 2002, section 260C.212,
subdivision 5, is amended to read:
Subd. 5. [RELATIVE SEARCH; NATURE.] (a) In implementing
the requirement that the responsible social services agency must
consider placement with a relative under subdivision 2 as soon
as possible without delay after identifying the need for
placement of the child in foster care, the responsible social
services agency shall identify relatives of the child and notify
them of the need for a foster care home for the child and of the
possibility of the need for a permanent out-of-home placement of
the child. The relative search required by this section shall
be reasonable and comprehensive in scope and may last up to six
months or until a fit and willing relative is
identified. Relatives should be notified that a decision not to
be a placement resource at the beginning of the case may affect
the relative being considered for placement of the child with
that relative later The relative search required by this section
shall include both maternal relatives of the child and paternal
relatives of the child, if paternity is adjudicated. The
relatives must be notified that they must keep the responsible
social services agency informed of their current address in
order to receive notice that a permanent placement is being
sought for the child. A relative who fails to provide a current
address to the responsible social services agency forfeits the
right to notice of the possibility of permanent placement. A
decision by a relative not to be a placement resource at the
beginning of the case shall not affect whether the relative is
considered for placement of the child with that relative later.
(b) A responsible social services agency may disclose
private or confidential data, as defined in section 13.02, to
relatives of the child for the purpose of locating a suitable
placement. The agency shall disclose only data that is
necessary to facilitate possible placement with relatives. If
the child's parent refuses to give the responsible social
services agency information sufficient to identify the maternal
and paternal relatives of the child, the agency shall determine
whether the parent's refusal is in the child's best interests.
If the agency determines the parent's refusal is not in the
child's best interests, the agency shall file a petition under
section 260C.141, and shall ask the juvenile court to order the
parent to provide the necessary information. If a parent makes
an explicit request that relatives or a specific relative not be
contacted or considered for placement, the agency shall bring
the parent's request to the attention of the court to determine
whether the parent's request is consistent with the best
interests of the child and the agency shall not contact
relatives or a specific relative unless authorized to do so by
the juvenile court.
(c) When the placing agency determines that a permanent
placement hearing is necessary because there is a likelihood
that the child will not return to a parent's care, the agency
may send the notice provided in paragraph (d), may ask the court
to modify the requirements of the agency under this paragraph,
or may ask the court to completely relieve the agency of the
requirements of this paragraph. The relative notification
requirements of this paragraph do not apply when the child is
placed with an appropriate relative or a foster home that has
committed to being the permanent legal placement for the child
and the agency approves of that foster home for permanent
placement of the child. The actions ordered by the court under
this section must be consistent with the best interests, safety,
and welfare of the child.
(d) Unless required under the Indian Child Welfare Act or
relieved of this duty by the court under paragraph (c), when the
agency determines that it is necessary to prepare for the
permanent placement determination hearing, or in anticipation of
filing a termination of parental rights petition, the agency
shall send notice to the relatives, any adult with whom the
child is currently residing, any adult with whom the child has
resided for one year or longer in the past, and any adults who
have maintained a relationship or exercised visitation with the
child as identified in the agency case plan. The notice must
state that a permanent home is sought for the child and that the
individuals receiving the notice may indicate to the agency
their interest in providing a permanent home. The notice must
state that within 30 days of receipt of the notice an individual
receiving the notice must indicate to the agency the
individual's interest in providing a permanent home for the
child or that the individual may lose the opportunity to be
considered for a permanent placement.
(e) The Department of Human Services shall develop a best
practices guide and specialized staff training to assist the
responsible social services agency in performing and complying
with the relative search requirements under this subdivision.
Sec. 31. [LEAD REDUCTION STUDY.]
The commissioner of health, in consultation with the
Department of Employment and Economic Development, the Minnesota
Housing Finance Agency, and the Department of Human Services,
shall develop and evaluate the best strategies to reduce the
number of children endangered by lead paint. The study shall
examine:
(1) how to promote and encourage primary prevention;
(2) how to ensure that all children at risk are tested;
(3) whether or not to reduce the state mandatory
intervention from 20 to ten micrograms of lead per deciliter of
whole blood and if a reduction is not recommended whether to
develop guidelines on intervention for children with blood
levels between ten and 20 micrograms of lead per deciliter of
whole blood;
(4) how to provide incentives and funding support to
property owners for lead hazard prevention and reduction; and
(5) ways to provide resources for local jurisdictions to
conduct outreach.
The commissioner shall submit the results of the study and any
recommendations, including any necessary legislative changes to
the legislature by January 15, 2005.
Sec. 32. [CONSUMER-DIRECTED COMMUNITY SUPPORT EVALUATION.]
The commissioner of human services, in consultation with
interested stakeholders, including representatives of consumers,
families, guardians, advocacy groups, counties, and providers,
shall evaluate the new consumer-directed community support
option under the home and community-based waiver programs, as
required by the federal Center for Medicare and Medicaid
Services. The evaluation shall include, but not be limited to,
an examination of whether any current consumer-directed option
participants will have their funding reduced so significantly
that their health, safety, and welfare at home will be
jeopardized, and whether replacement services will cost more or
be of lower quality than their current consumer-directed
services. The preliminary findings of the evaluation shall be
provided to the house and senate committees with jurisdiction
over human services policy and finance by February 15, 2005.
Sec. 33. [REPEALER.]
Laws 2003, First Special Session chapter 14, article 3,
section 56, is repealed effective immediately following final
enactment.
ARTICLE 4
CHILD CARE; MINNESOTA FAMILY INVESTMENT PLAN
Section 1. Minnesota Statutes 2003 Supplement, section
119B.011, subdivision 6, is amended to read:
Subd. 6. [CHILD CARE FUND.] "Child care fund" means a
program under this chapter providing:
(1) financial assistance for child care to parents engaged
in employment, job search, or education and training leading to
employment, or an at-home infant child care subsidy; and
(2) grants to develop, expand, and improve the access and
availability of child care services statewide.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 2. Minnesota Statutes 2003 Supplement, section
119B.011, subdivision 8, is amended to read:
Subd. 8. [COMMISSIONER.] "Commissioner" means the
commissioner of education human services.
Sec. 3. Minnesota Statutes 2003 Supplement, section
119B.011, subdivision 10, is amended to read:
Subd. 10. [DEPARTMENT.] "Department" means the Department
of Education Human Services.
Sec. 4. Minnesota Statutes 2002, section 119B.011, is
amended by adding a subdivision to read:
Subd. 10a. [DIVERSIONARY WORK PROGRAM.] "Diversionary work
program" means the program established under section 256J.95.
Sec. 5. Minnesota Statutes 2003 Supplement, section
119B.011, subdivision 15, is amended to read:
Subd. 15. [INCOME.] "Income" means earned or unearned
income received by all family members, including public
assistance cash benefits and at-home infant child care subsidy
payments, unless specifically excluded and child support and
maintenance distributed to the family under section 256.741,
subdivision 15. The following are excluded from income: funds
used to pay for health insurance premiums for family members,
Supplemental Security Income, scholarships, work-study income,
and grants that cover costs or reimbursement for tuition, fees,
books, and educational supplies; student loans for tuition,
fees, books, supplies, and living expenses; state and federal
earned income tax credits; assistance specifically excluded as
income by law; in-kind income such as food support, energy
assistance, foster care assistance, medical assistance, child
care assistance, and housing subsidies; earned income of
full-time or part-time students up to the age of 19, who have
not earned a high school diploma or GED high school equivalency
diploma including earnings from summer employment; grant awards
under the family subsidy program; nonrecurring lump sum income
only to the extent that it is earmarked and used for the purpose
for which it is paid; and any income assigned to the public
authority according to section 256.741.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 6. Minnesota Statutes 2003 Supplement, section
119B.011, subdivision 20, is amended to read:
Subd. 20. [TRANSITION YEAR FAMILIES.] (a) "Transition year
families" means families who have received MFIP assistance, or
who were eligible to receive MFIP assistance after choosing to
discontinue receipt of the cash portion of MFIP assistance under
section 256J.31, subdivision 12, or families who have received
DWP assistance under section 256J.95 for at least three of the
last six months before losing eligibility for MFIP or DWP.
Transition year child care may be used to support employment or
job search. Transition year child care is not available to
families who have been disqualified from MFIP or DWP due to
fraud.
(b) Subd. 20a. [TRANSITION YEAR EXTENSION FAMILIES.]
"Transition year extension year families" means families who
have completed their transition year of child care assistance
under this subdivision and who are eligible for, but on a
waiting list for, services under section 119B.03. For purposes
of sections 119B.03, subdivision 3, and 119B.05, subdivision 1,
clause (2), families participating in extended transition year
shall not be considered transition year families. Transition
year extension child care may be used to support employment or a
job search that meets the requirements of section 119B.10 for
the length of time necessary for families to be moved from the
basic sliding fee waiting list into the basic sliding fee
program.
Sec. 7. Minnesota Statutes 2002, section 119B.02,
subdivision 4, is amended to read:
Subd. 4. [UNIVERSAL APPLICATION FORM.] The commissioner
must develop and make available to all counties a universal
application form for child care assistance under this
chapter. The commissioner may develop and make available to all
counties a child care addendum form to be used to supplement the
combined application form for MFIP, DWP, or Food Support or to
supplement other statewide application forms for public
assistance programs for families applying for one of these
programs in addition to child care assistance. The application
must provide notice of eligibility requirements for assistance
and penalties for wrongfully obtaining assistance.
Sec. 8. Minnesota Statutes 2002, section 119B.03,
subdivision 3, is amended to read:
Subd. 3. [ELIGIBLE PARTICIPANTS.] Families that meet the
eligibility requirements under sections 119B.07, 119B.09, and
119B.10, except MFIP participants, work first
participants diversionary work program, and transition year
families are eligible for child care assistance under the basic
sliding fee program. Families enrolled in the basic sliding fee
program shall be continued until they are no longer eligible.
Child care assistance provided through the child care fund is
considered assistance to the parent.
Sec. 9. Minnesota Statutes 2003 Supplement, 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 DWP 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.
(d) Families under paragraph (b) must be added to the basic
sliding fee waiting list on the date they begin the transition
year under section 119B.011, subdivision 20, and must be moved
into the basic sliding fee program as soon as possible after
they complete their transition year.
Sec. 10. Minnesota Statutes 2002, section 119B.03,
subdivision 6a, is amended to read:
Subd. 6a. [ALLOCATION DUE TO INCREASED FUNDING.] When
funding increases are implemented within a calendar year, every
county must receive an allocation at least equal and
proportionate to its original allocation for the same time
period. The remainder of the allocation must be recalculated to
reflect the funding increase, according to formulas identified
in subdivision 6.
Sec. 11. Minnesota Statutes 2002, section 119B.03, is
amended by adding a subdivision to read:
Subd. 6b. [ALLOCATION DUE TO DECREASED FUNDING.] When
funding decreases are implemented within a calendar year, county
allocations must be reduced in an amount proportionate to the
reduction in the total allocation for the same time period.
This applies when a funding decrease necessitates the revision
of an existing calendar year allocation.
Sec. 12. [119B.035] [AT-HOME INFANT CHILD CARE PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] A family in which a parent
provides care for the family's infant child may receive a
subsidy in lieu of assistance if the family is eligible for or
is receiving assistance under the basic sliding fee program. An
eligible family must meet the eligibility factors under section
119B.09, except as provided in subdivision 4, and the
requirements of this section. Subject to federal match and
maintenance of effort requirements for the child care and
development fund, the commissioner shall establish a pool of up
to three percent of the annual appropriation for the basic
sliding fee program to provide assistance under the at-home
infant child care program and for administrative costs
associated with the program. At the end of a fiscal year, the
commissioner may carry forward any unspent funds under this
section to the next fiscal year within the same biennium for
assistance under the basic sliding fee program.
Subd. 2. [ELIGIBLE FAMILIES.] A family with an infant
under the age of one year is eligible for assistance if:
(1) the family is not receiving MFIP, other cash
assistance, or other child care assistance;
(2) the family has not previously received a life-long
total of 12 months of assistance under this section; and
(3) the family is participating in the basic sliding fee
program or provides verification of participating in an
authorized activity at the time of application and meets the
program requirements.
Subd. 3. [ELIGIBLE PARENT.] A family is eligible for
assistance under this section if one parent cares for the
family's infant child. The eligible parent must:
(1) be over the age of 18;
(2) care for the infant full time in the infant's home; and
(3) care for any other children in the family who are
eligible for child care assistance under this chapter.
For purposes of this section, "parent" means birth parent,
adoptive parent, or stepparent.
Subd. 4. [ASSISTANCE.] (a) A family is limited to a
lifetime total of 12 months of assistance under subdivision 2.
The maximum rate of assistance is equal to 90 percent of the
rate established under section 119B.13 for care of infants in
licensed family child care in the applicant's county of
residence.
(b) A participating family must report income and other
family changes as specified in the county's plan under section
119B.08, subdivision 3.
(c) Persons who are admitted to the at-home infant child
care program retain their position in any basic sliding fee
program. Persons leaving the at-home infant child care program
reenter the basic sliding fee program at the position they would
have occupied.
(d) Assistance under this section does not establish an
employer-employee relationship between any member of the
assisted family and the county or state.
Subd. 5. [IMPLEMENTATION.] The commissioner shall
implement the at-home infant child care program under this
section through counties that administer the basic sliding fee
program under section 119B.03. The commissioner must develop
and distribute consumer information on the at-home infant child
care program to assist parents of infants or expectant parents
in making informed child care decisions.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 13. Minnesota Statutes 2003 Supplement, section
119B.05, subdivision 1, is amended to read:
Subdivision 1. [ELIGIBLE PARTICIPANTS.] Families eligible
for child care assistance under the MFIP child care program are:
(1) MFIP participants who are employed or in job search and
meet the requirements of section 119B.10;
(2) persons who are members of transition year families
under section 119B.011, subdivision 20, and meet the
requirements of section 119B.10;
(3) families who are participating in employment
orientation or job search, or other employment or training
activities that are included in an approved employability
development plan under chapter 256K section 256J.95;
(4) MFIP families who are participating in work job search,
job support, employment, or training activities as required in
their job search support or employment plan, or in appeals,
hearings, assessments, or orientations according to chapter
256J;
(5) MFIP families who are participating in social services
activities under chapter 256J or 256K as required in their
employment plan approved according to chapter 256J or 256K;
(6) families who are participating in programs as required
in tribal contracts under section 119B.02, subdivision 2, or
256.01, subdivision 2; and
(7) families who are participating in the transition year
extension under section 119B.011, subdivision 20, paragraph
(a) 20a.
Sec. 14. Minnesota Statutes 2003 Supplement, section
119B.09, subdivision 7, is amended to read:
Subd. 7. [DATE OF ELIGIBILITY FOR ASSISTANCE.] (a) The
date of eligibility for child care assistance under this chapter
is the later of the date the application was signed; the
beginning date of employment, education, or training; the date
the infant is born for applicants to the at-home infant care
program; or the date a determination has been made that the
applicant is a participant in employment and training services
under Minnesota Rules, part 3400.0080, subpart 2a, or chapter
256J or 256K.
(b) Payment ceases for a family under the at-home infant
child care program when a family has used a total of 12 months
of assistance as specified under section 119B.035. Payment of
child care assistance for employed persons on MFIP is effective
the date of employment or the date of MFIP eligibility,
whichever is later. Payment of child care assistance for MFIP
or work first DWP participants in employment and training
services is effective the date of commencement of the services
or the date of MFIP or work first DWP eligibility, whichever is
later. Payment of child care assistance for transition year
child care must be made retroactive to the date of eligibility
for transition year child care.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 15. Minnesota Statutes 2003 Supplement, section
119B.12, subdivision 2, is amended to read:
Subd. 2. [PARENT FEE.] A family must be assessed a parent
fee for each service period. A family's parent fee must be a
fixed percentage of its annual gross income. Parent fees must
apply to families eligible for child care assistance under
sections 119B.03 and 119B.05. Income must be as defined in
section 119B.011, subdivision 15. The fixed percent is based on
the relationship of the family's annual gross income to 100
percent of the annual federal poverty guidelines. Parent fees
must begin at 75 percent of the poverty level. The minimum
parent fees for families between 75 percent and 100 percent of
poverty level must be $10 per month. Parent fees must provide
for graduated movement to full payment.
Sec. 16. Minnesota Statutes 2003 Supplement, section
119B.125, subdivision 1, is amended to read:
Subdivision 1. [AUTHORIZATION.] Except as provided in
subdivision 5, a county must authorize the provider chosen by an
applicant or a participant before the county can authorize
payment for care provided by that provider. The commissioner
must establish the requirements necessary for authorization of
providers. A provider must be reauthorized every two years. A
legal, nonlicensed family child care provider also must be
reauthorized when another person over the age of 13 joins the
household, a current household member turns 13, or there is
reason to believe that a household member has a factor that
prevents authorization. The provider is required to report all
family changes that would require reauthorization. When a
provider has been authorized for payment for providing care for
families in more than one county, the county responsible for
reauthorization of that provider is the county of the family
with a current authorization for that provider and who has used
the provider for the longest length of time.
Sec. 17. Minnesota Statutes 2003 Supplement, section
119B.125, subdivision 2, is amended to read:
Subd. 2. [PERSONS WHO CANNOT BE AUTHORIZED.] (a) A person
who meets any of the conditions under paragraphs (b) to (n) must
not be authorized as a legal nonlicensed family child care
provider. To determine whether any of the listed conditions
exist, the county must request information about the provider
from the Bureau of Criminal Apprehension, the juvenile courts,
and social service agencies. When one of the listed entities
does not maintain information on a statewide basis, the county
must contact the entity in the county where the provider resides
and any other county in which the provider previously resided in
the past year. For purposes of this subdivision, a finding that
a delinquency petition is proven in juvenile court must be
considered a conviction in state district court. If a county
has determined that a provider is able to be authorized in that
county, and a family in another county later selects that
provider, the provider is able to be authorized in the second
county without undergoing a new background investigation unless
one of the following conditions exists:
(1) two years have passed since the first authorization;
(2) another person age 13 or older has joined the
provider's household since the last authorization;
(3) a current household member has turned 13 since the last
authorization; or
(4) there is reason to believe that a household member has
a factor that prevents authorization.
(b) The person has been convicted of one of the following
offenses or has admitted to committing or a preponderance of the
evidence indicates that the person has committed an act that
meets the definition of one of the following offenses: sections
609.185 to 609.195, murder in the first, second, or third
degree; 609.2661 to 609.2663, murder of an unborn child in the
first, second, or third degree; 609.322, solicitation,
inducement, or promotion of prostitution; 609.323, receiving
profit from prostitution; 609.342 to 609.345, criminal sexual
conduct in the first, second, third, or fourth degree; 609.352,
solicitation of children to engage in sexual conduct; 609.365,
incest; 609.377, felony malicious punishment of a child;
617.246, use of minors in sexual performance; 617.247,
possession of pictorial representation of a minor; 609.2242 to
609.2243, felony 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 or country where the
elements are substantially similar to any of the offenses listed
in this paragraph.
(c) Less than 15 years have passed since the discharge of
the sentence imposed for the offense and the person has received
a felony conviction for one of the following offenses, or the
person has admitted to committing or a preponderance of the
evidence indicates that the person has committed an act that
meets the definition of a felony conviction for one of the
following offenses: sections 609.20 to 609.205, manslaughter in
the first or second degree; 609.21, criminal vehicular homicide;
609.215, aiding suicide or aiding attempted suicide; 609.221 to
609.2231, assault in the first, second, third, or fourth degree;
609.224, repeat offenses of fifth degree assault; 609.228, great
bodily harm caused by distribution of drugs; 609.2325, criminal
abuse of a vulnerable adult; 609.2335, financial exploitation of
a vulnerable adult; 609.235, use of drugs to injure or
facilitate a crime; 609.24, simple robbery; 617.241, repeat
offenses of obscene materials and performances; 609.245,
aggravated robbery; 609.25, kidnapping; 609.255, false
imprisonment; 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; 609.27, coercion; 609.275, attempt to
coerce; 609.324, subdivision 1, other prohibited acts, minor
engaged in prostitution; 609.3451, repeat offenses of criminal
sexual conduct in the fifth degree; 609.378, neglect or
endangerment of a child; 609.52, theft; 609.521, possession of
shoplifting gear; 609.561 to 609.563, arson in the first,
second, or third degree; 609.582, burglary in the first, second,
third, or fourth degree; 609.625, aggravated forgery; 609.63,
forgery; 609.631, check forgery, offering a forged check;
609.635, obtaining signature by false pretenses; 609.66,
dangerous weapon; 609.665, setting a spring gun; 609.67,
unlawfully owning, possessing, or operating a machine gun;
609.687, adulteration; 609.71, riot; 609.713, terrorist threats;
609.749, harassment, stalking; 260.221, grounds for termination
of parental rights; 152.021 to 152.022, controlled substance
crime in the first or second degree; 152.023, subdivision 1,
clause (3) or (4), or 152.023, subdivision 2, clause (4),
controlled substance crime in third degree; 152.024, subdivision
1, clause (2), (3), or (4), controlled substance crime in fourth
degree; 617.23, repeat offenses of indecent exposure; an 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 paragraph.
(d) Less than ten years have passed since the discharge of
the sentence imposed for the offense and the person has received
a gross misdemeanor conviction for one of the following offenses
or the person has admitted to committing or a preponderance of
the evidence indicates that the person has committed an act that
meets the definition of a gross misdemeanor conviction for one
of the following offenses: sections 609.224, fifth degree
assault; 609.2242 to 609.2243, domestic assault; 518B.01,
subdivision 14, violation of an order for protection; 609.3451,
fifth degree criminal sexual conduct; 609.746, repeat offenses
of interference with privacy; 617.23, repeat offenses of
indecent exposure; 617.241, obscene materials and performances;
617.243, indecent literature, distribution; 617.293,
disseminating or displaying harmful material to minors; 609.71,
riot; 609.66, dangerous weapons; 609.749, harassment, stalking;
609.224, subdivision 2, paragraph (c), fifth degree assault
against a vulnerable adult by a caregiver; 609.23, mistreatment
of persons confined; 609.231, mistreatment of residents or
patients; 609.2325, criminal abuse of a vulnerable adult;
609.2335, financial exploitation of a vulnerable adult; 609.233,
criminal neglect 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 in the first,
second, third, or fourth degree; 609.631, check forgery,
offering a forged check; 609.275, attempt to coerce; an 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 paragraph.
(e) Less than seven years have passed since the discharge
of the sentence imposed for the offense and the person has
received a misdemeanor conviction for one of the following
offenses or the person has admitted to committing or a
preponderance of the evidence indicates that the person has
committed an act that meets the definition of a misdemeanor
conviction for one of the following offenses: sections 609.224,
fifth degree assault; 609.2242, domestic assault; 518B.01,
violation of an order for protection; 609.3232, violation of an
order for protection; 609.746, interference with privacy;
609.79, obscene or harassing telephone calls; 609.795, letter,
telegram, or package opening, harassment; 617.23, indecent
exposure; 609.2672, assault of an unborn child, third degree;
617.293, dissemination and display of harmful materials to
minors; 609.66, dangerous weapons; 609.665, spring guns; an
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 paragraph.
(f) The person has been identified by the county's child
protection agency in the county where the provider resides or a
county where the provider has resided or by the statewide child
protection database as the person allegedly responsible for
physical or sexual abuse of a child within the last seven years.
(g) The person has been identified by the county's adult
protection agency in the county where the provider resides or a
county where the provider has resided or by the statewide adult
protection database as the person responsible for abuse or
neglect of a vulnerable adult within the last seven years.
(h) The person has refused to give written consent for
disclosure of criminal history records.
(i) The person has been denied a family child care license
or has received a fine or a sanction as a licensed child care
provider that has not been reversed on appeal.
(j) The person has a family child care licensing
disqualification that has not been set aside.
(k) The person has admitted or a county has found that
there is a preponderance of evidence that fraudulent information
was given to the county for child care assistance application
purposes or was used in submitting child care assistance bills
for payment.
(l) The person has been convicted or there is a
preponderance of evidence of the crime of theft by wrongfully
obtaining public assistance.
(m) The person has a household member age 13 or older who
has access to children during the hours that care is provided
and who meets one of the conditions listed in paragraphs (b) to
(l).
(n) The person has a household member ages ten to 12 who
has access to children during the hours that care is provided;
information or circumstances exist which provide the county with
articulable suspicion that further pertinent information may
exist showing the household member meets one of the conditions
listed in paragraphs (b) to (l); and the household member
actually meets one of the conditions listed in paragraphs (b) to
(l).
Sec. 18. Minnesota Statutes 2003 Supplement, section
119B.13, subdivision 1, is amended to read:
Subdivision 1. [SUBSIDY RESTRICTIONS.] The maximum rate
paid for child care assistance under the child care fund may not
exceed the 75th percentile rate for like-care arrangements in
the county as surveyed by the commissioner. A rate which
includes a provider bonus paid under subdivision 2 or a special
needs rate paid under subdivision 3 may be in excess of the
maximum rate allowed under this subdivision. The department
shall monitor the effect of this paragraph on provider rates.
The county shall pay the provider's full charges for every child
in care up to the maximum established. The commissioner shall
determine the maximum rate for each type of care on an hourly,
full-day, and weekly basis, including special needs and
handicapped care. Not less than once every two years, the
commissioner shall evaluate market practices for payment of
absences and shall establish policies for payment of absent days
that reflect current market practice.
When the provider charge is greater than the maximum
provider rate allowed, the parent is responsible for payment of
the difference in the rates in addition to any family co-payment
fee.
Sec. 19. Minnesota Statutes 2003 Supplement, section
119B.13, subdivision 1a, is amended to read:
Subd. 1a. [LEGAL NONLICENSED FAMILY CHILD CARE PROVIDER
RATES.] (a) Legal nonlicensed family child care providers
receiving reimbursement under this chapter must be paid on an
hourly basis for care provided to families receiving assistance.
(b) The maximum rate paid to legal nonlicensed family child
care providers must be 80 percent of the county maximum hourly
rate for licensed family child care providers. In counties
where the maximum hourly rate for licensed family child care
providers is higher than the maximum weekly rate for those
providers divided by 50, the maximum hourly rate that may be
paid to legal nonlicensed family child care providers is the
rate equal to the maximum weekly rate for licensed family child
care providers divided by 50 and then multiplied by 0.80.
(c) A rate which includes a provider bonus paid under
subdivision 2 or a special needs rate paid under subdivision 3
may be in excess of the maximum rate allowed under this
subdivision.
(d) Legal nonlicensed family child care providers receiving
reimbursement under this chapter may not be paid registration
fees for families receiving assistance.
Sec. 20. Minnesota Statutes 2003 Supplement, section
119B.189, subdivision 2, is amended to read:
Subd. 2. [INTERIM FINANCING.] "Interim financing" means
funding for up to 18 months:
(1) for activities that are necessary to receive and
maintain state child care licensing;
(2) to expand an existing child care program or to improve
program quality; and
(3) to operate for a period of six consecutive months after
a child care facility becomes licensed or satisfies standards of
the commissioner of education human services.
Sec. 21. Minnesota Statutes 2003 Supplement, section
119B.189, subdivision 4, is amended to read:
Subd. 4. [TRAINING PROGRAM.] "Training program" means
child development courses offered by an accredited postsecondary
institution or similar training approved by a county board or
the commissioner. A training program must be a course of study
that teaches specific skills to meet licensing requirements or
requirements of the commissioner of education human services.
Sec. 22. Minnesota Statutes 2003 Supplement, section
119B.19, subdivision 1, is amended to read:
Subdivision 1. [DISTRIBUTION OF FUNDS FOR OPERATION OF
CHILD CARE RESOURCE AND REFERRAL PROGRAMS.] The commissioner
of education human services shall distribute funds to public or
private nonprofit organizations for the planning, establishment,
expansion, improvement, or operation of child care resource and
referral programs under this section. The commissioner must
adopt rules for programs under this section and sections
119B.189 and 119B.21. The commissioner must develop a process
to fund organizations to operate child care resource and
referral programs that includes application forms, timelines,
and standards for renewal.
Sec. 23. Minnesota Statutes 2003 Supplement, section
119B.24, is amended to read:
119B.24 [DUTIES OF COMMISSIONER.]
In addition to the powers and duties already conferred by
law, the commissioner of education human services shall:
(1) administer the child care fund, including the basic
sliding fee program authorized under sections 119B.011 to
119B.16;
(2) monitor the child care resource and referral programs
established under section 119B.19; and
(3) encourage child care providers to participate in a
nationally recognized accreditation system for early childhood
and school-age care programs. Subject to approval by the
commissioner, family child care providers and early childhood
and school-age care programs shall be reimbursed for one-half of
the direct cost of accreditation fees, upon successful
completion of accreditation.
Sec. 24. Minnesota Statutes 2003 Supplement, section
119B.25, subdivision 2, is amended to read:
Subd. 2. [GRANTS.] The commissioner shall distribute money
provided by this section through a grant to a nonprofit
corporation organized to plan, develop, and finance early
childhood education and child care sites. The nonprofit
corporation must have demonstrated the ability to analyze
financing projects, have knowledge of other sources of public
and private financing for child care and early childhood
education sites, and have a relationship with the resource and
referral programs under section 119B.211. The board of
directors of the nonprofit corporation must include members who
are knowledgeable about early childhood education, child care,
development and improvement, and financing. The commissioners
of the Departments of Education Human Services and Employment
and Economic Development, and the commissioner of the Housing
Finance Agency shall advise the board on the loan program. The
grant must be used to make loans to improve child care or early
childhood education sites, or loans to plan, design, and
construct or expand licensed and legal unlicensed sites to
increase the availability of child care or early childhood
education. All loans made by the nonprofit corporation must
comply with section 363A.16.
Sec. 25. Minnesota Statutes 2003 Supplement, section
256.046, subdivision 1, is amended to read:
Subdivision 1. [HEARING AUTHORITY.] A local agency must
initiate an administrative fraud disqualification hearing for
individuals, including child care providers caring for children
receiving child care assistance, accused of wrongfully obtaining
assistance or intentional program violations, in lieu of a
criminal action when it has not been pursued, in the aid to
families with dependent children program formerly codified in
sections 256.72 to 256.87, MFIP, the diversionary work program,
child care assistance programs, general assistance, family
general assistance program formerly codified in section 256D.05,
subdivision 1, clause (15), Minnesota supplemental aid, food
stamp programs, general assistance medical care, MinnesotaCare
for adults without children, and upon federal approval, all
categories of medical assistance and remaining categories of
MinnesotaCare except for children through age 18. The hearing
is subject to the requirements of section 256.045 and the
requirements in Code of Federal Regulations, title 7, section
273.16, for the food stamp program and title 45, section
235.112, as of September 30, 1995, for the cash grant, medical
care programs, and child care assistance under chapter 119B.
Sec. 26. Minnesota Statutes 2003 Supplement, section
256.98, subdivision 8, is amended to read:
Subd. 8. [DISQUALIFICATION FROM PROGRAM.] (a) Any person
found to be guilty of wrongfully obtaining assistance by a
federal or state court or by an administrative hearing
determination, or waiver thereof, through a disqualification
consent agreement, or as part of any approved diversion plan
under section 401.065, or any court-ordered stay which carries
with it any probationary or other conditions, in the Minnesota
family investment program, the diversionary work program, the
food stamp or food support program, the general assistance
program, the group residential housing program, or the Minnesota
supplemental aid program shall be disqualified from that
program. In addition, any person disqualified from the
Minnesota family investment program shall also be disqualified
from the food stamp or food support program. The needs of that
individual shall not be taken into consideration in determining
the grant level for that assistance unit:
(1) for one year after the first offense;
(2) for two years after the second offense; and
(3) permanently after the third or subsequent offense.
The period of program disqualification shall begin on the
date stipulated on the advance notice of disqualification
without possibility of postponement for administrative stay or
administrative hearing and shall continue through completion
unless and until the findings upon which the sanctions were
imposed are reversed by a court of competent jurisdiction. The
period for which sanctions are imposed is not subject to
review. The sanctions provided under this subdivision are in
addition to, and not in substitution for, any other sanctions
that may be provided for by law for the offense involved. A
disqualification established through hearing or waiver shall
result in the disqualification period beginning immediately
unless the person has become otherwise ineligible for
assistance. If the person is ineligible for assistance, the
disqualification period begins when the person again meets the
eligibility criteria of the program from which they were
disqualified and makes application for that program.
(b) A family receiving assistance through child care
assistance programs under chapter 119B with a family member who
is found to be guilty of wrongfully obtaining child care
assistance by a federal court, state court, or an administrative
hearing determination or waiver, through a disqualification
consent agreement, as part of an approved diversion plan under
section 401.065, or a court-ordered stay with probationary or
other conditions, is disqualified from child care assistance
programs. The disqualifications must be for periods of three
months, six months, and two years for the first, second, and
third offenses respectively. Subsequent violations must result
in permanent disqualification. During the disqualification
period, disqualification from any child care program must extend
to all child care programs and must be immediately applied.
(c) A provider caring for children receiving assistance
through child care assistance programs under chapter 119B is
disqualified from receiving payment for child care services from
the child care assistance program under chapter 119B when the
provider is found to have wrongfully obtained child care
assistance by a federal court, state court, or an administrative
hearing determination or waiver under section 256.046, through a
disqualification consent agreement, as part of an approved
diversion plan under section 401.065, or a court-ordered stay
with probationary or other conditions. The disqualification
must be for a period of one year for the first offense and two
years for the second offense. Any subsequent violation must
result in permanent disqualification. The disqualification
period must be imposed immediately after a determination is made
under this paragraph. During the disqualification period, the
provider is disqualified from receiving payment from any child
care program under chapter 119B.
(d) Any person found to be guilty of wrongfully obtaining
general assistance medical care, MinnesotaCare for adults
without children, and upon federal approval, all categories of
medical assistance and remaining categories of MinnesotaCare,
except for children through age 18, by a federal or state court
or by an administrative hearing determination, or waiver
thereof, through a disqualification consent agreement, or as
part of any approved diversion plan under section 401.065, or
any court-ordered stay which carries with it any probationary or
other conditions, is disqualified from that program. The period
of disqualification is one year after the first offense, two
years after the second offense, and permanently after the third
or subsequent offense. The period of program disqualification
shall begin on the date stipulated on the advance notice of
disqualification without possibility of postponement for
administrative stay or administrative hearing and shall continue
through completion unless and until the findings upon which the
sanctions were imposed are reversed by a court of competent
jurisdiction. The period for which sanctions are imposed is not
subject to review. The sanctions provided under this
subdivision are in addition to, and not in substitution for, any
other sanctions that may be provided for by law for the offense
involved.
Sec. 27. Minnesota Statutes 2002, section 256D.051,
subdivision 6c, is amended to read:
Subd. 6c. [PROGRAM FUNDING.] (a) Within the limits of
available resources, the commissioner shall reimburse the actual
costs of county agencies and their employment and training
service providers for the provision of food stamp employment and
training services, including participant support services,
direct program services, and program administrative activities.
The cost of services for each county's food stamp employment and
training program shall not exceed an average of $400 per
participant the annual allocated amount. No more than 15
percent of program funds may be used for administrative
activities. The county agency may expend county funds in excess
of the limits of this subdivision without state reimbursement.
Program funds shall be allocated based on the county's
average number of food stamp cases as compared to the statewide
total number of such cases. The average number of cases shall
be based on counts of cases as of March 31, June 30, September
30, and December 31 of the previous calendar year. The
commissioner may reallocate unexpended money appropriated under
this section to those county agencies that demonstrate a need
for additional funds.
(b) This subdivision expires effective June 30, 2005.
Sec. 28. Minnesota Statutes 2002, section 256J.01,
subdivision 1, is amended to read:
Subdivision 1. [IMPLEMENTATION OF MINNESOTA FAMILY
INVESTMENT PROGRAM (MFIP).] Except for section 256J.95, this
chapter and chapter 256K may be cited as the Minnesota family
investment program (MFIP). MFIP is the statewide implementation
of components of the Minnesota family investment plan (MFIP)
authorized and formerly codified in section 256.031 and
Minnesota family investment plan-Ramsey County (MFIP-R) formerly
codified in section 256.047.
Sec. 29. Minnesota Statutes 2002, section 256J.08,
subdivision 73, is amended to read:
Subd. 73. [QUALIFIED NONCITIZEN.] "Qualified noncitizen"
means a person:
(1) who was lawfully admitted for permanent residence
pursuant according to United States Code, title 8;
(2) who was admitted to the United States as a refugee
pursuant according to United States Code, title 8; section 1157;
(3) whose deportation is being withheld pursuant according
to United States Code, title 8, section sections 1231(b)(3),
1253(h), and 1641(b)(5);
(4) who was paroled for a period of at least one year
pursuant according to United States Code, title 8, section
1182(d)(5);
(5) who was granted conditional entry pursuant according to
United State Code, title 8, section 1153(a)(7);
(6) who is a Cuban or Haitian entrant as defined in section
501(e) of the Refugee Education Assistance Act of 1980, United
States Code, title 8, section 1641(b)(7);
(7) who was granted asylum pursuant according to United
States Code, title 8, section 1158;
(7) determined to be a battered noncitizen by the United
States Attorney General according to the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996, Title V of the
Omnibus Consolidated Appropriations Bill, Public Law 104-208;
(8) who is a child of a noncitizen determined to be a
battered noncitizen by the United States Attorney General
according to the Illegal Immigration Reform and Responsibility
Act of 1996, title V, Public Law 104-200 battered noncitizen
according to United States Code, title 8, section 1641(c); or
(9) who was admitted as a Cuban or Haitian entrant is a
parent or child of a battered noncitizen according to United
States Code, title 8, section 1641(c).
Sec. 30. Minnesota Statutes 2002, section 256J.08,
subdivision 82a, is amended to read:
Subd. 82a. [SHARED HOUSEHOLD STANDARD.] "Shared household
standard" means the basic standard used when the household
includes an unrelated member. The standard also applies to a
member disqualified under section 256J.425. The cash portion of
the shared household standard is equal to 90 percent of the cash
portion of the transitional standard. The cash portion of the
shared household standard plus the food portion equals the full
shared household standard.
Sec. 31. Minnesota Statutes 2003 Supplement, 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 under section 256J.54;
(2) explain to the applicant the eligibility criteria in
section 256J.545 for the family violence waiver, and what an
applicant should do to develop an employment plan;
(3) determine if an applicant qualifies for an exemption
under section 256J.56 from employment and training services
requirements explain that the activities and hourly requirements
of the employment plan may be adjusted to accommodate the
personal and family circumstances of applicants who meet the
criteria in section 256J.561, subdivision 2, paragraph (d),
explain how a person should report to the county agency any
status changes, and explain that an applicant who is exempt not
required to participate in employment services under section
256J.561 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 assessment under section 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. 32. Minnesota Statutes 2003 Supplement, 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 Workforce Investment Act of 1998, United States Code, title
20, chapter 73, 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) 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 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) state adoption assistance payments under section
259.67, and up to an equal amount of county adoption assistance
payments;
(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 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 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 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. 33. Minnesota Statutes 2002, section 256J.21,
subdivision 3, is amended to read:
Subd. 3. [INITIAL INCOME TEST.] The county agency shall
determine initial eligibility by considering all earned and
unearned income that is not excluded under subdivision 2. To be
eligible for MFIP, the assistance unit's countable income minus
the disregards in paragraphs (a) and (b) must be below the
transitional standard of assistance according to section 256J.24
for that size assistance unit.
(a) The initial eligibility determination must disregard
the following items:
(1) the employment disregard is 18 percent of the gross
earned income whether or not the member is working full time or
part time;
(2) dependent care costs must be deducted from gross earned
income for the actual amount paid for dependent care up to a
maximum of $200 per month for each child less than two years of
age, and $175 per month for each child two years of age and
older under this chapter and chapter 119B;
(3) all payments made according to a court order for
spousal support or the support of children not living in the
assistance unit's household shall be disregarded from the income
of the person with the legal obligation to pay support, provided
that, if there has been a change in the financial circumstances
of the person with the legal obligation to pay support since the
support order was entered, the person with the legal obligation
to pay support has petitioned for a modification of the support
order; and
(4) an allocation for the unmet need of an ineligible
spouse or an ineligible child under the age of 21 for whom the
caregiver is financially responsible and who lives with the
caregiver according to section 256J.36.
(b) Notwithstanding paragraph (a), when determining initial
eligibility for applicant units when at least one member has
received work first or MFIP in this state within four months of
the most recent application for MFIP, apply the disregard as
defined in section 256J.08, subdivision 24, for all unit members.
After initial eligibility is established, the assistance
payment calculation is based on the monthly income test.
Sec. 34. Minnesota Statutes 2003 Supplement, section
256J.24, subdivision 5, is amended to read:
Subd. 5. [MFIP TRANSITIONAL STANDARD.] The MFIP
transitional standard is based on the number of persons in the
assistance unit 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 2003.
Number of Transitional Cash Food
Eligible People Standard Portion Portion
1 $370 $371: $250 $120 $121
2 $658 $661: $437 $221 $224
3 $844 $852: $532 $312 $320
4 $998 $1,006: $621 $377 $385
5 $1,135 $1,146: $697 $438 $449
6 $1,296 $1,309: $773 $523 $536
7 $1,414 $1,428: $850 $564 $578
8 $1,558 $1,572: $916 $642 $656
9 $1,700 $1,715: $980 $720 $735
10 $1,836 $1,853: $1,035 $801 $818
over 10 add $136 $137: $53 $83 $84
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. 35. Minnesota Statutes 2003 Supplement, 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. The
county agency may accept an affidavit a signed personal
statement from the applicant or participant only for factors
specified under subdivision 8.
Sec. 36. Minnesota Statutes 2003 Supplement, section
256J.32, subdivision 8, is amended to read:
Subd. 8. [AFFIDAVIT PERSONAL STATEMENT.] The county agency
may accept an affidavit a signed personal statement from the
applicant or recipient participant explaining the reasons that
the documentation requested in subdivision 2 is unavailable as
sufficient documentation at the time of application or,
recertification, or change related to eligibility 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; and
(5) other documentation unavailable for reasons beyond the
control of the applicant or participant. Reasonable attempts
must have been made to obtain the documents requested under
subdivision 2.
Sec. 37. Minnesota Statutes 2003 Supplement, 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) The county agency must convert unearned income received
on a periodic basis to monthly amounts by prorating the income
over the number of months represented by the frequency of the
payments. The county agency must begin counting the monthly
amount in the month the periodic payment is received and budget
it according to the assistance unit's budget cycle.
Sec. 38. Minnesota Statutes 2002, section 256J.415, is
amended to read:
256J.415 [NOTICE OF TIME LIMIT 12 MONTHS PRIOR TO 60-MONTH
TIME LIMIT EXPIRING.]
(a) The county agency shall mail a notice to each
assistance unit when the assistance unit has 12 months of TANF
assistance remaining and each month thereafter until the
60-month limit has expired. The notice must be developed by the
commissioner of human services and must contain information
about the 60-month limit, the number of months the participant
has remaining, the hardship extension policy, and any other
information that the commissioner deems pertinent to an
assistance unit nearing the 60-month limit.
(b) For applicants who have less than 12 months remaining
in the 60-month time limit because the unit previously received
TANF assistance in Minnesota or another state, the county agency
shall notify the applicant of the number of months of TANF
remaining when the application is approved and begin the process
required in paragraph (a).
Sec. 39. Minnesota Statutes 2003 Supplement, 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, must be
in compliance in the participant's 60th counted month. 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.
(c) Prior to denying an extension, the county must review
the sanction status and determine whether the sanction is
appropriate or if good cause exists under section 256J.57. If
the sanction was inappropriately applied or the participant is
granted a good cause exception before the end of month 60, the
participant shall be considered for an extension.
Sec. 40. Minnesota Statutes 2003 Supplement, 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,
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
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 qualified professional. The
participant must be following the treatment recommendations of
the qualified professional providing the verification. The
commissioner shall develop a form to be completed and signed by
the 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 (2);
(4) an apprenticeship under section 256J.49, subdivision
13, clause (1);
(5) supported work 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 (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 must be in
compliance for at least ten out of the 12 months the participant
received MFIP immediately preceding the participant's 61st month
on assistance. If ten or fewer months of eligibility for TANF
assistance remain at the time the participant from another state
applies for assistance, the participant must be in compliance
every month.
(f) The employment plan developed under section 256J.521,
subdivision 2, for participants under this subdivision must
contain at least the minimum number of hours specified in
paragraph (a) related to employment and work activities for the
purpose of meeting the requirements for an extension under this
subdivision. 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 a each participant two times in a 12-month period.
Sec. 41. Minnesota Statutes 2002, section 256J.425,
subdivision 5, is amended to read:
Subd. 5. [ACCRUAL OF CERTAIN EXEMPT MONTHS.] (a) A
participant who received TANF assistance that counted towards
the federal 60-month time limit while the participant
was Participants who meet the criteria in clause (1), (2), or (3)
and who are not eligible for assistance under a hardship
extension under subdivision 2, paragraph (a), clause (3), shall
be eligible for a hardship extension for a period of time equal
to the number of months that were counted toward the federal
60-month time limit while the participant was:
(1) a caregiver 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), who was subject to the
requirements in section 256J.561, subdivision 2;
(2) exempt under section 256J.56, paragraph (a), clause
(7), from employment and training services requirements and who
is no longer eligible for assistance under a hardship extension
under subdivision 2, paragraph (a), clause (3), is eligible for
assistance under a hardship extension for a period of time equal
to the number of months that were counted toward the federal
60-month time limit while the participant was exempt under
section 256J.56, paragraph (a), clause (7), from the employment
and training services requirements.; or
(3) exempt under section 256J.56, paragraph (a), clause
(3), and demonstrates at the time of the case review required
under section 256J.42, subdivision 6, that the participant met
the exemption criteria under section 256J.56, paragraph (a),
clause (7), during one or more months the participant was exempt
under section 256J.56, paragraph (a), clause (3). Only months
during which the participant met the criteria under section
256J.56, paragraph (a), clause (7), shall be considered.
(b) A participant who received TANF assistance that counted
towards the federal 60-month time limit while the participant
met the state time limit exemption criteria under section
256J.42, subdivision 4 or 5, is eligible for assistance under a
hardship extension for a period of time equal to the number of
months that were counted toward the federal 60-month time limit
while the participant met the state time limit exemption
criteria under section 256J.42, subdivision 4 or 5.
(c) A participant who received TANF assistance that counted
towards the federal 60-month time limit while the participant
was exempt under section 256J.56, paragraph (a), clause (3),
from employment and training services requirements, who
demonstrates at the time of the case review required under
section 256J.42, subdivision 6, that the participant met the
exemption criteria under section 256J.56, paragraph (a), clause
(7), during one or more months the participant was exempt under
section 256J.56, paragraph (a), clause (3), before or after July
1, 2002, is eligible for assistance under a hardship extension
for a period of time equal to the number of months that were
counted toward the federal 60-month time limit during the time
the participant met the criteria under section 256J.56,
paragraph (a), clause (7) After the accrued months have been
exhausted, the county agency must determine if the assistance
unit is eligible for an extension under another extension
category in section 256J.425, subdivision 2, 3, or 4.
(d) At the time of the case review, a county agency must
explain to the participant the basis for receiving a hardship
extension based on the accrual of exempt months. The
participant must provide documentation necessary to enable the
county agency to determine whether the participant is eligible
to receive a hardship extension based on the accrual of exempt
months or authorize a county agency to verify the information.
(e) While receiving extended MFIP assistance under this
subdivision, a participant is subject to the MFIP policies that
apply to participants during the first 60 months of MFIP, unless
the participant is a member of a two-parent family in which one
parent is extended under subdivision 3 or 4. For two-parent
families in which one parent is extended under subdivision 3 or
4, the sanction provisions in subdivision 6, shall apply.
Sec. 42. Minnesota Statutes 2003 Supplement, 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.521 to 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 (c), clause (1). For a second or third occurrence of
noncompliance, the assistance unit must be sanctioned under
section 256J.46, subdivision 1, paragraph (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.
(c) When a parent in an extended two-parent assistance unit
who has not used 60 months of assistance is out of compliance
with the employment and training service requirements in
sections 256J.521 to 256J.57, sanctions must be applied as
specified in clauses (1) and (2).
(1) If the assistance unit is receiving assistance under
subdivision 3 or 4, the assistance unit is subject to the
sanction policy in this subdivision.
(2) If the assistance unit is receiving assistance under
subdivision 2, the assistance unit is subject to the sanction
policy in section 256J.46.
(d) If a two-parent assistance unit is extended under
subdivision 3 or 4, and a parent who has not reached the
60-month time limit is out of compliance with the employment and
training services requirements in sections 256J.521 to 256J.57
when the case is extended, the sanction in the 61st month is
considered the first sanction for the purposes of applying the
sanctions in this subdivision, except that the sanction amount
shall be 30 percent.
Sec. 43. Minnesota Statutes 2003 Supplement, 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 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 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.515 to 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. If both participants in a two-parent assistance
unit are out of compliance at the same time, it is considered
one occurrence of noncompliance.
(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, third, fourth, fifth, or sixth occurrence
of noncompliance by a participant in an assistance unit, 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 to
determine if the employment plan is still appropriate.
(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, and redetermine the family's continued eligibility for
food support payments. The MFIP 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
(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 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.
(3) 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 July
1, 2003, 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), 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. 44. Minnesota Statutes 2003 Supplement, 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
service agreement submitted under section 256J.626, subdivision
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 service agreement
submitted under section 256J.626, subdivision 4; or
(3) (2) a county agency, if the county has opted to provide
employment and training services and the county has indicated
that fact in the service agreement submitted under section
256J.626, subdivision 4.
Notwithstanding section 268.871, an employment and training
services provider meeting this definition may deliver employment
and training services under this chapter.
Sec. 45. Minnesota Statutes 2003 Supplement, section
256J.515, is amended to read:
256J.515 [OVERVIEW OF EMPLOYMENT AND TRAINING SERVICES.]
During the first meeting with participants, job counselors
must ensure that an overview of employment and training services
is provided that:
(1) stresses the necessity and opportunity of immediate
employment;
(2) outlines the job search resources offered;
(3) outlines education or training opportunities available;
(4) describes the range of work activities, including
activities under section 256J.49, subdivision 13, clause (18),
that are allowable under MFIP to meet the individual needs of
participants;
(5) explains the requirements to comply with an employment
plan;
(6) explains the consequences for failing to comply;
(7) explains the services that are available to support job
search and work and education; and
(8) provides referral information about shelters and
programs for victims of family violence, and the time limit
exemption, and waivers of regular employment and training
requirements for family violence victims.
Failure to attend the overview of employment and training
services without good cause results in the imposition of a
sanction under section 256J.46.
An applicant who requests and qualifies for a family
violence waiver is exempt from attending a group overview.
Information usually presented in an overview must be covered
during the development of an employment plan under section
256J.521, subdivision 3.
Sec. 46. Minnesota Statutes 2003 Supplement, section
256J.521, subdivision 1, is amended to read:
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 or 3,
as appropriate, and to determine whether the participant
qualifies for a family violence waiver including an employment
plan under subdivision 3.
(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.
Sec. 47. Minnesota Statutes 2003 Supplement, section
256J.521, subdivision 2, is amended to read:
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.
Notwithstanding this order of preference for activities,
priority must be given for activities related to a family
violence waiver when developing the employment plan. 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.
Sec. 48. Minnesota Statutes 2003 Supplement, section
256J.53, subdivision 2, is amended to read:
Subd. 2. [APPROVAL OF POSTSECONDARY EDUCATION OR
TRAINING.] (a) In order for a postsecondary education or
training program to be an approved activity in an employment
plan, the participant must 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 employment 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 does not apply 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. A participant whose case is
subsequently closed for three months or less for reasons other
than noncompliance with program requirements and who return to
MFIP 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. 49. Minnesota Statutes 2003 Supplement, section
256J.56, is amended to read:
256J.56 [EMPLOYMENT AND TRAINING SERVICES COMPONENT;
EXEMPTIONS.]
(a) An MFIP Paragraphs (b) and (c) apply only to an MFIP
participant who was exempt from participating in employment
services as of June 30, 2004, has not been required to develop
an employment plan under section 256J.561, and continues to
qualify for an exemption under this section. All exemptions
under this section expire at the time of the participant's
recertification. No new exemptions shall be granted under this
section after June 30, 2004.
(b) A participant is exempt from the requirements of
sections 256J.515 to 256J.57 if the participant belongs
continues to belong to any of the following groups:
(1) participants who are age 60 or older;
(2) participants who are suffering from a 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
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 the illness, injury, 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 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 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 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 employment plan under section
256J.521, subdivision 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 (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) (c) 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.55, subdivision 1,
do not apply to exempt participants who volunteer to participate.
(c) (d) This section expires on June 30, 2004 2005.
Sec. 50. Minnesota Statutes 2003 Supplement, section
256J.57, subdivision 1, is amended to read:
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.515 to
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 employment plan;
(5) the parental caregiver participant is unable to secure
necessary transportation;
(6) the parental caregiver participant is in an emergency
situation that prevents compliance with the employment plan;
(7) the schedule of compliance with the 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 participant 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 employment plan are not
available;
(12) the parental caregiver participant is willing to
accept suitable employment, but suitable employment is not
available; or
(13) the parental caregiver participant documents other
verifiable impediments to compliance with the employment plan
beyond the parental caregiver's participant'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).
Sec. 51. Minnesota Statutes 2003 Supplement, section
256J.626, subdivision 2, is amended to read:
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 allocation
under this section. The commissioner shall define
administrative costs for purposes of this subdivision.
Sec. 52. Minnesota Statutes 2003 Supplement, section
256J.626, subdivision 6, is amended to read:
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 Minnesota
Statutes 2002, section 256J.62, subdivision 1, in effect June
30, 2002;
(ii) bilingual employment and training services to refugees
under Minnesota Statutes 2002, section 256J.62, subdivision 6,
in effect June 30, 2002;
(iii) work literacy language programs under Minnesota
Statutes 2002, 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 Minnesota Statutes
2002, 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 With the commencement of a new or
expanded tribal TANF program or an agreement under section
256.01, subdivision 2, paragraph (g), in which some or all of
the responsibilities of particular counties under this section
are transferred to a tribe, the commissioner shall:
(1) in the case where all responsibilities under this
section are transferred to a tribal program, determine the
percentage of the county's current caseload that is transferring
to a tribal program and adjust the affected county's allocation
accordingly; and
(2) in the case where a portion of the responsibilities
under this section are transferred to a tribal program, the
commissioner shall consult with the affected county or counties
to determine an appropriate adjustment to the allocation.
(f) Effective January 1, 2005, counties and tribes will
have their final allocations adjusted based on the performance
provisions of subdivision 7.
Sec. 53. Minnesota Statutes 2003 Supplement, section
256J.626, subdivision 7, is amended to read:
Subd. 7. [PERFORMANCE BASE FUNDS.] (a) Beginning calendar
year 2005, 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) for calendar year 2005, a county or tribe that achieves
a 50 30 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) for calendar year 2006, a county or tribe that achieves
a 40 percent rate or a five percentage point improvement over
the previous year's 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
(3) for calendar year 2007, a county or tribe that achieves
a 50 percent rate or a five percentage point improvement over
the previous year's 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
(4) for calendar year 2008 and yearly thereafter, a county
or tribe that achieves a 50 percent 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
(5) for calendar years 2005 and thereafter, 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) (6) for calendar years 2005 and thereafter, 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).
Sec. 54. Minnesota Statutes 2003 Supplement, 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 104-193;
(5) median placement wage rate;
(6) caseload by months of TANF assistance;
(7) percent of MFIP and diversionary work program (DWP)
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
baseline 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 and
DWP 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. 55. Minnesota Statutes 2003 Supplement, section
256J.95, subdivision 1, is amended to read:
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 consecutive 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 four consecutive months, 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.
Sec. 56. Minnesota Statutes 2003 Supplement, section
256J.95, subdivision 3, is amended to read:
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 an 18 or 19 years of age year-old caregiver
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 caregiver who received DWP
benefits within a 12-month period as defined in subdivision 1,
paragraph (d) in the 12 months prior to the month the family
applied for DWP, except as provided in paragraph (c); and
(7) family units with a parent caregiver who received MFIP
within the past 12 months prior to the month the family unit
applied for DWP;
(8) a family unit with a caregiver who received 60 or more
months of TANF assistance; and
(9) a family unit with a caregiver who is disqualified from
DWP or MFIP due to fraud.
(b) A two-parent family must participate in DWP unless both
parents caregivers 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), (8), or (9).
(c) Once DWP eligibility is determined, the four months run
consecutively. If a participant leaves the program for any
reason and reapplies during the four-month period, the county
must redetermine eligibility for DWP.
Sec. 57. Minnesota Statutes 2003 Supplement, section
256J.95, subdivision 11, is amended to read:
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 is a victim of family violence
waiver shall be allowed to develop an employment plan under
section 256J.521, subdivision 3. A claim of family violence
must be documented by the applicant or participant by providing
a sworn statement which is supported by collateral documentation
in section 256J.545, paragraph (b).
(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.
Sec. 58. Minnesota Statutes 2003 Supplement, section
256J.95, subdivision 12, is amended to read:
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 or adult meeting the
special medical criteria in section 256J.425 256J.561,
subdivision 2, paragraph (d), 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 SSDI.
(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.
Sec. 59. Minnesota Statutes 2003 Supplement, section
256J.95, subdivision 19, is amended to read:
Subd. 19. [RECOVERY OF DWP OVERPAYMENTS AND
UNDERPAYMENTS.] When DWP benefits are subject to overpayments
and underpayments. Anytime an overpayment or an ATM error
underpayment is determined for DWP, the overpayment correction
shall be recouped or calculated using prospective budgeting.
Corrections shall be determined based on the policy in section
256J.34, subdivision 1, paragraphs (a), (b), and (c), and
subdivision 3, paragraph (b), clause (1). ATM errors must be
recovered as specified in section 256J.38, subdivision 5. DWP
overpayments are not subject to cross program recoupment.
Sec. 60. Laws 1997, chapter 245, article 2, section 11, as
amended by Laws 2003, First Special Session chapter 14, article
10, section 7, is amended to read:
Sec. 11. [FEDERAL FUNDS FOR VISITATION AND ACCESS.]
The commissioner of human services may shall apply for and
accept on behalf of the state any federal funding received under
Public Law Number 104-193 for access and visitation programs,
and must administer the funds for the activities allowed under
federal law. The commissioner may distribute the funds on a
competitive basis and shall transfer these funds in three equal
amounts to the FATHER Project of Goodwill/Easter Seals
Minnesota, the Hennepin County African American Men Project, and
the Minnesota Fathers & Families Network for use of the
activities allowed under federal law. These programs must
monitor, evaluate, and report on the access and visitation
programs in accordance with any applicable regulations.
Sec. 61. [TEMPORARY INELIGIBILITY OF MILITARY PERSONNEL.]
Counties must reserve a family's position under the child
care assistance fund if a family has been receiving child care
assistance but is temporarily ineligible for assistance due to
increased income from active military service. Activated
military personnel may be temporarily ineligible until
deactivated. A county must reserve a military family's position
on the basic sliding fee waiting list under the child care
assistance fund if a family is approved to receive child care
assistance and reaches the top of the waiting list but is
temporarily ineligible for assistance.
Sec. 62. [REPEALER.]
(a) Minnesota Statutes 2002, sections 119B.211 and
256D.051, subdivision 17, are repealed.
(b) Laws 2000, chapter 489, article 1, section 36, is
repealed.
ARTICLE 5
LONG-TERM CARE
Section 1. Minnesota Statutes 2002, section 198.261, is
amended to read:
198.261 [CANTEEN AND, COFFEE SHOP, AND WOOD SHOP.]
Any profits derived from the operation of canteens and,
coffee shops, and wood shops at the Minnesota veterans homes
shall be used by the board only for the direct benefit of the
residents of the homes.
Sec. 2. Minnesota Statutes 2003 Supplement, 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. 3. Minnesota Statutes 2002, section 256B.0625, is
amended by adding a subdivision to read:
Subd. 2a. [SKILLED NURSING FACILITY AND HOSPICE SERVICES
FOR DUAL ELIGIBLES.] Medical assistance covers skilled nursing
facility services for individuals eligible for both medical
assistance and Medicare who have waived the Medicare skilled
nursing facility room and board benefit and have enrolled in the
Medicare hospice program. Medical assistance covers skilled
nursing facility services regardless of whether an individual
enrolled in the Medicare hospice program prior to, on, or after
the date of the hospitalization that qualified the individual
for Medicare skilled nursing facility services.
Sec. 4. Minnesota Statutes 2002, section 256B.0911,
subdivision 4a, is amended to read:
Subd. 4a. [PREADMISSION SCREENING ACTIVITIES RELATED TO
NURSING FACILITY ADMISSIONS.] (a) All applicants to Medicaid
certified nursing facilities, including certified boarding care
facilities, must be screened prior to admission regardless of
income, assets, or funding sources for nursing facility care,
except as described in subdivision 4b. The purpose of the
screening is to determine the need for nursing facility level of
care as described in paragraph (d) and to complete activities
required under federal law related to mental illness and mental
retardation as outlined in paragraph (b).
(b) A person who has a diagnosis or possible diagnosis of
mental illness, mental retardation, or a related condition must
receive a preadmission screening before admission regardless of
the exemptions outlined in subdivision 4b, paragraph (b), to
identify the need for further evaluation and specialized
services, unless the admission prior to screening is authorized
by the local mental health authority or the local developmental
disabilities case manager, or unless authorized by the county
agency according to Public Law 100-508 101-508.
The following criteria apply to the preadmission screening:
(1) the county must use forms and criteria developed by the
commissioner to identify persons who require referral for
further evaluation and determination of the need for specialized
services; and
(2) the evaluation and determination of the need for
specialized services must be done by:
(i) a qualified independent mental health professional, for
persons with a primary or secondary diagnosis of a serious
mental illness; or
(ii) a qualified mental retardation professional, for
persons with a primary or secondary diagnosis of mental
retardation or related conditions. For purposes of this
requirement, a qualified mental retardation professional must
meet the standards for a qualified mental retardation
professional under Code of Federal Regulations, title 42,
section 483.430.
(c) The local county mental health authority or the state
mental retardation authority under Public Law Numbers 100-203
and 101-508 may prohibit admission to a nursing facility if the
individual does not meet the nursing facility level of care
criteria or needs specialized services as defined in Public Law
Numbers 100-203 and 101-508. For purposes of this section,
"specialized services" for a person with mental retardation or a
related condition means active treatment as that term is defined
under Code of Federal Regulations, title 42, section 483.440
(a)(1).
(d) The determination of the need for nursing facility
level of care must be made according to criteria developed by
the commissioner. In assessing a person's needs, consultation
team members shall have a physician available for consultation
and shall consider the assessment of the individual's attending
physician, if any. The individual's physician must be included
if the physician chooses to participate. Other personnel may be
included on the team as deemed appropriate by the county.
Sec. 5. Minnesota Statutes 2003 Supplement, section
256B.0915, subdivision 3a, is amended to read:
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 rate increase or any legislatively adopted the
average statewide percent rate percentage increase for in
nursing facilities facility payment rates.
(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 (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
(a).
Sec. 6. Minnesota Statutes 2003 Supplement, section
256B.0915, subdivision 3b, is amended to read:
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 rate increase or any
subsequent legislatively adopted the average statewide
percentage rate increase for in nursing facilities facility
payment rates. The limit under this 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.
Sec. 7. Minnesota Statutes 2003 Supplement, 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;
(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;
(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
(4) payments under this 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 or
was in the process of closing.
Sec. 8. Minnesota Statutes 2002, section 256B.431, is
amended by adding a subdivision to read:
Subd. 40. [DESIGNATION OF AREAS TO RECEIVE METROPOLITAN
RATES.] (a) For rate years beginning on or after July 1, 2004,
and subject to paragraph (b), nursing facilities located in
areas designated as metropolitan areas by the federal Office of
Management and Budget using census bureau data shall be
considered metro, in order to:
(1) determine rate increases under this section, section
256B.434, or any other section; and
(2) establish nursing facility reimbursement rates for the
new nursing facility reimbursement system developed under Laws
2001, First Special Session chapter 9, article 5, section 35, as
amended by Laws 2002, chapter 220, article 14, section 19.
(b) Paragraph (a) applies only if designation as a metro
facility results in a level of reimbursement that is higher than
the level the facility would have received without application
of that paragraph.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 9. Minnesota Statutes 2003 Supplement, section
256B.69, subdivision 6b, is amended to read:
Subd. 6b. [HOME AND COMMUNITY-BASED WAIVER SERVICES.] (a)
For individuals enrolled in the Minnesota senior health options
project authorized under subdivision 23, elderly waiver services
shall be covered according to the terms and conditions of the
federal agreement governing that demonstration project.
(b) For individuals under age 65 enrolled in demonstrations
authorized under subdivision 23, home and community-based waiver
services shall be covered according to the terms and conditions
of the federal agreement governing that demonstration project.
(c) The commissioner of human services shall issue requests
for proposals for collaborative service models between counties
and managed care organizations to integrate the home and
community-based elderly waiver services and additional nursing
home services into the prepaid medical assistance program.
(d) Notwithstanding Minnesota Rules, part 9500.1457,
subpart 1, item C, elderly waiver services shall be covered
statewide no sooner than July 1, 2006, under the prepaid medical
assistance program for all individuals who are eligible
according to section 256B.0915. The commissioner may develop a
schedule to phase in implementation of these waiver services,
including collaborative service models under paragraph (c). The
commissioner shall phase in implementation beginning with those
counties participating under section 256B.692, and those
counties where a viable collaborative service model has been
developed. In consultation with counties and all managed care
organizations that have expressed an interest in participating
in collaborative service models, the commissioner shall evaluate
the models. The commissioner shall consider the evaluation in
selecting the most appropriate models for statewide
implementation.
ARTICLE 6
HEALTH CARE
Section 1. Minnesota Statutes 2002, section 13.3806, is
amended by adding a subdivision to read:
Subd. 4a. [BIRTH DEFECTS INFORMATION SYSTEM.] Information
collected for the birth defects information system is governed
by section 144.2217.
[EFFECTIVE DATE.] This section is effective upon receipt of
a federal grant to establish a birth defects information system.
Sec. 2. Minnesota Statutes 2002, section 62A.30,
subdivision 2, is amended to read:
Subd. 2. [REQUIRED COVERAGE.] Every policy, plan,
certificate, or contract referred to in subdivision 1 issued or
renewed after August 1, 1988, that provides coverage to a
Minnesota resident must provide coverage for routine screening
procedures for cancer, including mammograms, surveillance tests
for ovarian cancer for women who are at risk for ovarian cancer
as defined in subdivision 3, and pap smears, when ordered or
provided by a physician in accordance with the standard practice
of medicine.
Sec. 3. Minnesota Statutes 2002, section 62A.30, is
amended by adding a subdivision to read:
Subd. 3. [OVARIAN CANCER SURVEILLANCE TESTS.] For purposes
of subdivision 2:
(a) "At risk for ovarian cancer" means:
(1) having a family history:
(i) with one or more first or second degree relatives with
ovarian cancer;
(ii) of clusters of women relatives with breast cancer; or
(iii) of nonpolyposis colorectal cancer; or
(2) testing positive for BRCA1 or BRCA2 mutations.
(b) "Surveillance tests for ovarian cancer" means annual
screening using:
(1) CA-125 serum tumor marker testing;
(2) transvaginal ultrasound;
(3) pelvic examination; or
(4) other proven ovarian cancer screening tests currently
being evaluated by the federal Food and Drug Administration or
by the National Cancer Institute.
Sec. 4. Minnesota Statutes 2002, section 62H.01, is
amended to read:
62H.01 [AUTHORITY TO JOINTLY SELF-INSURE.]
Any two or more employers, excluding the state and its
political subdivisions as described in section 471.617,
subdivision 1, who are authorized to transact business in
Minnesota may jointly self-insure employee health, dental,
short-term disability benefits, or other benefits permitted
under the Employee Retirement Income Security Act of 1974,
United States Code, title 29, sections 1001 et seq. If an
employer chooses to jointly self-insure in accordance with this
chapter, the employer must participate in the joint plan for at
least three consecutive years. If an employer terminates
participation in the joint plan before the conclusion of this
three-year period, a financial penalty may be assessed under the
joint plan, not to exceed the amount contributed by the employer
to the plan's reserves as determined under Minnesota Rules, part
2765.1200. Joint plans must have a minimum of 1,000 covered
employees enrollees and meet all conditions and terms of
sections 62H.01 to 62H.08. Joint plans covering employers not
resident in Minnesota must meet the requirements of sections
62H.01 to 62H.08 as if the portion of the plan covering
Minnesota resident employees was treated as a separate plan. A
plan may cover employees resident in other states only if the
plan complies with the applicable laws of that state.
A multiple employer welfare arrangement as defined in
United States Code, title 29, section 1002(40)(a), is subject to
this chapter to the extent authorized by the Employee Retirement
Income Security Act of 1974, United States Code, title 29,
sections 1001 et seq. The commissioner of commerce may, on
behalf of the state, enter into an agreement with the United
States Secretary of Labor for delegation to the state of some or
all of the secretary's enforcement authority with respect to
multiple employer welfare arrangements, as described in United
States Code, title 29, section 1136(c).
Sec. 5. Minnesota Statutes 2002, section 62H.02, is
amended to read:
62H.02 [REQUIRED PROVISIONS.]
A joint self-insurance plan must include aggregate excess
stop-loss coverage and individual excess stop-loss coverage
provided by an insurance company licensed by the state of
Minnesota. Aggregate excess stop-loss coverage must include
provisions to cover incurred, unpaid claim liability in the
event of plan termination. In addition, the plan of
self-insurance must have participating employers fund an amount
at least equal to the point at which the excess or stop-loss
insurer has contracted to assume 100 percent of additional
liability. A joint self-insurance plan must submit its proposed
excess or stop-loss insurance contract to the commissioner of
commerce at least 30 days prior to the proposed plan's effective
date and at least 30 days subsequent to any renewal date. The
commissioner shall review the contract to determine if they meet
the standards established by sections 62H.01 to 62H.08 and
respond within a 30-day period. Any excess or stop-loss
insurance plan must contain a provision that the excess or
stop-loss insurer will give the plan and the commissioner of
commerce a minimum of 180 days' notice of termination or
nonrenewal. If the plan fails to secure replacement coverage
within 60 days after receipt of the notice of cancellation or
nonrenewal, the commissioner shall issue an order providing for
the orderly termination of the plan. The commissioner may waive
the requirements of this section and of any rule relating to the
requirements of this section, if the commissioner determines
that a joint self-insurance plan has established alternative
arrangements that fully fund the plan's liability or incurred
but unpaid claims. The commissioner may not waive the
requirement that a joint self-insurance plan have excess
stop-loss coverage.
Sec. 6. Minnesota Statutes 2002, section 62H.04, is
amended to read:
62H.04 [COMPLIANCE WITH OTHER LAWS.]
(a) A joint self-insurance plan is subject to the
requirements of chapters 62A, 62E, 62L, and 62Q, and sections
72A.17 to 72A.32 unless otherwise specifically exempt. A joint
self-insurance plan must pay assessments made by the Minnesota
Comprehensive Health Association, as required under section
62E.11.
(b) A joint self-insurance plan is exempt from providing
the mandated health benefits described in chapters 62A, 62E,
62L, and 62Q if it otherwise provides the benefits required
under the Employee Retirement Income Security Act of 1974,
United States Code, title 29, sections 1001, et seq., for all
employers and not just for the employers with 50 or more
employees who are covered by that federal law.
(c) A joint self-insurance plan is exempt from section
62L.03, subdivision 1, if the plan offers an annual open
enrollment period of no less than 15 days during which all
employers that qualify for membership may enter the plan without
preexisting condition limitations or exclusions except those
permitted under chapter 62L.
(d) A joint self-insurance plan is exempt from sections
62A.146, 62A.16, 62A.17, 62A.20, and 62A.21, 62A.65, subdivision
5, paragraph (b), and 62E.16 if the joint self-insurance plan
complies with the continuation requirements under the Employee
Retirement Income Security Act of 1974, United States Code,
title 29, sections 1001, et seq., for all employers and not just
for the employers with 20 or more employees who are covered by
that federal law.
(e) A joint self-insurance plan must provide to all
employers the maternity coverage required by federal law for
employers with 15 or more employees.
Sec. 7. Minnesota Statutes 2002, section 62J.23,
subdivision 2, is amended to read:
Subd. 2. [INTERIM RESTRICTIONS.] (a) From July 1, 1992,
until rules are adopted by the commissioner under this section,
the restrictions in the federal Medicare antikickback statutes
in section 1128B(b) of the Social Security Act, United States
Code, title 42, section 1320a-7b(b), and rules adopted under the
federal statutes, apply to all persons in the state, regardless
of whether the person participates in any state health care
program. The commissioner shall approve a transition plan
submitted to the commissioner by January 1, 1993, by a person
who is in violation of this section that provides a reasonable
time for the person to modify prohibited practices or divest
financial interests in other persons in order to come into
compliance with this section. Transition plans that identify
individuals are private data. Transition plans that do not
identify individuals are nonpublic data.
(b) Nothing in paragraph (a) shall be construed to prohibit
an individual from receiving a discount or other reduction in
price or a limited-time free supply or samples of a prescription
drug, medical supply, or medical equipment offered by a
pharmaceutical manufacturer, medical supply or device
manufacturer, health plan company, or pharmacy benefit manager,
so long as:
(1) the discount or reduction in price is provided to the
individual in connection with the purchase of a prescription
drug, medical supply, or medical equipment prescribed for that
individual;
(2) it otherwise complies with the requirements of state
and federal law applicable to enrollees of state and federal
public health care programs;
(3) the discount or reduction in price does not exceed the
amount paid directly by the individual for the prescription
drug, medical supply, or medical equipment; and
(4) the limited-time free supply or samples are provided by
a physician or pharmacist, as provided by the federal
Prescription Drug Marketing Act.
(c) No benefit, reward, remuneration, or incentive for
continued product use may be provided to an individual or an
individual's family by a pharmaceutical manufacturer, medical
supply or device manufacturer, or pharmacy benefit manager,
except that this prohibition does not apply to:
(1) activities permitted under paragraph (b);
(2) a pharmaceutical manufacturer, medical supply or device
manufacturer, health plan company, or pharmacy benefit manager
providing to a patient, at a discount or reduced price or free
of charge, ancillary products necessary for treatment of the
medical condition for which the prescription drug, medical
supply, or medical equipment was prescribed or provided; and
(3) a pharmaceutical manufacturer, medical supply or device
manufacturer, health plan company, or pharmacy benefit manager
providing to a patient a trinket or memento of insignificant
value.
(d) Nothing in this subdivision shall be construed to
prohibit a health plan company from offering a tiered formulary
with different co-payment or cost-sharing amounts for different
drugs.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 8. [62Q.37] [AUDITS CONDUCTED BY NATIONALLY
RECOGNIZED INDEPENDENT ORGANIZATION.]
Subdivision 1. [APPLICABILITY.] This section applies only
to (i) a nonprofit health service plan corporation operating
under chapter 62C; (ii) a health maintenance organization
operating under chapter 62D; (iii) a community integrated
service network operating under chapter 62N; and (iv) managed
care organizations operating under chapter 256B, 256D, or 256L.
Subd. 2. [DEFINITIONS.] For purposes of this section, the
following terms have the meanings given them.
(a) "Commissioner" means the commissioner of health for
purposes of regulating health maintenance organizations and
community integrated service networks, the commissioner of
commerce for purposes of regulating nonprofit health service
plan corporations, or the commissioner of human services for the
purpose of contracting with managed care organizations serving
persons enrolled in programs under chapter 256B, 256D, or 256L.
(b) "Health plan company" means (i) a nonprofit health
service plan corporation operating under chapter 62C; (ii) a
health maintenance organization operating under chapter 62D;
(iii) a community integrated service network operating under
chapter 62N; or (iv) a managed care organization operating under
chapter 256B, 256D, or 256L.
(c) "Nationally recognized independent organization" means
(i) an organization that sets specific national standards
governing health care quality assurance processes, utilization
review, provider credentialing, marketing, and other topics
covered by this chapter and other chapters and audits and
provides accreditation to those health plan companies that meet
those standards. The American Accreditation Health Care
Commission (URAC), the National Committee for Quality Assurance
(NCQA), and the Joint Commission on Accreditation of Healthcare
Organizations (JCAHO) are, at a minimum, defined as nationally
recognized independent organizations; and (ii) the Centers for
Medicare and Medicaid Services for purposes of reviews or audits
conducted of health plan companies under Part C of Title XVIII
of the Social Security Act or under section 1876 of the Social
Security Act.
(d) "Performance standard" means those standards relating
to quality management and improvement, access and availability
of service, utilization review, provider selection, provider
credentialing, marketing, member rights and responsibilities,
complaints, appeals, grievance systems, enrollee information and
materials, enrollment and disenrollment, subcontractual
relationships and delegation, confidentiality, continuity and
coordination of care, assurance of adequate capacity and
services, coverage and authorization of services, practice
guidelines, health information systems, and financial solvency.
Subd. 3. [AUDITS.] (a) The commissioner may conduct
routine audits and investigations as prescribed under the
commissioner's respective state authorizing statutes. If a
nationally recognized independent organization has conducted an
audit of the health plan company using audit procedures that are
comparable to or more stringent than the commissioner's audit
procedures:
(1) the commissioner may accept the independent audit and
require no further audit if the results of the independent audit
show that the performance standard being audited meets or
exceeds state standards;
(2) the commissioner may accept the independent audit and
limit further auditing if the results of the independent audit
show that the performance standard being audited partially meets
state standards;
(3) the health plan company must demonstrate to the
commissioner that the nationally recognized independent
organization that conducted the audit is qualified and that the
results of the audit demonstrate that the particular performance
standard partially or fully meets state standards; and
(4) if the commissioner has partially or fully accepted an
independent audit of the performance standard, the commissioner
may use the finding of a deficiency with regard to statutes or
rules by an independent audit as the basis for a targeted audit
or enforcement action.
(b) If a health plan company has formally delegated
activities that are required under either state law or contract
to another organization that has undergone an audit by a
nationally recognized independent organization, that health plan
company may use the nationally recognized accrediting body's
determination on its own behalf under this section.
Subd. 4. [DISCLOSURE OF NATIONAL STANDARDS AND
REPORTS.] The health plan company shall:
(1) request that the nationally recognized independent
organization provide to the commissioner a copy of the current
nationally recognized independent organization's standards upon
which the acceptable accreditation status has been granted; and
(2) provide the commissioner a copy of the most current
final audit report issued by the nationally recognized
independent organization.
Subd. 5. [ACCREDITATION NOT REQUIRED.] Nothing in this
section requires a health plan company to seek an acceptable
accreditation status from a nationally recognized independent
organization.
Subd. 6. [CONTINUED AUTHORITY.] Nothing in this section
precludes the commissioner from conducting audits and
investigations or requesting data as granted under the
commissioner's respective state authorizing statutes.
Subd. 7. [HUMAN SERVICES.] The commissioner of human
services shall implement this section in a manner that is
consistent with applicable federal laws and regulations.
Subd. 8. [CONFIDENTIALITY.] Any documents provided to the
commissioner related to the audit report that may be accepted
under this section are private data on individuals pursuant to
chapter 13 and may only be released as permitted under section
60A.03, subdivision 9.
Sec. 9. Minnesota Statutes 2002, section 62T.02, is
amended by adding a subdivision to read:
Subd. 3. [SEASONAL EMPLOYEES.] A purchasing alliance may
define eligible employees to include seasonal employees. For
purposes of this chapter, "seasonal employee" means an employee
who is employed on a full-time basis for at least six months
during the calendar year and is unemployed for no longer than
four months during the calendar year. If seasonal employees are
included:
(1) the alliance must not show bias in the selection of
members based on the percentage of seasonal employees employed
by an employer member;
(2) prior to issuance or renewal, the employer must inform
the alliance that it will include seasonal employees;
(3) the employer must cover seasonal employees for the
entire term of its plan year; and
(4) the purchasing alliance may require an employer-member
contribution of at least 50 percent of the cost of employee
coverage during the months the seasonal employee is unemployed.
Sec. 10. Minnesota Statutes 2003 Supplement, section
128C.05, subdivision 1a, is amended to read:
Subd. 1a. [SUPERVISED COMPETITIVE HIGH SCHOOL DIVING.]
Notwithstanding Minnesota Rules, part 4717.3750, any pool built
before January 1, 1987, that was used for a one-meter board high
school diving program during the 2000-2001 school year may be
used for supervised competitive one-meter board high school
diving unless a pool that meets the requirements of Minnesota
Rules, part 4717.3750, is located within the school district. A
school or district using a pool for supervised training practice
for competitive high school diving that does not meet the
requirements of the rule Minnesota Rules, part 4717.3750, must
provide appropriate notice to parents and participants as to the
type of variance from Minnesota Rules and risk it may present.
Sec. 11. Minnesota Statutes 2002, section 144.2215, is
amended to read:
144.2215 [MINNESOTA BIRTH DEFECTS REGISTRY INFORMATION
SYSTEM.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of health
shall develop a statewide birth defects registry system to
provide for the collection, analysis, and dissemination of birth
defects information establish and maintain an information system
containing data on the cause, treatment, prevention, and cure of
major birth defects. The commissioner shall consult with
representatives and experts in epidemiology, medicine,
insurance, health maintenance organizations, genetics,
consumers, and voluntary organizations in developing the system
and may phase in the implementation of the system.
Subd. 2. [DUTIES OF COMMISSIONER.] The commissioner of
health shall design a system that allows the commissioner to:
(1) monitor incidence trends of birth defects to detect
potential public health problems, predict risks, and assist in
responding to birth defects clusters;
(2) more accurately target intervention, prevention, and
services for communities, patients, and their families;
(3) inform health professionals and citizens of the
prevalence of and risks for birth defects;
(4) conduct scientific investigation and surveys of the
causes, mortality, methods of treatment, prevention, and cure
for birth defects;
(5) modify, as necessary, the birth defects information
system through demonstration projects;
(6) remove identifying information about a child whose
parent or legal guardian has chosen not to participate in the
system as permitted by section 144.2216, subdivision 4;
(7) protect the individually identifiable information as
required by section 144.2217;
(8) limit the dissemination of identifying information as
required by sections 144.2218 and 144.2219; and
(9) use the birth defects coding scheme defined by the
Centers for Disease Control and Prevention (CDC) of the United
States Public Health Service.
[EFFECTIVE DATE.] This section is effective upon receipt of
a federal grant to establish a birth defects information system.
Sec. 12. [144.2216] [BIRTH DEFECTS RECORDS AND REPORTS
REQUIRED.]
Subdivision 1. [HOSPITALS AND SIMILAR INSTITUTIONS.] With
the informed consent of a parent or guardian, as provided in
subdivision 4, a hospital, medical clinic, medical laboratory,
or other institution for the hospitalization, clinical or
laboratory diagnosis, or care of human beings shall provide the
commissioner of health with access to information on each birth
defect case in the manner and at the times that the commissioner
designates.
Subd. 2. [OTHER INFORMATION REPOSITORIES.] With the
informed consent of a parent or guardian, as provided in
subdivision 4, other repositories of information on the
diagnosis or care of infants may provide the commissioner with
access to information on each case of birth defects in the
manner and at the times that the commissioner designates.
Subd. 3. [REPORTING WITHOUT LIABILITY.] Furnishing
information in good faith in compliance with this section does
not subject the person, hospital, medical clinic, medical
laboratory, data repository, or other institution furnishing the
information to any action for damages or relief.
Subd. 4. [OPT OUT.] A parent or legal guardian must be
informed by the commissioner at the time of the initial data
collection that they may request removal at any time of personal
identifying information concerning a child from the birth
defects information system using a written form prescribed by
the commissioner. The commissioner shall advise parents or
legal guardians of infants:
(1) that the information on birth defects may be retained
by the Department of Health;
(2) the benefit of retaining birth defects records;
(3) that they may elect to have the birth defects
information collected once, within one year of birth, but to
require that all personally identifying information be destroyed
immediately upon the commissioner receiving the information.
If the parents of an infant object in writing to the maintaining
of birth defects information, the objection or election shall be
recorded on a form that is signed by a parent or legal guardian
and submitted to the commissioner of health; and
(4) that if the parent or legal guardian chooses to
opt-out, the commissioner will not be able to inform the parent
or legal guardian of a child of information related to the
prevention, treatment, or cause of a particular birth defect.
[EFFECTIVE DATE.] This section is effective upon receipt of
a federal grant to establish a birth defects information system.
Sec. 13. [144.2217] [CLASSIFICATION OF BIRTH DEFECTS
INFORMATION.]
Information collected on individuals for the birth defects
information system are private data on individuals as defined in
section 13.02, subdivision 12, and may only be used for the
purposes in sections 144.2215 to 144.2219. Any disclosure other
than one provided for in sections 144.2215 to 144.2219 is a
misdemeanor.
[EFFECTIVE DATE.] This section is effective upon receipt of
a federal grant to establish a birth defects information system.
Sec. 14. [144.2218] [TRANSFERS OF INFORMATION TO OTHER
GOVERNMENT AGENCIES.]
Information collected by the birth defects information
system may be disseminated to a state or local government agency
in Minnesota or another state solely for purposes consistent
with sections 144.2215 to 144.2219, provided that the state or
local government agency agrees to maintain the classification of
the information as provided under section 144.2217. Information
collected by other states consistent with sections 144.2215 to
144.2219 may be received by the commissioner of health and must
be maintained according to section 144.2217.
[EFFECTIVE DATE.] This section is effective upon receipt of
a federal grant to establish a birth defects information system.
Sec. 15. [144.2219] [TRANSFERS OF INFORMATION TO RESEARCH
ENTITIES.]
Information from the birth defects information system that
does not contain identifying information may be shared with
research entities upon request for studies approved by the
commissioner and appropriate institutional review boards. For
studies approved by the commissioner that require identifying
information about a child or a parent or legal guardian of the
child, the commissioner shall contact the parent or legal
guardian to obtain informed consent to share identifying
information with the research entity. Notwithstanding section
144.335, subdivision 3a, paragraph (d), the parent or legal
guardian must provide informed consent before the information
may be shared. The commissioner must collect all reasonable
costs of locating and obtaining consent from the research entity.
[EFFECTIVE DATE.] This section is effective upon receipt of
a federal grant to establish a birth defects information system.
Sec. 16. Minnesota Statutes 2002, section 145C.01,
subdivision 7, is amended to read:
Subd. 7. [HEALTH CARE FACILITY.] "Health care facility"
means a hospital or other entity licensed under sections 144.50
to 144.58, a nursing home licensed to serve adults under section
144A.02, a home care provider licensed under sections 144A.43 to
144A.47, an adult foster care provider licensed under chapter
245A and Minnesota Rules, parts 9555.5105 to 9555.6265, or a
hospice provider licensed under sections 144A.75 to 144A.755.
Sec. 17. Minnesota Statutes 2003 Supplement, section
256.01, subdivision 2, is amended to read:
Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of
section 241.021, subdivision 2, the commissioner of human
services shall carry out the specific duties in paragraphs (a)
through (aa):
(1) (a) Administer and supervise all forms of public
assistance provided for by state law and other welfare
activities or services as are vested in the commissioner.
Administration and supervision of human services activities or
services includes, but is not limited to, assuring timely and
accurate distribution of benefits, completeness of service, and
quality program management. In addition to administering and
supervising human services activities vested by law in the
department, the commissioner shall have the authority to:
(a) (1) require county agency participation in training and
technical assistance programs to promote compliance with
statutes, rules, federal laws, regulations, and policies
governing human services;
(b) (2) monitor, on an ongoing basis, the performance of
county agencies in the operation and administration of human
services, enforce compliance with statutes, rules, federal laws,
regulations, and policies governing welfare services and promote
excellence of administration and program operation;
(c) (3) develop a quality control program or other
monitoring program to review county performance and accuracy of
benefit determinations;
(d) (4) require county agencies to make an adjustment to
the public assistance benefits issued to any individual
consistent with federal law and regulation and state law and
rule and to issue or recover benefits as appropriate;
(e) (5) delay or deny payment of all or part of the state
and federal share of benefits and administrative reimbursement
according to the procedures set forth in section 256.017;
(f) (6) make contracts with and grants to public and
private agencies and organizations, both profit and nonprofit,
and individuals, using appropriated funds; and
(g) (7) enter into contractual agreements with federally
recognized Indian tribes with a reservation in Minnesota to the
extent necessary for the tribe to operate a federally approved
family assistance program or any other program under the
supervision of the commissioner. The commissioner shall consult
with the affected county or counties in the contractual
agreement negotiations, if the county or counties wish to be
included, in order to avoid the duplication of county and tribal
assistance program services. The commissioner may establish
necessary accounts for the purposes of receiving and disbursing
funds as necessary for the operation of the programs.
(2) (b) Inform county agencies, on a timely basis, of
changes in statute, rule, federal law, regulation, and policy
necessary to county agency administration of the programs.
(3) (c) Administer and supervise all child welfare
activities; promote the enforcement of laws protecting
handicapped, dependent, neglected and delinquent children, and
children born to mothers who were not married to the children's
fathers at the times of the conception nor at the births of the
children; license and supervise child-caring and child-placing
agencies and institutions; supervise the care of children in
boarding and foster homes or in private institutions; and
generally perform all functions relating to the field of child
welfare now vested in the State Board of Control.
(4) (d) Administer and supervise all noninstitutional
service to handicapped persons, including those who are visually
impaired, hearing impaired, or physically impaired or otherwise
handicapped. The commissioner may provide and contract for the
care and treatment of qualified indigent children in facilities
other than those located and available at state hospitals when
it is not feasible to provide the service in state hospitals.
(5) (e) Assist and actively cooperate with other
departments, agencies and institutions, local, state, and
federal, by performing services in conformity with the purposes
of Laws 1939, chapter 431.
(6) (f) Act as the agent of and cooperate with the federal
government in matters of mutual concern relative to and in
conformity with the provisions of Laws 1939, chapter 431,
including the administration of any federal funds granted to the
state to aid in the performance of any functions of the
commissioner as specified in Laws 1939, chapter 431, and
including the promulgation of rules making uniformly available
medical care benefits to all recipients of public assistance, at
such times as the federal government increases its participation
in assistance expenditures for medical care to recipients of
public assistance, the cost thereof to be borne in the same
proportion as are grants of aid to said recipients.
(7) (g) Establish and maintain any administrative units
reasonably necessary for the performance of administrative
functions common to all divisions of the department.
(8) (h) Act as designated guardian of both the estate and
the person of all the wards of the state of Minnesota, whether
by operation of law or by an order of court, without any further
act or proceeding whatever, except as to persons committed as
mentally retarded. For children under the guardianship of the
commissioner whose interests would be best served by adoptive
placement, the commissioner may contract with a licensed
child-placing agency or a Minnesota tribal social services
agency to provide adoption services. A contract with a licensed
child-placing agency must be designed to supplement existing
county efforts and may not replace existing county programs,
unless the replacement is agreed to by the county board and the
appropriate exclusive bargaining representative or the
commissioner has evidence that child placements of the county
continue to be substantially below that of other counties.
Funds encumbered and obligated under an agreement for a specific
child shall remain available until the terms of the agreement
are fulfilled or the agreement is terminated.
(9) (i) Act as coordinating referral and informational
center on requests for service for newly arrived immigrants
coming to Minnesota.
(10) (j) The specific enumeration of powers and duties as
hereinabove set forth shall in no way be construed to be a
limitation upon the general transfer of powers herein contained.
(11) (k) Establish county, regional, or statewide schedules
of maximum fees and charges which may be paid by county agencies
for medical, dental, surgical, hospital, nursing and nursing
home care and medicine and medical supplies under all programs
of medical care provided by the state and for congregate living
care under the income maintenance programs.
(12) (l) Have the authority to conduct and administer
experimental projects to test methods and procedures of
administering assistance and services to recipients or potential
recipients of public welfare. To carry out such experimental
projects, it is further provided that the commissioner of human
services is authorized to waive the enforcement of existing
specific statutory program requirements, rules, and standards in
one or more counties. The order establishing the waiver shall
provide alternative methods and procedures of administration,
shall not be in conflict with the basic purposes, coverage, or
benefits provided by law, and in no event shall the duration of
a project exceed four years. It is further provided that no
order establishing an experimental project as authorized by the
provisions of this section shall become effective until the
following conditions have been met:
(a) (1) the secretary of health and human services of the
United States has agreed, for the same project, to waive state
plan requirements relative to statewide uniformity.; and
(b) (2) a comprehensive plan, including estimated project
costs, shall be approved by the Legislative Advisory Commission
and filed with the commissioner of administration.
(13) (m) According to federal requirements, establish
procedures to be followed by local welfare boards in creating
citizen advisory committees, including procedures for selection
of committee members.
(14) (n) Allocate federal fiscal disallowances or sanctions
which are based on quality control error rates for the aid to
families with dependent children program formerly codified in
sections 256.72 to 256.87, medical assistance, or food stamp
program in the following manner:
(a) (1) one-half of the total amount of the disallowance
shall be borne by the county boards responsible for
administering the programs. For the medical assistance and the
AFDC program formerly codified in sections 256.72 to 256.87,
disallowances shall be shared by each county board in the same
proportion as that county's expenditures for the sanctioned
program are to the total of all counties' expenditures for the
AFDC program formerly codified in sections 256.72 to 256.87, and
medical assistance programs. For the food stamp program,
sanctions shall be shared by each county board, with 50 percent
of the sanction being distributed to each county in the same
proportion as that county's administrative costs for food stamps
are to the total of all food stamp administrative costs for all
counties, and 50 percent of the sanctions being distributed to
each county in the same proportion as that county's value of
food stamp benefits issued are to the total of all benefits
issued for all counties. Each county shall pay its share of the
disallowance to the state of Minnesota. When a county fails to
pay the amount due hereunder, the commissioner may deduct the
amount from reimbursement otherwise due the county, or the
attorney general, upon the request of the commissioner, may
institute civil action to recover the amount due.; and
(b) (2) notwithstanding the provisions of paragraph
(a) clause (1), if the disallowance results from knowing
noncompliance by one or more counties with a specific program
instruction, and that knowing noncompliance is a matter of
official county board record, the commissioner may require
payment or recover from the county or counties, in the manner
prescribed in paragraph (a) clause (1), an amount equal to the
portion of the total disallowance which resulted from the
noncompliance, and may distribute the balance of the
disallowance according to paragraph (a) clause (1).
(15) (o) Develop and implement special projects that
maximize reimbursements and result in the recovery of money to
the state. For the purpose of recovering state money, the
commissioner may enter into contracts with third parties. Any
recoveries that result from projects or contracts entered into
under this paragraph shall be deposited in the state treasury
and credited to a special account until the balance in the
account reaches $1,000,000. When the balance in the account
exceeds $1,000,000, the excess shall be transferred and credited
to the general fund. All money in the account is appropriated
to the commissioner for the purposes of this paragraph.
(16) (p) Have the authority to make direct payments to
facilities providing shelter to women and their children
according to section 256D.05, subdivision 3. Upon the written
request of a shelter facility that has been denied payments
under section 256D.05, subdivision 3, the commissioner shall
review all relevant evidence and make a determination within 30
days of the request for review regarding issuance of direct
payments to the shelter facility. Failure to act within 30 days
shall be considered a determination not to issue direct payments.
(17) (q) Have the authority to establish and enforce the
following county reporting requirements:
(a) (1) the commissioner shall establish fiscal and
statistical reporting requirements necessary to account for the
expenditure of funds allocated to counties for human services
programs. When establishing financial and statistical reporting
requirements, the commissioner shall evaluate all reports, in
consultation with the counties, to determine if the reports can
be simplified or the number of reports can be reduced.;
(b) (2) the county board shall submit monthly or quarterly
reports to the department as required by the commissioner.
Monthly reports are due no later than 15 working days after the
end of the month. Quarterly reports are due no later than 30
calendar days after the end of the quarter, unless the
commissioner determines that the deadline must be shortened to
20 calendar days to avoid jeopardizing compliance with federal
deadlines or risking a loss of federal funding. Only reports
that are complete, legible, and in the required format shall be
accepted by the commissioner.;
(c) (3) if the required reports are not received by the
deadlines established in clause (b) (2), the commissioner may
delay payments and withhold funds from the county board until
the next reporting period. When the report is needed to account
for the use of federal funds and the late report results in a
reduction in federal funding, the commissioner shall withhold
from the county boards with late reports an amount equal to the
reduction in federal funding until full federal funding is
received.;
(d) (4) a county board that submits reports that are late,
illegible, incomplete, or not in the required format for two out
of three consecutive reporting periods is considered
noncompliant. When a county board is found to be noncompliant,
the commissioner shall notify the county board of the reason the
county board is considered noncompliant and request that the
county board develop a corrective action plan stating how the
county board plans to correct the problem. The corrective
action plan must be submitted to the commissioner within 45 days
after the date the county board received notice of
noncompliance.;
(e) (5) the final deadline for fiscal reports or amendments
to fiscal reports is one year after the date the report was
originally due. If the commissioner does not receive a report
by the final deadline, the county board forfeits the funding
associated with the report for that reporting period and the
county board must repay any funds associated with the report
received for that reporting period.;
(f) (6) the commissioner may not delay payments, withhold
funds, or require repayment under paragraph (c) clause (3) or
(e) (5) if the county demonstrates that the commissioner failed
to provide appropriate forms, guidelines, and technical
assistance to enable the county to comply with the
requirements. If the county board disagrees with an action
taken by the commissioner under paragraph (c) clause (3) or
(e) (5), the county board may appeal the action according to
sections 14.57 to 14.69.; and
(g) (7) counties subject to withholding of funds under
paragraph (c) clause (3) or forfeiture or repayment of funds
under paragraph (e) clause (5) shall not reduce or withhold
benefits or services to clients to cover costs incurred due to
actions taken by the commissioner under paragraph (c) clause (3)
or (e) (5).
(18) (r) Allocate federal fiscal disallowances or sanctions
for audit exceptions when federal fiscal disallowances or
sanctions are based on a statewide random sample for the foster
care program under title IV-E of the Social Security Act, United
States Code, title 42, in direct proportion to each county's
title IV-E foster care maintenance claim for that period.
(19) (s) Be responsible for ensuring the detection,
prevention, investigation, and resolution of fraudulent
activities or behavior by applicants, recipients, and other
participants in the human services programs administered by the
department.
(20) (t) Require county agencies to identify overpayments,
establish claims, and utilize all available and cost-beneficial
methodologies to collect and recover these overpayments in the
human services programs administered by the department.
(21) (u) Have the authority to administer a drug rebate
program for drugs purchased pursuant to the prescription drug
program established under section 256.955 after the
beneficiary's satisfaction of any deductible established in the
program. The commissioner shall require a rebate agreement from
all manufacturers of covered drugs as defined in section
256B.0625, subdivision 13. Rebate agreements for prescription
drugs delivered on or after July 1, 2002, must include rebates
for individuals covered under the prescription drug program who
are under 65 years of age. For each drug, the amount of the
rebate shall be equal to the rebate as defined for purposes of
the federal rebate program in United States Code, title 42,
section 1396r-8(c)(1) 1396r-8. The manufacturers must provide
full payment within 30 days of receipt of the state invoice for
the rebate within the terms and conditions used for the federal
rebate program established pursuant to section 1927 of title XIX
of the Social Security Act. The manufacturers must provide the
commissioner with any information necessary to verify the rebate
determined per drug. The rebate program shall utilize the terms
and conditions used for the federal rebate program established
pursuant to section 1927 of title XIX of the Social Security Act.
(22) (v) Have the authority to administer the federal drug
rebate program for drugs purchased under the medical assistance
program as allowed by section 1927 of title XIX of the Social
Security Act and according to the terms and conditions of
section 1927. Rebates shall be collected for all drugs that
have been dispensed or administered in an outpatient setting and
that are from manufacturers who have signed a rebate agreement
with the United States Department of Health and Human Services.
(23) (w) Have the authority to administer a supplemental
drug rebate program for drugs purchased under the medical
assistance program. The commissioner may enter into
supplemental rebate contracts with pharmaceutical manufacturers
and may require prior authorization for drugs that are from
manufacturers that have not signed a supplemental rebate
contract. Prior authorization of drugs shall be subject to the
provisions of section 256B.0625, subdivision 13.
(24) (x) Operate the department's communication systems
account established in Laws 1993, First Special Session chapter
1, article 1, section 2, subdivision 2, to manage shared
communication costs necessary for the operation of the programs
the commissioner supervises. A communications account may also
be established for each regional treatment center which operates
communications systems. Each account must be used to manage
shared communication costs necessary for the operations of the
programs the commissioner supervises. The commissioner may
distribute the costs of operating and maintaining communication
systems to participants in a manner that reflects actual usage.
Costs may include acquisition, licensing, insurance,
maintenance, repair, staff time and other costs as determined by
the commissioner. Nonprofit organizations and state, county,
and local government agencies involved in the operation of
programs the commissioner supervises may participate in the use
of the department's communications technology and share in the
cost of operation. The commissioner may accept on behalf of the
state any gift, bequest, devise or personal property of any
kind, or money tendered to the state for any lawful purpose
pertaining to the communication activities of the department.
Any money received for this purpose must be deposited in the
department's communication systems accounts. Money collected by
the commissioner for the use of communication systems must be
deposited in the state communication systems account and is
appropriated to the commissioner for purposes of this section.
(25) (y) Receive any federal matching money that is made
available through the medical assistance program for the
consumer satisfaction survey. Any federal money received for
the survey is appropriated to the commissioner for this
purpose. The commissioner may expend the federal money received
for the consumer satisfaction survey in either year of the
biennium.
(26) (z) Designate community information and referral call
centers and Incorporate cost reimbursement claims from First
Call Minnesota and Greater Twin Cities United Way the designated
community information and referral call centers into the federal
cost reimbursement claiming processes of the department
according to federal law, rule, and regulations. Existing
information and referral centers provided by Greater Twin Cities
United Way or existing call centers for which Greater Twin
Cities United Way has legal authority to represent, shall be
included in these designations upon review by the commissioner
and assurance that these services are accredited and in
compliance with national standards. Any reimbursement received
is appropriated to the commissioner and all designated
information and referral centers shall be disbursed to First
Call Minnesota and Greater Twin receive payments Cities United
Way according to normal department payment schedules established
by the commissioner upon final approval of allocation
methodologies from the United States Department of Health and
Human Services Division of Cost Allocation or other appropriate
authorities.
(27) (aa) Develop recommended standards for foster care
homes that address the components of specialized therapeutic
services to be provided by foster care homes with those services.
Sec. 18. Minnesota Statutes 2002, section 256.955,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] (a) For purposes of this section,
the following definitions apply.
(b) "Health plan" has the meaning provided in section
62Q.01, subdivision 3.
(c) "Health plan company" has the meaning provided in
section 62Q.01, subdivision 4.
(d) "Qualified individual" means an individual who meets
the requirements described in subdivision 2a or 2b, and:
(1) who is not determined eligible for medical assistance
according to section 256B.0575, who is not determined eligible
for medical assistance or general assistance medical care
without a spenddown, or who is not enrolled in MinnesotaCare;
(2) is not enrolled in prescription drug coverage under a
health plan;
(3) is not enrolled in prescription drug coverage under a
Medicare supplement plan, as defined in sections 62A.31 to
62A.44, or policies, contracts, or certificates that supplement
Medicare issued by health maintenance organizations or those
policies, contracts, or certificates governed by section 1833 or
1876 of the federal Social Security Act, United States Code,
title 42, section 1395, et seq., as amended;
(4) has not had coverage described in clauses (2) and (3)
for at least four months prior to application for the program;
and
(5) is a permanent resident of Minnesota as defined in
section 256L.09.
Sec. 19. Minnesota Statutes 2003 Supplement, section
256.955, subdivision 2a, is amended to read:
Subd. 2a. [ELIGIBILITY.] An individual satisfying the
following requirements and the requirements described in
subdivision 2, paragraph (d), is eligible for the prescription
drug program:
(1) is at least 65 years of age or older; and
(2) is eligible as a qualified Medicare beneficiary
according to section 256B.057, subdivision 3 or 3a, or is
eligible under section 256B.057, subdivision 3 or 3a, and is
also eligible for medical assistance or general assistance
medical care with a spenddown as defined in section 256B.056,
subdivision 5.
Sec. 20. Minnesota Statutes 2002, section 256.955,
subdivision 2b, is amended to read:
Subd. 2b. [ELIGIBILITY.] Effective July 1, 2002, an
individual satisfying the following requirements and the
requirements described in subdivision 2, paragraph (d), is
eligible for the prescription drug program:
(1) is under 65 years of age; and
(2) is eligible as a qualified Medicare beneficiary
according to section 256B.057, subdivision 3 or 3a or is
eligible under section 256B.057, subdivision 3 or 3a and is also
eligible for medical assistance or general assistance medical
care with a spenddown as defined in section 256B.056,
subdivision 5.
Sec. 21. Minnesota Statutes 2003 Supplement, section
256B.06, subdivision 4, is amended to read:
Subd. 4. [CITIZENSHIP REQUIREMENTS.] (a) Eligibility for
medical assistance is limited to citizens of the United States,
qualified noncitizens as defined in this subdivision, and other
persons residing lawfully in the United States.
(b) "Qualified noncitizen" means a person who meets one of
the following immigration criteria:
(1) admitted for lawful permanent residence according to
United States Code, title 8;
(2) admitted to the United States as a refugee according to
United States Code, title 8, section 1157;
(3) granted asylum according to United States Code, title
8, section 1158;
(4) granted withholding of deportation according to United
States Code, title 8, section 1253(h);
(5) paroled for a period of at least one year according to
United States Code, title 8, section 1182(d)(5);
(6) granted conditional entrant status according to United
States Code, title 8, section 1153(a)(7);
(7) determined to be a battered noncitizen by the United
States Attorney General according to the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996, title V of the
Omnibus Consolidated Appropriations Bill, Public Law 104-200;
(8) is a child of a noncitizen determined to be a battered
noncitizen by the United States Attorney General according to
the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996, title V, of the Omnibus Consolidated Appropriations
Bill, Public Law 104-200; or
(9) determined to be a Cuban or Haitian entrant as defined
in section 501(e) of Public Law 96-422, the Refugee Education
Assistance Act of 1980.
(c) All qualified noncitizens who were residing in the
United States before August 22, 1996, who otherwise meet the
eligibility requirements of this chapter, are eligible for
medical assistance with federal financial participation.
(d) All qualified noncitizens who entered the United States
on or after August 22, 1996, and who otherwise meet the
eligibility requirements of this chapter, are eligible for
medical assistance with federal financial participation through
November 30, 1996.
Beginning December 1, 1996, qualified noncitizens who
entered the United States on or after August 22, 1996, and who
otherwise meet the eligibility requirements of this chapter are
eligible for medical assistance with federal participation for
five years if they meet one of the following criteria:
(i) refugees admitted to the United States according to
United States Code, title 8, section 1157;
(ii) persons granted asylum according to United States
Code, title 8, section 1158;
(iii) persons granted withholding of deportation according
to United States Code, title 8, section 1253(h);
(iv) veterans of the United States armed forces with an
honorable discharge for a reason other than noncitizen status,
their spouses and unmarried minor dependent children; or
(v) persons on active duty in the United States armed
forces, other than for training, their spouses and unmarried
minor dependent children.
Beginning December 1, 1996, qualified noncitizens who do
not meet one of the criteria in items (i) to (v) are eligible
for medical assistance without federal financial participation
as described in paragraph (j).
(e) Noncitizens who are not qualified noncitizens as
defined in paragraph (b), who are lawfully residing in the
United States and who otherwise meet the eligibility
requirements of this chapter, are eligible for medical
assistance under clauses (1) to (3). These individuals must
cooperate with the Immigration and Naturalization Service to
pursue any applicable immigration status, including citizenship,
that would qualify them for medical assistance with federal
financial participation.
(1) Persons who were medical assistance recipients on
August 22, 1996, are eligible for medical assistance with
federal financial participation through December 31, 1996.
(2) Beginning January 1, 1997, persons described in clause
(1) are eligible for medical assistance without federal
financial participation as described in paragraph (j).
(3) Beginning December 1, 1996, persons residing in the
United States prior to August 22, 1996, who were not receiving
medical assistance and persons who arrived on or after August
22, 1996, are eligible for medical assistance without federal
financial participation as described in paragraph (j).
(f) Nonimmigrants who otherwise meet the eligibility
requirements of this chapter are eligible for the benefits as
provided in paragraphs (g) to (i). For purposes of this
subdivision, a "nonimmigrant" is a person in one of the classes
listed in United States Code, title 8, section 1101(a)(15).
(g) Payment shall also be made for care and services that
are furnished to noncitizens, regardless of immigration status,
who otherwise meet the eligibility requirements of this chapter,
if such care and services are necessary for the treatment of an
emergency medical condition, except for organ transplants and
related care and services and routine prenatal care.
(h) For purposes of this subdivision, the term "emergency
medical condition" means a medical condition that meets the
requirements of United States Code, title 42, section 1396b(v).
(i) Pregnant noncitizens who are undocumented or
nonimmigrants, who otherwise meet the eligibility requirements
of this chapter, are eligible for medical assistance payment
without federal financial participation for care and services
through the period of pregnancy, and 60 days postpartum, except
for labor and delivery.
(j) Qualified noncitizens as described in paragraph (d),
and all other noncitizens lawfully residing in the United States
as described in paragraph (e), who are ineligible for medical
assistance with federal financial participation and who
otherwise meet the eligibility requirements of chapter 256B and
of this paragraph, are eligible for medical assistance without
federal financial participation. Qualified noncitizens as
described in paragraph (d) are only eligible for medical
assistance without federal financial participation for five
years from their date of entry into the United States.
(k) Beginning October 1, 2003, persons who are receiving
care and rehabilitation services from a nonprofit center
established to serve victims of torture and are otherwise
ineligible for medical assistance under this chapter or general
assistance medical care under section 256D.03 are eligible for
medical assistance without federal financial participation.
These individuals are eligible only for the period during which
they are receiving services from the center. Individuals
eligible under this paragraph shall not be required to
participate in prepaid medical assistance.
Sec. 22. Minnesota Statutes 2003 Supplement, section
256B.0625, subdivision 9, is amended to read:
Subd. 9. [DENTAL SERVICES.] (a) Medical assistance covers
dental services. Dental services include, with prior
authorization, fixed bridges that are cost-effective for persons
who cannot use removable dentures because of their medical
condition.
(b) Coverage of dental services for adults age 21 and over
who are not pregnant is subject to a $500 annual benefit limit
and covered services are limited to:
(1) diagnostic and preventative services;
(2) basic restorative services; and
(3) emergency services.
Emergency services, dentures, and extractions related to
dentures are not included in the $500 annual benefit limit.
Sec. 23. Minnesota Statutes 2003 Supplement, section
256D.03, subdivision 3, is amended to read:
Subd. 3. [GENERAL ASSISTANCE MEDICAL CARE; ELIGIBILITY.]
(a) General assistance medical care may be paid for any person
who is not eligible for medical assistance under chapter 256B,
including eligibility for medical assistance based on a
spenddown of excess income according to section 256B.056,
subdivision 5, or MinnesotaCare as defined in paragraph (b),
except as provided in paragraph (c), and:
(1) who is receiving assistance under section 256D.05,
except for families with children who are eligible under
Minnesota family investment program (MFIP), or who is having a
payment made on the person's behalf under sections 256I.01 to
256I.06; or
(2) who is a resident of Minnesota; and
(i) who has gross countable income not in excess of 75
percent of the federal poverty guidelines for the family size,
using a six-month budget period and whose equity in assets is
not in excess of $1,000 per assistance unit. Exempt assets, the
reduction of excess assets, and the waiver of excess assets must
conform to the medical assistance program in section 256B.056,
subdivision 3, with the following exception: the maximum amount
of undistributed funds in a trust that could be distributed to
or on behalf of the beneficiary by the trustee, assuming the
full exercise of the trustee's discretion under the terms of the
trust, must be applied toward the asset maximum; or
(ii) who has gross countable income above 75 percent of the
federal poverty guidelines but not in excess of 175 percent of
the federal poverty guidelines for the family size, using a
six-month budget period, whose equity in assets is not in excess
of the limits in section 256B.056, subdivision 3c, and who
applies during an inpatient hospitalization.
(b) General assistance medical care may not be paid for
applicants or recipients who meet all eligibility requirements
of MinnesotaCare as defined in sections 256L.01 to 256L.16, and
are adults with dependent children under 21 whose gross family
income is equal to or less than 275 percent of the federal
poverty guidelines.
(c) For applications received on or after October 1, 2003,
eligibility may begin no earlier than the date of application.
For individuals eligible under paragraph (a), clause (2), item
(i), a redetermination of eligibility must occur every 12
months. Individuals are eligible under paragraph (a), clause
(2), item (ii), only during inpatient hospitalization but may
reapply if there is a subsequent period of inpatient
hospitalization. Beginning January 1, 2000, Minnesota health
care program applications completed by recipients and applicants
who are persons described in paragraph (b), may be returned to
the county agency to be forwarded to the Department of Human
Services or sent directly to the Department of Human Services
for enrollment in MinnesotaCare. If all other eligibility
requirements of this subdivision are met, eligibility for
general assistance medical care shall be available in any month
during which a MinnesotaCare eligibility determination and
enrollment are pending. Upon notification of eligibility for
MinnesotaCare, notice of termination for eligibility for general
assistance medical care shall be sent to an applicant or
recipient. If all other eligibility requirements of this
subdivision are met, eligibility for general assistance medical
care shall be available until enrollment in MinnesotaCare
subject to the provisions of paragraph (e).
(d) The date of an initial Minnesota health care program
application necessary to begin a determination of eligibility
shall be the date the applicant has provided a name, address,
and Social Security number, signed and dated, to the county
agency or the Department of Human Services. If the applicant is
unable to provide a name, address, Social Security number, and
signature when health care is delivered due to a medical
condition or disability, a health care provider may act on an
applicant's behalf to establish the date of an initial Minnesota
health care program application by providing the county agency
or Department of Human Services with provider identification and
a temporary unique identifier for the applicant. The applicant
must complete the remainder of the application and provide
necessary verification before eligibility can be determined.
The county agency must assist the applicant in obtaining
verification if necessary.
(e) County agencies are authorized to use all automated
databases containing information regarding recipients' or
applicants' income in order to determine eligibility for general
assistance medical care or MinnesotaCare. Such use shall be
considered sufficient in order to determine eligibility and
premium payments by the county agency.
(f) General assistance medical care is not available for a
person in a correctional facility unless the person is detained
by law for less than one year in a county correctional or
detention facility as a person accused or convicted of a crime,
or admitted as an inpatient to a hospital on a criminal hold
order, and the person is a recipient of general assistance
medical care at the time the person is detained by law or
admitted on a criminal hold order and as long as the person
continues to meet other eligibility requirements of this
subdivision.
(g) General assistance medical care is not available for
applicants or recipients who do not cooperate with the county
agency to meet the requirements of medical assistance.
(h) In determining the amount of assets of an individual
eligible under paragraph (a), clause (2), item (i), there shall
be included any asset or interest in an asset, including an
asset excluded under paragraph (a), that was given away, sold,
or disposed of for less than fair market value within the 60
months preceding application for general assistance medical care
or during the period of eligibility. Any transfer described in
this paragraph shall be presumed to have been for the purpose of
establishing eligibility for general assistance medical care,
unless the individual furnishes convincing evidence to establish
that the transaction was exclusively for another purpose. For
purposes of this paragraph, the value of the asset or interest
shall be the fair market value at the time it was given away,
sold, or disposed of, less the amount of compensation received.
For any uncompensated transfer, the number of months of
ineligibility, including partial months, shall be calculated by
dividing the uncompensated transfer amount by the average
monthly per person payment made by the medical assistance
program to skilled nursing facilities for the previous calendar
year. The individual shall remain ineligible until this fixed
period has expired. The period of ineligibility may exceed 30
months, and a reapplication for benefits after 30 months from
the date of the transfer shall not result in eligibility unless
and until the period of ineligibility has expired. The period
of ineligibility begins in the month the transfer was reported
to the county agency, or if the transfer was not reported, the
month in which the county agency discovered the transfer,
whichever comes first. For applicants, the period of
ineligibility begins on the date of the first approved
application.
(i) When determining eligibility for any state benefits
under this subdivision, the income and resources of all
noncitizens shall be deemed to include their sponsor's income
and resources as defined in the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, title IV, Public Law
104-193, sections 421 and 422, and subsequently set out in
federal rules.
(j) Undocumented noncitizens and nonimmigrants are
ineligible for general assistance medical care, except an
individual eligible under paragraph (a), clause (4), remains
eligible through September 30, 2003. For purposes of this
subdivision, a nonimmigrant is an individual in one or more of
the classes listed in United States Code, title 8, section
1101(a)(15), and an undocumented noncitizen is an individual who
resides in the United States without the approval or
acquiescence of the Immigration and Naturalization Service.
(k) Notwithstanding any other provision of law, a
noncitizen who is ineligible for medical assistance due to the
deeming of a sponsor's income and resources, is ineligible for
general assistance medical care.
(l) Effective July 1, 2003, general assistance medical care
emergency services end.
Sec. 24. Minnesota Statutes 2003 Supplement, section
256D.03, subdivision 4, is amended to read:
Subd. 4. [GENERAL ASSISTANCE MEDICAL CARE; SERVICES.]
(a)(i) For a person who is eligible under subdivision 3,
paragraph (a), clause (2), item (i), general assistance medical
care covers, except as provided in paragraph (c):
(1) inpatient hospital services;
(2) outpatient hospital services;
(3) services provided by Medicare certified rehabilitation
agencies;
(4) prescription drugs and other products recommended
through the process established in section 256B.0625,
subdivision 13;
(5) equipment necessary to administer insulin and
diagnostic supplies and equipment for diabetics to monitor blood
sugar level;
(6) eyeglasses and eye examinations provided by a physician
or optometrist;
(7) hearing aids;
(8) prosthetic devices;
(9) laboratory and X-ray services;
(10) physician's services;
(11) medical transportation except special transportation;
(12) chiropractic services as covered under the medical
assistance program;
(13) podiatric services;
(14) dental services and dentures, subject to the
limitations specified in section 256B.0625, subdivision 9;
(15) outpatient services provided by a mental health center
or clinic that is under contract with the county board and is
established under section 245.62;
(16) day treatment services for mental illness provided
under contract with the county board;
(17) prescribed medications for persons who have been
diagnosed as mentally ill as necessary to prevent more
restrictive institutionalization;
(18) psychological services, medical supplies and
equipment, and Medicare premiums, coinsurance and deductible
payments;
(19) medical equipment not specifically listed in this
paragraph when the use of the equipment will prevent the need
for costlier services that are reimbursable under this
subdivision;
(20) services performed by a certified pediatric nurse
practitioner, a certified family nurse practitioner, a certified
adult nurse practitioner, a certified obstetric/gynecological
nurse practitioner, a certified neonatal nurse practitioner, or
a certified geriatric nurse practitioner in independent
practice, if (1) the service is otherwise covered under this
chapter as a physician service, (2) the service provided on an
inpatient basis is not included as part of the cost for
inpatient services included in the operating payment rate, and
(3) the service is within the scope of practice of the nurse
practitioner's license as a registered nurse, as defined in
section 148.171;
(21) services of a certified public health nurse or a
registered nurse practicing in a public health nursing clinic
that is a department of, or that operates under the direct
authority of, a unit of government, if the service is within the
scope of practice of the public health nurse's license as a
registered nurse, as defined in section 148.171; and
(22) telemedicine consultations, to the extent they are
covered under section 256B.0625, subdivision 3b.
(ii) Effective October 1, 2003, for a person who is
eligible under subdivision 3, paragraph (a), clause (2), item
(ii), general assistance medical care coverage is limited to
inpatient hospital services, including physician services
provided during the inpatient hospital stay. A $1,000
deductible is required for each inpatient hospitalization.
(b) Gender reassignment surgery and related services are
not covered services under this subdivision unless the
individual began receiving gender reassignment services prior to
July 1, 1995.
(c) In order to contain costs, the commissioner of human
services shall select vendors of medical care who can provide
the most economical care consistent with high medical standards
and shall where possible contract with organizations on a
prepaid capitation basis to provide these services. The
commissioner shall consider proposals by counties and vendors
for prepaid health plans, competitive bidding programs, block
grants, or other vendor payment mechanisms designed to provide
services in an economical manner or to control utilization, with
safeguards to ensure that necessary services are provided.
Before implementing prepaid programs in counties with a county
operated or affiliated public teaching hospital or a hospital or
clinic operated by the University of Minnesota, the commissioner
shall consider the risks the prepaid program creates for the
hospital and allow the county or hospital the opportunity to
participate in the program in a manner that reflects the risk of
adverse selection and the nature of the patients served by the
hospital, provided the terms of participation in the program are
competitive with the terms of other participants considering the
nature of the population served. Payment for services provided
pursuant to this subdivision shall be as provided to medical
assistance vendors of these services under sections 256B.02,
subdivision 8, and 256B.0625. For payments made during fiscal
year 1990 and later years, the commissioner shall consult with
an independent actuary in establishing prepayment rates, but
shall retain final control over the rate methodology.
(d) Recipients eligible under subdivision 3, paragraph (a),
clause (2), item (i), shall pay the following co-payments for
services provided on or after October 1, 2003:
(1) $3 per nonpreventive visit. For purposes of this
subdivision, a visit means an episode of service which is
required because of a recipient's symptoms, diagnosis, or
established illness, and which is delivered in an ambulatory
setting by a physician or physician ancillary, chiropractor,
podiatrist, nurse midwife, advanced practice nurse, audiologist,
optician, or optometrist;
(2) $25 for eyeglasses;
(3) $25 for nonemergency visits to a hospital-based
emergency room;
(4) $3 per brand-name drug prescription and $1 per generic
drug prescription, subject to a $20 per month maximum for
prescription drug co-payments. No co-payments shall apply to
antipsychotic drugs when used for the treatment of mental
illness; and
(5) 50 percent coinsurance on basic restorative dental
services.
(e) Co-payments shall be limited to one per day per
provider for nonpreventive visits, eyeglasses, and nonemergency
visits to a hospital-based emergency room. Recipients of
general assistance medical care are responsible for all
co-payments in this subdivision. The general assistance medical
care reimbursement to the provider shall be reduced by the
amount of the co-payment, except that reimbursement for
prescription drugs shall not be reduced once a recipient has
reached the $20 per month maximum for prescription drug
co-payments. The provider collects the co-payment from the
recipient. Providers may not deny services to recipients who
are unable to pay the co-payment, except as provided in
paragraph (f).
(f) If it is the routine business practice of a provider to
refuse service to an individual with uncollected debt, the
provider may include uncollected co-payments under this
section. A provider must give advance notice to a recipient
with uncollected debt before services can be denied.
(g) Any county may, from its own resources, provide medical
payments for which state payments are not made.
(h) Chemical dependency services that are reimbursed under
chapter 254B must not be reimbursed under general assistance
medical care.
(i) The maximum payment for new vendors enrolled in the
general assistance medical care program after the base year
shall be determined from the average usual and customary charge
of the same vendor type enrolled in the base year.
(j) The conditions of payment for services under this
subdivision are the same as the conditions specified in rules
adopted under chapter 256B governing the medical assistance
program, unless otherwise provided by statute or rule.
(k) Inpatient and outpatient payments shall be reduced by
five percent, effective July 1, 2003. This reduction is in
addition to the five percent reduction effective July 1, 2003,
and incorporated by reference in paragraph (i).
(l) Payments for all other health services except
inpatient, outpatient, and pharmacy services shall be reduced by
five percent, effective July 1, 2003.
(m) Payments to managed care plans shall be reduced by five
percent for services provided on or after October 1, 2003.
(n) A hospital receiving a reduced payment as a result of
this section may apply the unpaid balance toward satisfaction of
the hospital's bad debts.
Sec. 25. Minnesota Statutes 2003 Supplement, section
295.50, subdivision 9b, is amended to read:
Subd. 9b. [PATIENT SERVICES.] (a) "Patient services" means
inpatient and outpatient services and other goods and services
provided by hospitals, surgical centers, or health care
providers. They include the following health care goods and
services provided to a patient or consumer:
(1) bed and board;
(2) nursing services and other related services;
(3) use of hospitals, surgical centers, or health care
provider facilities;
(4) medical social services;
(5) drugs, biologicals, supplies, appliances, and
equipment;
(6) other diagnostic or therapeutic items or services;
(7) medical or surgical services;
(8) items and services furnished to ambulatory patients not
requiring emergency care; and
(9) emergency services; and
(10) covered services listed in section 256B.0625 and in
Minnesota Rules, parts 9505.0170 to 9505.0475.
(b) "Patient services" does not include:
(1) services provided to nursing homes licensed under
chapter 144A;
(2) examinations for purposes of utilization reviews,
insurance claims or eligibility, litigation, and employment,
including reviews of medical records for those purposes;
(3) services provided to and by community residential
mental health facilities licensed under Minnesota Rules, parts
9520.0500 to 9520.0690, and to and by residential treatment
programs for children with severe emotional disturbance licensed
or certified under chapter 245A;
(4) services provided to and by community support programs
and family community support programs approved under Minnesota
Rules, parts 9535.1700 to 9535.1760 or certified as mental
health rehabilitative services under chapter 256B;
(5) services provided to and by community mental health
centers as defined in section 245.62, subdivision 2;
(6) services provided to and by assisted living programs
and congregate housing programs; and
(7) hospice care services.;
(8) home and community-based waivered services under
sections 256B.0915, 256B.49, 256B.491, and 256B.501;
(9) targeted case management services under sections
256B.0621; 256B.0625, subdivisions 20, 20a, 33, and 44; and
256B.094; and
(10) services provided to the following: supervised living
facilities for persons with mental retardation or related
conditions licensed under Minnesota Rules, parts 4665.0100 to
4665.9900; housing with services establishments required to be
registered under chapter 144D; board and lodging establishments
providing only custodial services that are licensed under
chapter 157 and registered under section 157.17 to provide
supportive services or health supervision services; adult foster
homes as defined in Minnesota Rules, part 9555.5105; day
training and habilitation services for adults with mental
retardation and related conditions as defined in section 252.41,
subdivision 3; boarding care homes as defined in Minnesota
Rules, part 4655.0100; adult day care services as defined in
section 245A.02, subdivision 2a; and home health agencies as
defined in Minnesota Rules, part 9505.0175, subpart 15, or
licensed under chapter 144A.
[EFFECTIVE DATE.] This section is effective retroactively
from January 1, 2004.
Sec. 26. Minnesota Statutes 2003 Supplement, section
295.53, subdivision 1, is amended to read:
Subdivision 1. [EXEMPTIONS.] (a) The following payments
are excluded from the gross revenues subject to the hospital,
surgical center, or health care provider taxes under sections
295.50 to 295.59:
(1) payments received for services provided under the
Medicare program, including payments received from the
government, and organizations governed by sections 1833 and 1876
of title XVIII of the federal Social Security Act, United States
Code, title 42, section 1395, and enrollee deductibles,
coinsurance, and co-payments, whether paid by the Medicare
enrollee or by a Medicare supplemental coverage as defined in
section 62A.011, subdivision 3, clause (10), or by Medicaid
payments under title XIX of the federal Social Security Act.
Payments for services not covered by Medicare are taxable;
(2) payments received for home health care services;
(3) payments received from hospitals or surgical centers
for goods and services on which liability for tax is imposed
under section 295.52 or the source of funds for the payment is
exempt under clause (1), (7), (10), or (14);
(4) payments received from health care providers for goods
and services on which liability for tax is imposed under this
chapter or the source of funds for the payment is exempt under
clause (1), (7), (10), or (14);
(5) amounts paid for legend drugs, other than nutritional
products, to a wholesale drug distributor who is subject to tax
under section 295.52, subdivision 3, reduced by reimbursements
received for legend drugs otherwise exempt under this chapter;
(6) payments received by a health care provider or the
wholly owned subsidiary of a health care provider for care
provided outside Minnesota;
(7) payments received from the chemical dependency fund
under chapter 254B;
(8) payments received in the nature of charitable donations
that are not designated for providing patient services to a
specific individual or group;
(9) payments received for providing patient services
incurred through a formal program of health care research
conducted in conformity with federal regulations governing
research on human subjects. Payments received from patients or
from other persons paying on behalf of the patients are subject
to tax;
(10) payments received from any governmental agency for
services benefiting the public, not including payments made by
the government in its capacity as an employer or insurer or
payments made by the government for services provided under
medical assistance, general assistance medical care, or the
MinnesotaCare program, or the medical assistance program
governed by title XIX of the federal Social Security Act, United
States Code, title 42, sections 1396 to 1396v;
(11) government payments received by a regional treatment
center the commissioner of human services for state-operated
services;
(12) payments received by a health care provider for
hearing aids and related equipment or prescription eyewear
delivered outside of Minnesota;
(13) payments received by an educational institution from
student tuition, student activity fees, health care service
fees, government appropriations, donations, or grants, and for
services identified in and provided under an individualized
education plan as defined in section 256B.0625 or Code of
Federal Regulations, chapter 34, section 300.340(a). Fee for
service payments and payments for extended coverage are taxable;
and
(14) payments received under the federal Employees Health
Benefits Act, United States Code, title 5, section 8909(f), as
amended by the Omnibus Reconciliation Act of 1990.
(b) Payments received by wholesale drug distributors for
legend drugs sold directly to veterinarians or veterinary bulk
purchasing organizations are excluded from the gross revenues
subject to the wholesale drug distributor tax under sections
295.50 to 295.59.
[EFFECTIVE DATE.] This section is effective retroactively
from January 1, 2004.
Sec. 27. [FETAL ALCOHOL SPECTRUM DISORDER APPROPRIATION
TRANSFER.]
(a) On July 1 of each fiscal year, beginning July 1, 2004,
a portion of the general fund appropriation to the commissioner
of health for fetal alcohol spectrum disorder administration and
grants shall be transferred to a statewide organization that
focuses solely on prevention of and intervention with fetal
alcohol spectrum disorder as follows:
(1) on July 1, 2004, $340,000;
(2) on July 1, 2005, $990,049; and
(3) on July 1, 2006, and annually thereafter, $1,190,000.
(b) The money shall be used for prevention and intervention
services and programs, including, but not limited to, community
grants, professional education, public awareness, and
diagnosis. The organization may retain $60,000 of the
transferred money for administrative costs. The organization
shall report to the commissioner annually by January 15 on the
services and programs funded by the appropriation.
Sec. 28. [RULE AMENDMENT.]
The commissioner of human services shall amend Minnesota
Rules, part 9555.5105, subpart 20, to expand the definition of
"legal representative" to include a health care agent appointed
by a principal in a health care power of attorney to make health
care decisions as provided in Minnesota Statutes, chapter 145C.
The commissioner shall adopt rule amendments required by this
section using the authority of Minnesota Statutes, section
14.388, subdivision 1, clause (3).
Sec. 29. [COST OF HEALTH CARE REPORTING.]
The commissioners of human services, health, and commerce
shall meet with representatives of health plan companies as
defined in Minnesota Statutes, section 62Q.01, subdivision 4,
and hospitals to evaluate reporting requirements for these
regulated entities and develop recommendations for reducing
required reports. The commissioner must meet with the specified
representatives prior to August 30, 2004, and must submit a
consolidated report to the legislature by January 15, 2005. The
report must:
(1) identify the name and scope of each required report;
(2) evaluate the need for and use of each report, including
the value of the report to consumers;
(3) evaluate the extent to which the report is used to
reduce costs and increase quality of care;
(4) identify reports that are no longer required; and
(5) specify any statutory changes necessary to eliminate
required reports.
Sec. 30. [TRANSFER FROM THE UNIVERSITY OF MINNESOTA.]
The transfer provided in Minnesota Statutes, section
62J.692, subdivision 10, may occur twice in fiscal year 2005,
with the approval of the commissioners of human services,
health, and finance, for the purposes of Minnesota Statutes,
section 62J.692, subdivision 8.
Sec. 31. [REPEALER.]
Minnesota Statutes 2002, section 62H.07, is repealed.
ARTICLE 7
HEALTH CARE COST CONTAINMENT
Section 1. Minnesota Statutes 2002, section 62A.28, is
amended to read:
62A.28 [COVERAGE FOR SCALP HAIR PROSTHESES.]
Subdivision 1. [SCOPE OF COVERAGE.] This section applies
to all policies of accident and health insurance, health
maintenance contracts regulated under chapter 62D, health
benefit certificates offered through a fraternal benefit society
regulated under chapter 64B, and group subscriber contracts
offered by nonprofit health service plan corporations regulated
under chapter 62C. This section does not apply to policies
designed primarily to provide coverage payable on a per diem,
fixed indemnity or nonexpense incurred basis, or policies that
provide only accident coverage.
Subd. 2. [REQUIRED COVERAGE.] Every policy, plan,
certificate, or contract referred to in subdivision 1 issued or
renewed after August 1, 1987, must provide coverage for scalp
hair prostheses worn for hair loss suffered as a result of
alopecia areata.
The coverage required by this section is subject to a
policy's the co-payment requirement, coinsurance, deductible,
and other enrollee cost sharing requirements that apply to
similar types of items under the policy, plan, certificate, or
contract, and is limited to a maximum of $350 in any benefit
year, exclusive of any deductible.
[EFFECTIVE DATE.] This section is effective retroactive to
January 1, 2004.
Sec. 2. [62J.43] [BEST PRACTICES AND QUALITY IMPROVEMENT.]
(a) To improve quality and reduce health care costs, state
agencies shall encourage the adoption of best practice
guidelines and participation in best practices measurement
activities by physicians, other health care providers, and
health plan companies. The commissioner of health shall
facilitate access to best practice guidelines and quality of
care measurement information to providers, purchasers, and
consumers by:
(1) identifying and promoting local community-based,
physician-designed best practices care across the Minnesota
health care system;
(2) disseminating information available to the commissioner
on adherence to best practices care by physicians and other
health care providers in Minnesota;
(3) educating consumers and purchasers on how to
effectively use this information in choosing their providers and
in making purchasing decisions; and
(4) making best practices and quality care measurement
information available to enrollees and program participants
through the Department of Health's Web site. The commissioner
may convene an advisory committee to ensure that the Web site is
designed to provide user friendly and easy accessibility.
(b) The commissioner of health shall collaborate with a
nonprofit Minnesota quality improvement organization
specializing in best practices and quality of care measurements
to provide best practices criteria and assist in the collection
of the data.
(c) The initial best practices and quality of care
measurement criteria developed shall include asthma, diabetes,
and at least two other preventive health measures. Hypertension
and coronary artery disease shall be included within one year
following availability.
(d) The commissioners of human services and employee
relations may use the data to make decisions about contracts
they enter into with health plan companies.
(e) This section does not apply if the best practices
guidelines authorize or recommend denial of treatment, food, or
fluids necessary to sustain life on the basis of the patient's
age or expected length of life or the patient's present or
predicted disability, degree of medical dependency, or quality
of life.
(f) The commissioner of health, human services, and
employee relations shall report to the legislature by January
15, 2005, on the status of best practices and quality of care
initiatives, and shall present recommendations to the
legislature on any statutory changes needed to increase the
effectiveness of these initiatives.
(g) This section expires June 30, 2006.
Sec. 3. [62J.81] [DISCLOSURE OF PAYMENTS FOR HEALTH CARE
SERVICES.]
Subdivision 1. [REQUIRED DISCLOSURE OF ESTIMATED PAYMENT.]
A health care provider, as defined in section 62J.03,
subdivision 8, shall, at the request of a consumer, provide that
consumer with a good faith estimate of the reimbursement the
provider expects to receive from the health plan company in
which the consumer is enrolled. Health plan companies must
allow contracted providers to release this information. A good
faith estimate must also be made available at the request of a
consumer who is not enrolled in a health plan company. Payment
information provided by a provider to a patient pursuant to this
subdivision does not constitute a legally binding estimate of
the cost of services.
Subd. 2. [APPLICABILITY.] For purposes of this section,
"consumer" does not include a medical assistance, MinnesotaCare,
or general assistance medical care enrollee, for services
covered under those programs.
Sec. 4. Minnesota Statutes 2002, section 72A.20, is
amended by adding a subdivision to read:
Subd. 37. [ELECTRONIC TRANSMISSION OF REQUIRED
INFORMATION.] A health carrier, as defined in section 62A.011,
subdivision 2, is not in violation of this chapter for
electronically transmitting or electronically making available
information otherwise required to be delivered in writing under
chapters 62A to 62Q and 72A to an enrollee as defined in section
62Q.01, subdivision 2a, and with the requirements of those
chapters if the following conditions are met:
(1) the health carrier informs the enrollee that electronic
transmission or access is available and, at the discretion of
the health carrier, the enrollee is given one of the following
options:
(i) electronic transmission or access will occur only if
the enrollee affirmatively requests to the health carrier that
the required information be electronically transmitted or
available and a record of that request is retained by the health
carrier; or
(ii) electronic transmission or access will automatically
occur if the enrollee has not opted out of that manner of
transmission by request to the health carrier and requested that
the information be provided in writing. If the enrollee opts
out of electronic transmission, a record of that request must be
retained by the health carrier;
(2) the enrollee is allowed to withdraw the request at any
time;
(3) if the information transmitted electronically contains
individually identifiable data, it must be transmitted to a
secured mailbox. If the information made available
electronically contains individually identifiable data, it must
be made available at a password-protected secured Web site;
(4) the enrollee is provided a customer service number on
the enrollee's member card that may be called to request a
written copy of the document; and
(5) the electronic transmission or electronic availability
meets all other requirements of this chapter including, but not
limited to, size of the typeface and any required time frames
for distribution.
Sec. 5. Minnesota Statutes 2002, section 147.03,
subdivision 1, is amended to read:
Subdivision 1. [ENDORSEMENT; RECIPROCITY.] (a) The board
may issue a license to practice medicine to any person who
satisfies the requirements in paragraphs (b) to (f).
(b) The applicant shall satisfy all the requirements
established in section 147.02, subdivision 1, paragraphs (a),
(b), (d), (e), and (f).
(c) The applicant shall:
(1) have passed an examination prepared and graded by the
Federation of State Medical Boards, the National Board of
Medical Examiners, or the United States Medical Licensing
Examination program in accordance with section 147.02,
subdivision 1, paragraph (c), clause (2); the National Board of
Osteopathic Examiners; or the Medical Council of Canada; and
(2) have a current license from the equivalent licensing
agency in another state or Canada and, if the examination in
clause (1) was passed more than ten years ago, either:
(i) pass the Special Purpose Examination of the Federation
of State Medical Boards with a score of 75 or better within
three attempts; or
(ii) have a current certification by a specialty board of
the American Board of Medical Specialties, of the American
Osteopathic Association Bureau of Professional Education, or of
the Royal College of Physicians and Surgeons of Canada.
(d) The applicant shall pay a fee established by the board
by rule. The fee may not be refunded.
(e) The applicant must not be under license suspension or
revocation by the licensing board of the state or jurisdiction
in which the conduct that caused the suspension or revocation
occurred.
(f) The applicant must not have engaged in conduct
warranting disciplinary action against a licensee, or have been
subject to disciplinary action other than as specified in
paragraph (e). If an applicant does not satisfy the
requirements stated in this paragraph, the board may issue a
license only on the applicant's showing that the public will be
protected through issuance of a license with conditions or
limitations the board considers appropriate.
(g) Upon the request of an applicant, the board may conduct
the final interview of the applicant by teleconference.
Sec. 6. [256B.075] [DISEASE MANAGEMENT PROGRAMS.]
Subdivision 1. [GENERAL.] The commissioner shall implement
disease management initiatives that seek to improve patient care
and health outcomes and reduce health care costs by managing the
care provided to recipients with chronic conditions.
Subd. 2. [FEE-FOR-SERVICE.] (a) The commissioner shall
develop and implement a disease management program for medical
assistance and general assistance medical care recipients who
are not enrolled in the prepaid medical assistance or prepaid
general assistance medical care programs and who are receiving
services on a fee-for-service basis. The commissioner may
contract with an outside organization to provide these services.
(b) The commissioner shall seek any federal approval
necessary to implement this section and to obtain federal
matching funds.
Subd. 3. [PREPAID MANAGED CARE PROGRAMS.] For the prepaid
medical assistance, prepaid general assistance medical care, and
MinnesotaCare programs, the commissioner shall ensure that
contracting health plans implement disease management programs
that are appropriate for Minnesota health care program
recipients and have been designed by the health plan to improve
patient care and health outcomes and reduce health care costs by
managing the care provided to recipients with chronic conditions.
Subd. 4. [REPORT.] The commissioner of human services
shall report to the legislature by January 15, 2005, on the
status of disease management initiatives, and shall present
recommendations to the legislature on any statutory changes
needed to increase the effectiveness of these initiatives.
Subd. 5. [EXPIRATION.] This section expires June 30, 2006.
Sec. 7. [ELECTRONIC HEALTH RECORD WORK GROUP.]
(a) The commissioner of health shall convene an Electronic
Health Record Planning and Implementation Work Group. The work
group shall consist of representatives of hospitals, health
plans, physicians, nurses, other health care providers, academic
institutions, state government purchasers, public health
providers, citizens, and others with knowledge of health
information technology and electronic health records systems.
(b) The work group shall:
(1) identify barriers to the adoption and implementation of
electronic health record systems in Minnesota;
(2) identify core components of an electronic health record
and standards for interoperability;
(3) assess the status of current implementation of
electronic health records in Minnesota;
(4) assess the costs for primary and acute health care
providers, including safety net clinics and hospitals, to
implement electronic health records systems;
(5) identify partnership models and collaboration potential
for implementing electronic health records systems;
(6) monitor the development of federal standards,
coordinate input to the National Health Information
Infrastructure Process, and ensure that Minnesota's
recommendations are consistent with emerging federal standards;
and
(7) identify barriers and develop a plan to develop a
unified record system among public hospitals and clinics.
(c) By December 31, 2004, the work group shall provide
preliminary assessments and recommendations to the chairs of the
house and senate committees with jurisdiction over health care
policy and financing.
The recommendations shall also include the appropriate role
of the state in the development, financing, promotion, and
implementation of an electronic health records system.
Sec. 8. [REPEALER; BONE MARROW TRANSPLANT MANDATE.]
Minnesota Statutes 2002, section 62A.309, is repealed.
Presented to the governor May 18, 2004
Signed by the governor May 29, 2004, 11:00 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes