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Minnesota Session Laws - 2005, Regular Session

Key: (1) language to be deleted (2) new language

                            CHAPTER 98-S.F.No. 1720 
                  An act relating to human services; making agency 
                  technical amendments; changing provisions related to 
                  children and family services, health care, and 
                  continuing care programs; amending Minnesota Statutes 
                  2004, sections 13.319, subdivision 3; 13.461, by 
                  adding a subdivision; 119B.02, subdivision 5; 
                  119B.035, subdivision 1; 119B.074; 119B.08, 
                  subdivision 1; 119B.09, subdivision 1; 119B.26; 
                  245.463, subdivision 2; 245.464, subdivision 1; 
                  245.465, subdivision 1; 245.466, subdivisions 1, 5; 
                  245.4661, subdivision 7; 245.483, subdivisions 1, 3; 
                  245.4872, subdivision 2; 245.4873, subdivision 5; 
                  245.4874; 245.4875, subdivisions 1, 5; 245A.16, 
                  subdivision 6; 252.24, subdivision 5; 252.282, 
                  subdivision 2; 252.46, subdivision 10; 256.045, 
                  subdivisions 3, 6, 7; 256B.04, subdivision 14; 
                  256B.056, subdivision 1c; 256B.0625, subdivisions 5, 
                  27; 256B.0911, subdivision 6; 256B.0913, subdivision 
                  13; 256B.092, subdivision 1f; 256B.094, subdivision 8; 
                  256B.0943, subdivisions 6, 12, 13; 256B.503; 256B.75; 
                  256D.03, subdivision 3; 256G.01, subdivision 3; 
                  256J.13, subdivision 2; 256J.21, subdivision 2; 
                  256J.24, subdivision 5; 256J.561, subdivision 3; 
                  256J.74, subdivision 1; 256J.751, subdivision 2; 
                  256J.95, subdivisions 2, 6, 11, 18, 19; 256L.01, 
                  subdivision 3a; 256L.04, by adding a subdivision; 
                  256M.30, subdivision 2; 260C.212, subdivision 12; 
                  275.62, subdivision 4; 518.6111, subdivision 7; 
                  626.557, subdivision 12b; 626.5571, subdivision 2; 
                  Laws 1997, chapter 245, article 2, section 11, as 
                  amended; repealing Minnesota Statutes 2004, sections 
                  119A.01, subdivision 3; 119A.20; 119A.21; 119A.22; 
                  119A.35; 119B.21, subdivision 11; 245.713, 
                  subdivisions 2, 4; 245.716; 256.014, subdivision 3; 
                  256.045, subdivision 3c; 256B.0629, subdivisions 1, 2, 
                  4; 256J.95, subdivision 20; 626.5551, subdivision 4; 
                  Laws 1998, chapter 407, article 4, section 63. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                   ARTICLE 1 
                         CHILDREN'S AND FAMILY SERVICES 
           Section 1.  Minnesota Statutes 2004, section 13.319, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PROGRAM SERVICES.] Data on individuals receiving 
        services under certain programs administered by the Department 
        of Education are classified under sections 119A.376, subdivision 
        4; 119A.44, subdivision 7; and section 119A.50, subdivision 2. 
           Sec. 2.  Minnesota Statutes 2004, section 13.461, is 
        amended by adding a subdivision to read: 
           Subd. 29.  [PROGRAM SERVICES.] Data on individuals 
        receiving services under certain programs administered by the 
        Department of Human Services are classified under sections 
        119A.376, subdivision 4, and 119A.44, subdivision 7. 
           Sec. 3.  Minnesota Statutes 2004, section 119B.02, 
        subdivision 5, is amended to read: 
           Subd. 5.  [PROGRAM INTEGRITY.] For child care assistance 
        programs under this chapter, the commissioner shall enforce, in 
        cooperation with the commissioner of human services, the 
        requirements for program integrity and fraud prevention 
        investigations under sections 256.046, 256.98, and 256.983. 
           Sec. 4.  Minnesota Statutes 2004, section 119B.035, 
        subdivision 1, is amended to read: 
           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 state 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. 
           Sec. 5.  Minnesota Statutes 2004, section 119B.074, is 
        amended to read: 
           119B.074 [SPECIAL REVENUE ACCOUNT FOR CHILD CARE.] 
           A child support collection account is established in the 
        special revenue fund for the deposit of collections through the 
        assignment of child support under section 256.741, subdivision 
        2.  The commissioner of human services must deposit all 
        collections made under section 256.741, subdivision 2, in the 
        child support collection account.  Money in this account is 
        appropriated to the commissioner for assistance under section 
        119B.03 and is in addition to other state and federal 
        appropriations.  
           Sec. 6.  Minnesota Statutes 2004, section 119B.08, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REPORTS.] The commissioner shall specify 
        requirements for reports under the same authority as provided to 
        the commissioner of human services in section 256.01, 
        subdivision 2, paragraph (17).  
           Sec. 7.  Minnesota Statutes 2004, section 119B.09, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL ELIGIBILITY REQUIREMENTS FOR ALL 
        APPLICANTS FOR CHILD CARE ASSISTANCE.] (a) Child care services 
        must be available to families who need child care to find or 
        keep employment or to obtain the training or education necessary 
        to find employment and who: 
           (1) have household income less than or equal to 250 percent 
        of the federal poverty guidelines, adjusted for family size, and 
        meet the requirements of section 119B.05; receive MFIP 
        assistance; and are participating in employment and training 
        services under chapter 256J or 256K; or 
           (2) have household income below the eligibility levels for 
        MFIP; or 
           (3) have household income less than or equal to 175 percent 
        of the federal poverty guidelines, adjusted for family size, at 
        program entry and less than 250 percent of the federal poverty 
        guidelines, adjusted for family size, at program exit. 
           (b) Child care services must be made available as in-kind 
        services.  
           (c) All applicants for child care assistance and families 
        currently receiving child care assistance must be assisted and 
        required to cooperate in establishment of paternity and 
        enforcement of child support obligations for all children in the 
        family as a condition of program eligibility.  For purposes of 
        this section, a family is considered to meet the requirement for 
        cooperation when the family complies with the requirements of 
        section 256.741. 
           Sec. 8.  Minnesota Statutes 2004, section 119B.26, is 
        amended to read: 
           119B.26 [AUTHORITY TO WAIVE REQUIREMENTS DURING DISASTER 
        PERIODS.] 
           The commissioner may waive requirements under this chapter 
        for up to nine months after the disaster in areas where a 
        federal disaster has been declared under United States Code, 
        title 42, section 5121, et seq., or the governor has exercised 
        authority under chapter 12.  The commissioner shall notify the 
        chairs of the senate Family and Early Childhood Education Budget 
        Division, the senate Education Finance Committee, the house 
        Family and Early Childhood Education Finance Division, the house 
        Education Committee, house and senate committees with 
        jurisdiction over this chapter and the house Ways and Means 
        Committee ten days before the effective date of any waiver 
        granted under this section. 
           Sec. 9.  Minnesota Statutes 2004, section 256.045, 
        subdivision 6, is amended to read: 
           Subd. 6.  [ADDITIONAL POWERS OF THE COMMISSIONER; 
        SUBPOENAS.] (a) The commissioner of human services, or the 
        commissioner of health for matters within the commissioner's 
        jurisdiction under subdivision 3b, or the commissioner of 
        education for matters within the commissioner's jurisdiction 
        under subdivision 3c, may initiate a review of any action or 
        decision of a county agency and direct that the matter be 
        presented to a state human services referee for a hearing held 
        under subdivision 3, 3a, 3b, 3c, or 4a.  In all matters dealing 
        with human services committed by law to the discretion of the 
        county agency, the commissioner's judgment may be substituted 
        for that of the county agency.  The commissioner may order an 
        independent examination when appropriate. 
           (b) Any party to a hearing held pursuant to subdivision 3, 
        3a, 3b, 3c, or 4a may request that the commissioner issue a 
        subpoena to compel the attendance of witnesses and the 
        production of records at the hearing.  A local agency may 
        request that the commissioner issue a subpoena to compel the 
        release of information from third parties prior to a request for 
        a hearing under section 256.046 upon a showing of relevance to 
        such a proceeding.  The issuance, service, and enforcement of 
        subpoenas under this subdivision is governed by section 357.22 
        and the Minnesota Rules of Civil Procedure. 
           (c) The commissioner may issue a temporary order staying a 
        proposed demission by a residential facility licensed under 
        chapter 245A while an appeal by a recipient under subdivision 3 
        is pending or for the period of time necessary for the county 
        agency to implement the commissioner's order. 
           Sec. 10.  Minnesota Statutes 2004, section 256.045, 
        subdivision 7, is amended to read: 
           Subd. 7.  [JUDICIAL REVIEW.] Except for a prepaid health 
        plan, any party who is aggrieved by an order of the commissioner 
        of human services, or the commissioner of health in appeals 
        within the commissioner's jurisdiction under subdivision 3b, or 
        the commissioner of education for matters within the 
        commissioner's jurisdiction under subdivision 3c, may appeal the 
        order to the district court of the county responsible for 
        furnishing assistance, or, in appeals under subdivision 3b, the 
        county where the maltreatment occurred, by serving a written 
        copy of a notice of appeal upon the commissioner and any adverse 
        party of record within 30 days after the date the commissioner 
        issued the order, the amended order, or order affirming the 
        original order, and by filing the original notice and proof of 
        service with the court administrator of the district court.  
        Service may be made personally or by mail; service by mail is 
        complete upon mailing; no filing fee shall be required by the 
        court administrator in appeals taken pursuant to this 
        subdivision, with the exception of appeals taken under 
        subdivision 3b.  The commissioner may elect to become a party to 
        the proceedings in the district court.  Except for appeals under 
        subdivision 3b, any party may demand that the commissioner 
        furnish all parties to the proceedings with a copy of the 
        decision, and a transcript of any testimony, evidence, or other 
        supporting papers from the hearing held before the human 
        services referee, by serving a written demand upon the 
        commissioner within 30 days after service of the notice of 
        appeal.  Any party aggrieved by the failure of an adverse party 
        to obey an order issued by the commissioner under subdivision 5 
        may compel performance according to the order in the manner 
        prescribed in sections 586.01 to 586.12. 
           Sec. 11.  Minnesota Statutes 2004, section 256J.13, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PHYSICAL PRESENCE.] A minor child and a 
        caregiver must live together except as provided in the following 
        paragraphs. 
           (a) The physical presence requirement is met when a minor 
        child is required to live away from the caregiver's home to meet 
        the need for educational curricula that cannot be met by, but is 
        approved by, the local public school district, the home is 
        maintained for the minor child's return during periodic school 
        vacations, and the caregiver continues to maintain 
        responsibility for the support and care of the minor child. 
           (b) The physical presence requirement is met when an 
        applicant caregiver or applicant minor child is away from the 
        home due to illness or hospitalization, when the home is 
        maintained for the return of the absent family member, the 
        absence is not expected to last more than six months beyond the 
        month of departure, and the conditions of clause (1), (2), or 
        (3) apply: 
           (1) when the minor child and caregiver lived together 
        immediately prior to the absence, the caregiver continues to 
        maintain responsibility for the support and care of the minor 
        child, and the absence is reported at the time of application; 
           (2) when the pregnant mother is hospitalized or out of the 
        home due to the pregnancy; or 
           (3) when the newborn child and mother are hospitalized at 
        the time of birth. 
           (c) The absence of a caregiver or minor child does not 
        affect eligibility for the month of departure when the caregiver 
        or minor child received assistance for that month and lived 
        together immediately prior to the absence.  Eligibility also 
        exists in the following month when the absence ends on or before 
        the tenth day of that month.  A temporary absence of a caregiver 
        or a minor child which continues beyond the month of departure 
        must not affect eligibility when the home is maintained for the 
        return of the absent family member, the caregiver continues to 
        maintain responsibility for the support and care of the minor 
        child, and one of clauses (1) to (7) applies: 
           (1) a participant caregiver or participant child is absent 
        due to illness or hospitalization, and the absence is expected 
        to last no more than six months beyond the month of departure; 
           (2) a participant child is out of the home due to placement 
        in foster care as defined in section sections 260B.007, 
        subdivision 7, and 260C.007, subdivision 15 18, when the 
        placement will not be paid under title IV-E of the Social 
        Security Act, and when the absence is expected to last no more 
        than six months beyond the month of departure; 
           (3) a participant minor child is out of the home for a 
        vacation, the vacation is not with an absent parent, and the 
        absence is expected to last no more than two months beyond the 
        month of departure; 
           (4) a participant minor child is out of the home due to a 
        visit or vacation with an absent parent, the home of the minor 
        child remains with the caregiver, the absence meets the 
        conditions of this paragraph and the absence is expected to last 
        no more than two months beyond the month of departure; 
           (5) a participant caregiver is out of the home due to a 
        death or illness of a relative, incarceration, training, or 
        employment search and suitable arrangements have been made for 
        the care of the minor child, or a participant minor child is out 
        of the home due to incarceration, and the absence is expected to 
        last no more than two months beyond the month of departure; 
           (6) a participant caregiver and a participant minor child 
        are both absent from Minnesota due to a situation described in 
        clause (5), except for incarceration, and the absence is 
        expected to last no more than one month beyond the month of the 
        departure; or 
           (7) a participant minor child has run away from home, and 
        another person has not made application for that minor child, 
        assistance must continue for no more than two months following 
        the month of departure. 
           Sec. 12.  Minnesota Statutes 2004, 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, 9560.0521, and 9560.0650 
        to 9560.0655, 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. 13.  Minnesota Statutes 2004, 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, 2003 2004. 
            Number of    Transitional      Cash         Food
         Eligible People  Standard        Portion       Portion
              1          $371 $379:        $250       $121 $129
              2          $661 $675:        $437       $224 $238
              3          $852 $876:        $532       $320 $344
              4          $1,006 $1,036:    $621       $385 $415
              5          $1,146 $1,180:    $697       $449 $483
              6          $1,309 $1,350:    $773       $536 $577
              7          $1,428 $1,472:    $850       $578 $622
              8          $1,572 $1,623:    $916       $656 $707
              9          $1,715 $1,772:    $980       $735 $792
             10          $1,853 $1,915:  $1,035       $818 $880
        over 10          add $137 $142:     $53        $84  $89
        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. 14.  Minnesota Statutes 2004, section 256J.561, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CHILD UNDER 12 WEEKS OF AGE.] (a) A participant 
        who has a natural born child who is less than 12 weeks of age 
        who meets the criteria in clauses (1) and (2) this subdivision 
        is not required to participate in employment services until the 
        child reaches 12 weeks of age.  To be eligible for this 
        provision, the following conditions must be met: 
           (1) the child must have been born within ten months of the 
        caregiver's application for the diversionary work program or 
        MFIP; and 
           (2) the assistance unit must not have already used this 
        provision or the previously allowed child under age one 
        exemption.  However, an assistance unit that has an approved 
        child under age one exemption at the time this provision becomes 
        effective may continue to use that exemption until the child 
        reaches one year of age. 
           (b) The provision in paragraph (a) ends the first full 
        month after the child reaches 12 weeks of age.  This provision 
        is available only once in a caregiver's lifetime.  In a 
        two-parent household, only one parent shall be allowed to use 
        this provision.  The participant and job counselor must meet 
        within ten days after the child reaches 12 weeks of age to 
        revise the participant's employment plan. 
           Sec. 15.  Minnesota Statutes 2004, section 256J.74, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SOCIAL SERVICES.] The county agency shall 
        refer a participant for social services that are offered in the 
        county of financial responsibility according to the criteria 
        established by that county agency under Minnesota Rules, parts 
        9550.0010 to 9550.0092.  A payment issued from federal funds 
        under title XX of the Social Security Act, state funds under the 
        Children and Community Social Services Act, federal or state 
        child welfare funds, or county funds in a payment month must not 
        restrict MFIP eligibility or reduce the monthly assistance 
        payment for that participant. 
           Sec. 16.  Minnesota Statutes 2004, 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. 17.  Minnesota Statutes 2004, section 256J.95, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DEFINITIONS.] The terms used in this section 
        have the following meanings. 
           (a) "Diversionary Work Program (DWP)" means the program 
        established under this section. 
           (b) "Employment plan" means a plan developed by the job 
        counselor and the participant which identifies the participant's 
        most direct path to unsubsidized employment, lists the specific 
        steps that the caregiver will take on that path, and includes a 
        timetable for the completion of each step.  For participants who 
        request and qualify for a family violence waiver in section 
        256J.521, subdivision 3, an employment plan must be developed by 
        the job counselor, the participant, and a person trained in 
        domestic violence and follow the employment plan provisions in 
        section 256J.521, subdivision 3.  Employment plans under this 
        section shall be written for a period of time not to exceed four 
        months. 
           (c) "Employment services" means programs, activities, and 
        services in this section that are designed to assist 
        participants in obtaining and retaining employment. 
           (d) "Family maintenance needs" means current housing costs 
        including rent; manufactured home lot rental costs, or monthly 
        principal, interest, insurance premiums, and property taxes due 
        for mortgages or contracts for deed; association fees required 
        for homeownership; utility costs for current month expenses of 
        gas and electric, garbage, water and sewer; and a flat rate of 
        $35 for telephone services. 
           (e) "Family unit" means a group of people applying for or 
        receiving DWP benefits together.  For the purposes of 
        determining eligibility for this program, the composition of the 
        family unit includes the relationships in is determined 
        according to section 256J.24, subdivisions 2 and 1 to 4. 
           (f) "Minnesota family investment program (MFIP)" means the 
        assistance program as defined in section 256J.08, subdivision 57.
           (g) "Personal needs allowance" means an allowance of up to 
        $70 per month per DWP unit member to pay for expenses such as 
        household products and personal products. 
           (h) "Work activities" means allowable work activities as 
        defined in section 256J.49, subdivision 13. 
           (i) "Caregiver" means the caregiver as defined in section 
        256J.08, subdivision 11. 
           Sec. 18.  Minnesota Statutes 2004, section 256J.95, 
        subdivision 6, is amended to read: 
           Subd. 6.  [INITIAL SCREENING OF APPLICATIONS.] Upon receipt 
        of the application, the county agency must determine if the 
        applicant may be eligible for other benefits as required in 
        sections 256J.09, subdivision 3a, and 256J.28, subdivisions 1 
        and 5.  The county must screen and the applicant must apply for 
        other benefits as required under section 256J.30, subdivision 
        2.  The county must also follow the provisions in section 
        256J.09, subdivision 3b, clause (2). 
           Sec. 19.  Minnesota Statutes 2004, 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 is a victim of family violence 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 3, 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. 20.  Minnesota Statutes 2004, section 256J.95, 
        subdivision 18, is amended to read: 
           Subd. 18.  [REINSTATEMENT FOLLOWING DISQUALIFICATION.] A 
        participant who has been disqualified from the diversionary work 
        program due to noncompliance with employment services may regain 
        eligibility for the diversionary work program by complying with 
        program requirements.  A participant who has been disqualified 
        from the diversionary work program due to noncooperation with 
        child support enforcement requirements may regain eligibility by 
        complying with child support requirements under section 
        256.741.  Once a participant has been reinstated, the county 
        shall issue prorated benefits for the remaining portion of the 
        month.  A family unit that has been disqualified from the 
        diversionary work program due to noncompliance shall not be 
        eligible for MFIP or any other TANF cash program during the 
        period of time the participant remains noncompliant for the 
        remainder of the four-month period.  In a two-parent family, 
        both parents must be in compliance before the family unit can 
        regain eligibility for benefits. 
           Sec. 21.  Minnesota Statutes 2004, section 256J.95, 
        subdivision 19, is amended to read: 
           Subd. 19.  [DWP OVERPAYMENTS AND UNDERPAYMENTS.] DWP 
        benefits are subject to overpayments and underpayments.  Anytime 
        an overpayment or an underpayment is determined for DWP, the 
        correction shall be 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 of 
        overpayments cannot be assigned to or from DWP. 
           Sec. 22.  Minnesota Statutes 2004, section 518.6111, 
        subdivision 7, is amended to read: 
           Subd. 7.  [SUBSEQUENT INCOME WITHHOLDING.] (a) This 
        subdivision applies to support orders that do not contain 
        provisions for income withholding. 
           (b) For cases in which the public authority is providing 
        child support enforcement services to the parties, the income 
        withholding under this subdivision shall take effect without 
        prior judicial notice to the obligor and without the need for 
        judicial or administrative hearing.  Withholding shall result 
        when: 
           (1) the obligor requests it in writing to the public 
        authority; 
           (2) the obligee or obligor serves on the public authority a 
        copy of the notice of income withholding, a copy of the court's 
        order, an application, and the fee to use the public authority's 
        collection services; or 
           (3) the public authority commences withholding according to 
        section 518.5513, subdivision 6 5, paragraph (a), clause (5).  
           (c) For cases in which the public authority is not 
        providing child support services to the parties, income 
        withholding under this subdivision shall take effect when an 
        obligee requests it by making a written motion to the court and 
        the court finds that previous support has not been paid on a 
        timely consistent basis or that the obligor has threatened 
        expressly or otherwise to stop or reduce payments. 
           (d) Within two days after the public authority commences 
        withholding under this subdivision, the public authority shall 
        send to the obligor at the obligor's last known address, notice 
        that withholding has commenced.  The notice shall include the 
        information provided to the payor of funds in the notice of 
        withholding. 
           Sec. 23.  Laws 1997, chapter 245, article 2, section 11, as 
        amended by Laws 2003, First Special Session chapter 14, article 
        10, section 7, and Laws 2004, chapter 288, article 4, section 
        60, is amended to read: 
           Sec. 11.  [FEDERAL FUNDS FOR VISITATION AND ACCESS.] 
           The commissioner of human services 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.  
        The commissioner 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 
        administer the funds for the activities allowed under federal 
        law.  The commissioner may distribute the funds on a competitive 
        basis and must monitor, evaluate, and report on the access and 
        visitation programs in accordance with any applicable 
        regulations. 
           Sec. 24.  [REVISOR'S INSTRUCTION.] 
           (a) The revisor of statutes shall change the term 
        "education" to "human services" in Minnesota Statutes, sections 
        119A.11, subdivision 6; 119A.17; 119B.011, subdivision 8; 
        119B.189, subdivisions 2, clause (3), and 4; 119B.19; and 
        119B.24. 
           (b) The revisor of statutes shall change the term 
        "Department of Human Services" to "Department of Education" and 
        "Department of Education" to "Department of Human Services" in 
        Minnesota Statutes, section 119A.04, subdivision 1. 
           (c) The revisor of statutes shall codify Laws 1997, chapter 
        162, article 3, section 7, and change "children, families, and 
        learning" to "human services" wherever it appears in section 7. 
           (d) The revisor of statutes shall renumber each section of 
        Minnesota Statutes specified in column A with the number 
        specified in column B.  The revisor shall make necessary 
        cross-reference changes consistent with the renumbering. 
            Column A                            Column B 
            13.319, subd. 5                     13.461, subd. 30 
            13.321, subd. 7, para. (b)          13.461, subd. 31 
            119A.10                             256E.20 
            119A.11                             256E.21 
            119A.12                             256E.22 
            119A.14                             256E.24 
            119A.15                             256E.25 
            119A.16                             256E.26 
            119A.17                             256E.27 
            119A.374                            256E.30 
            119A.375                            256E.31 
            119A.376                            256E.32 
            119A.43                             256E.33 
            119A.44                             256E.34 
            119A.445                            256E.35 
           (e) The revisor of statutes shall recodify any changes to 
        Minnesota Statutes, chapter 119A, that occur during the 2005 
        legislative session to comply with the changes specified in this 
        section.  If a new section or subdivision is added to chapter 
        119A that is a program administered by the commissioner of human 
        services, the revisor shall recodify that section or subdivision 
        in the appropriate section specified under paragraph (d), column 
        B. 

                                   ARTICLE 2 
                        HEALTH CARE AND CONTINUING CARE 
           Section 1.  Minnesota Statutes 2004, section 256B.04, 
        subdivision 14, is amended to read: 
           Subd. 14.  [COMPETITIVE BIDDING.] (a) When determined to be 
        effective, economical, and feasible, the commissioner may 
        utilize volume purchase through competitive bidding and 
        negotiation under the provisions of chapter 16C, to provide 
        items under the medical assistance program including but not 
        limited to the following: 
           (1) eyeglasses; 
           (2) oxygen.  The commissioner shall provide for oxygen 
        needed in an emergency situation on a short-term basis, until 
        the vendor can obtain the necessary supply from the contract 
        dealer; 
           (3) hearing aids and supplies; and 
           (4) durable medical equipment, including but not limited to:
           (a) (i) hospital beds; 
           (b) (ii) commodes; 
           (c) (iii) glide-about chairs; 
           (d) (iv) patient lift apparatus; 
           (e) (v) wheelchairs and accessories; 
           (f) (vi) oxygen administration equipment; 
           (g) (vii) respiratory therapy equipment; 
           (h) (viii) electronic diagnostic, therapeutic and life 
        support systems; 
           (5) special transportation services; and 
           (6) drugs. 
           (b) Rate changes under this chapter and chapters 256D and 
        256L do not affect contract payments under this subdivision 
        unless specifically identified. 
           Sec. 2.  Minnesota Statutes 2004, section 256B.056, 
        subdivision 1c, is amended to read: 
           Subd. 1c.  [FAMILIES WITH CHILDREN INCOME METHODOLOGY.] 
        (a)(1)  (Expired, 1Sp2003 c 14 art 12 s 17) 
           (2) For applications processed within one calendar month 
        prior to July 1, 2003, eligibility shall be determined by 
        applying the income standards and methodologies in effect prior 
        to July 1, 2003, for any months in the six-month budget period 
        before July 1, 2003, and the income standards and methodologies 
        in effect on July 1, 2003, for any months in the six-month 
        budget period on or after that date.  The income standards for 
        each month shall be added together and compared to the 
        applicant's total countable income for the six-month budget 
        period to determine eligibility. 
           (3) For children ages one through 18 whose eligibility is 
        determined under section 256B.057, subdivision 2, the following 
        deductions shall be applied to income counted toward the child's 
        eligibility as allowed under the state's AFDC plan in effect as 
        of July 16, 1996:  $90 work expense, dependent care, and child 
        support paid under court order.  This clause is effective 
        October 1, 2003. 
           (b) For families with children whose eligibility is 
        determined using the standard specified in section 256B.056, 
        subdivision 4, paragraph (c), 17 percent of countable earned 
        income shall be disregarded for up to four months and the 
        following deductions shall be applied to each individual's 
        income counted toward eligibility as allowed under the state's 
        AFDC plan in effect as of July 16, 1996:  dependent care and 
        child support paid under court order. 
           (c) If the four-month disregard in paragraph (b) has been 
        applied to the wage earner's income for four months, the 
        disregard shall not be applied again until the wage earner's 
        income has not been considered in determining medical assistance 
        eligibility for 12 consecutive months.  
           (d) The commissioner shall adjust the income standards 
        under this section each July 1 by the annual update of the 
        federal poverty guidelines following publication by the United 
        States Department of Health and Human Services. 
           Sec. 3.  Minnesota Statutes 2004, section 256B.0625, 
        subdivision 5, is amended to read: 
           Subd. 5.  [COMMUNITY MENTAL HEALTH CENTER SERVICES.] 
        Medical assistance covers community mental health center 
        services provided by a community mental health center that meets 
        the requirements in paragraphs (a) to (j). 
           (a) The provider is licensed under Minnesota Rules, parts 
        9520.0750 to 9520.0870.  
           (b) The provider provides mental health services under the 
        clinical supervision of a mental health professional who is 
        licensed for independent practice at the doctoral level or by a 
        board-certified psychiatrist or a psychiatrist who is eligible 
        for board certification.  Clinical supervision has the meaning 
        given in Minnesota Rules, part 9505.0323, subpart 1, item F.  
           (c) The provider must be a private nonprofit corporation or 
        a governmental agency and have a community board of directors as 
        specified by section 245.66.  
           (d) The provider must have a sliding fee scale that meets 
        the requirements in Minnesota Rules, part 9550.0060 section 
        245.481, and agree to serve within the limits of its capacity 
        all individuals residing in its service delivery area.  
           (e) At a minimum, the provider must provide the following 
        outpatient mental health services:  diagnostic assessment; 
        explanation of findings; family, group, and individual 
        psychotherapy, including crisis intervention psychotherapy 
        services, multiple family group psychotherapy, psychological 
        testing, and medication management.  In addition, the provider 
        must provide or be capable of providing upon request of the 
        local mental health authority day treatment services and 
        professional home-based mental health services.  The provider 
        must have the capacity to provide such services to specialized 
        populations such as the elderly, families with children, persons 
        who are seriously and persistently mentally ill, and children 
        who are seriously emotionally disturbed.  
           (f) The provider must be capable of providing the services 
        specified in paragraph (e) to individuals who are diagnosed with 
        both mental illness or emotional disturbance, and chemical 
        dependency, and to individuals dually diagnosed with a mental 
        illness or emotional disturbance and mental retardation or a 
        related condition.  
           (g) The provider must provide 24-hour emergency care 
        services or demonstrate the capacity to assist recipients in 
        need of such services to access such services on a 24-hour basis.
           (h) The provider must have a contract with the local mental 
        health authority to provide one or more of the services 
        specified in paragraph (e).  
           (i) The provider must agree, upon request of the local 
        mental health authority, to enter into a contract with the 
        county to provide mental health services not reimbursable under 
        the medical assistance program.  
           (j) The provider may not be enrolled with the medical 
        assistance program as both a hospital and a community mental 
        health center.  The community mental health center's 
        administrative, organizational, and financial structure must be 
        separate and distinct from that of the hospital. 
           Sec. 4.  Minnesota Statutes 2004, section 256B.0625, 
        subdivision 27, is amended to read: 
           Subd. 27.  [ORGAN AND TISSUE TRANSPLANTS.] Medical 
        assistance coverage for organ and tissue transplant procedures 
        is limited to those procedures covered by the Medicare program 
        or approved by the Advisory Committee on Organ and Tissue 
        Transplants.  All organ transplants must be performed at 
        transplant centers meeting united network for organ sharing 
        criteria or at Medicare-approved organ transplant centers.  Stem 
        cell or bone marrow transplant centers must meet the standards 
        established by the Foundation for the Accreditation of 
        Hematopoietic Cell Therapy or be approved by the Advisory 
        Committee on Organ and Tissue Transplants.  Transplant 
        procedures must comply with all applicable laws, rules, and 
        regulations governing (1) coverage by the Medicare program, (2) 
        federal financial participation by the Medicaid program, and (3) 
        coverage by the Minnesota medical assistance program.  
        Transplants performed out of Minnesota or the local trade area 
        must be prior authorized. 
           Sec. 5.  Minnesota Statutes 2004, section 256B.0911, 
        subdivision 6, is amended to read: 
           Subd. 6.  [PAYMENT FOR LONG-TERM CARE CONSULTATION 
        SERVICES.] (a) The total payment for each county must be paid 
        monthly by certified nursing facilities in the county.  The 
        monthly amount to be paid by each nursing facility for each 
        fiscal year must be determined by dividing the county's annual 
        allocation for long-term care consultation services by 12 to 
        determine the monthly payment and allocating the monthly payment 
        to each nursing facility based on the number of licensed beds in 
        the nursing facility.  Payments to counties in which there is no 
        certified nursing facility must be made by increasing the 
        payment rate of the two facilities located nearest to the county 
        seat. 
           (b) The commissioner shall include the total annual payment 
        determined under paragraph (a) for each nursing facility 
        reimbursed under section 256B.431 or 256B.434 according to 
        section 256B.431, subdivision 2b, paragraph (g), or 256B.435. 
           (c) In the event of the layaway, delicensure and 
        decertification, or removal from layaway of 25 percent or more 
        of the beds in a facility, the commissioner may adjust the per 
        diem payment amount in paragraph (b) and may adjust the monthly 
        payment amount in paragraph (a).  The effective date of an 
        adjustment made under this paragraph shall be on or after the 
        first day of the month following the effective date of the 
        layaway, delicensure and decertification, or removal from 
        layaway. 
           (d) Payments for long-term care consultation services are 
        available to the county or counties to cover staff salaries and 
        expenses to provide the services described in subdivision 1a.  
        The county shall employ, or contract with other agencies to 
        employ, within the limits of available funding, sufficient 
        personnel to provide long-term care consultation services while 
        meeting the state's long-term care outcomes and objectives as 
        defined in section 256B.0917, subdivision 1.  The county shall 
        be accountable for meeting local objectives as approved by the 
        commissioner in the CSSA biennial home and community based 
        services quality assurance plan on a form provided by the 
        commissioner. 
           (e) Notwithstanding section 256B.0641, overpayments 
        attributable to payment of the screening costs under the medical 
        assistance program may not be recovered from a facility.  
           (f) The commissioner of human services shall amend the 
        Minnesota medical assistance plan to include reimbursement for 
        the local consultation teams. 
           (g) The county may bill, as case management services, 
        assessments, support planning, and follow-along provided to 
        persons determined to be eligible for case management under 
        Minnesota health care programs.  No individual or family member 
        shall be charged for an initial assessment or initial support 
        plan development provided under subdivision 3a or 3b. 
           Sec. 6.  Minnesota Statutes 2004, section 256B.0913, 
        subdivision 13, is amended to read: 
           Subd. 13.  [COUNTY BIENNIAL PLAN.] The county biennial plan 
        for long-term care consultation services under section 
        256B.0911, the alternative care program under this section, and 
        waivers for the elderly under section 256B.0915, shall be 
        incorporated into the biennial Community Social Services Act 
        plan and shall meet the regulations and timelines of 
        that submitted by the lead agency as the home and community 
        based services quality assurance plan on a form provided by the 
        commissioner.  
           Sec. 7.  Minnesota Statutes 2004, section 256B.092, 
        subdivision 1f, is amended to read: 
           Subd. 1f.  [COUNTY WAITING LIST.] The county agency shall 
        maintain a waiting list of persons with developmental 
        disabilities specifying the services needed but not provided.  
        This waiting list shall be used by county agencies to assist 
        them in developing needed services or amending their children 
        and community social services plan service agreements. 
           Sec. 8.  Minnesota Statutes 2004, section 256B.094, 
        subdivision 8, is amended to read: 
           Subd. 8.  [PAYMENT LIMITATION.] Services that are not 
        eligible for payment as a child welfare targeted case management 
        service include, but are not limited to:  
           (1) assessments prior to opening a case; 
           (2) therapy and treatment services; 
           (3) legal services, including legal advocacy, for the 
        client; 
           (4) information and referral services that are part of a 
        county's community social services plan, that are not provided 
        to an eligible recipient; 
           (5) outreach services including outreach services provided 
        through the community support services program; 
           (6) services that are not documented as required under 
        subdivision 7 and Minnesota Rules, parts 9505.2165 and 
        9505.2175; 
           (7) services that are otherwise eligible for payment on a 
        separate schedule under rules of the Department of Human 
        Services; 
           (8) services to a client that duplicate the same case 
        management service from another case manager; 
           (9) case management services provided to patients or 
        residents in a medical assistance facility except as described 
        under subdivision 2, clause (9); and 
           (10) for children in foster care, group homes, or 
        residential care, payment for case management services is 
        limited to case management services that focus on permanency 
        planning or return to the family home and that do not duplicate 
        the facility's discharge planning services. 
           Sec. 9.  Minnesota Statutes 2004, section 256B.0943, 
        subdivision 6, is amended to read: 
           Subd. 6.  [PROVIDER ENTITY CLINICAL INFRASTRUCTURE 
        REQUIREMENTS.] (a) To be an eligible provider entity under this 
        section, a provider entity must have a clinical infrastructure 
        that utilizes diagnostic assessment, an individualized treatment 
        plan, service delivery, and individual treatment plan review 
        that are culturally competent, child-centered, and family-driven 
        to achieve maximum benefit for the client.  The provider entity 
        must review and update the clinical policies and procedures 
        every three years and must distribute the policies and 
        procedures to staff initially and upon each subsequent update. 
           (b) The clinical infrastructure written policies and 
        procedures must include policies and procedures for: 
           (1) providing or obtaining a client's diagnostic assessment 
        that identifies acute and chronic clinical disorders, 
        co-occurring medical conditions, sources of psychological and 
        environmental problems, and a functional assessment.  The 
        functional assessment must clearly summarize the client's 
        individual strengths and needs; 
           (2) developing an individual treatment plan that is:  
           (i) based on the information in the client's diagnostic 
        assessment; 
           (ii) developed no later than the end of the first 
        psychotherapy session after the completion of the client's 
        diagnostic assessment by the mental health professional who 
        provides the client's psychotherapy; 
           (iii) developed through a child-centered, family-driven 
        planning process that identifies service needs and 
        individualized, planned, and culturally appropriate 
        interventions that contain specific treatment goals and 
        objectives for the client and the client's family or foster 
        family; 
           (iv) reviewed at least once every 90 days and revised, if 
        necessary; and 
           (v) signed by the client or, if appropriate, by the 
        client's parent or other person authorized by statute to consent 
        to mental health services for the client; 
           (3) developing an individual behavior plan that documents 
        services to be provided by the mental health behavioral aide.  
        The individual behavior plan must include:  
           (i) detailed instructions on the service to be provided; 
           (ii) time allocated to each service; 
           (iii) methods of documenting the child's behavior; 
           (iv) methods of monitoring the child's progress in reaching 
        objectives; and 
           (v) goals to increase or decrease targeted behavior as 
        identified in the individual treatment plan; 
           (4) clinical supervision of the mental health practitioner 
        and mental health behavioral aide.  A mental health professional 
        must document the clinical supervision the professional provides 
        by cosigning individual treatment plans and making entries in 
        the client's record on supervisory activities.  Clinical 
        supervision does not include the authority to make or terminate 
        court-ordered placements of the child.  A clinical supervisor 
        must be available for urgent consultation as required by the 
        individual client's needs or the situation.  Clinical 
        supervision may occur individually or in a small group to 
        discuss treatment and review progress toward goals.  The focus 
        of clinical supervision must be the client's treatment needs and 
        progress and the mental health practitioner's or behavioral 
        aide's ability to provide services; 
           (4a) CTSS certified provider entities providing day 
        treatment programs must meet the conditions in items (i) to 
        (iii): 
           (i) the provider must be present and available on the 
        premises more than 50 percent of the time in a five-working-day 
        period during which the supervisee is providing a mental health 
        service; 
           (ii) the diagnosis and the client's individual treatment 
        plan or a change in the diagnosis or individual treatment plan 
        must be made by or reviewed, approved, and signed by the 
        provider; and 
           (iii) every 30 days, the supervisor must review and sign 
        the record of the client's care for all activities in the 
        preceding 30-day period; 
           (4b) for all other services provided under CTSS, clinical 
        supervision standards provided in items (i) to (iii) must be 
        used: 
           (i) medical assistance shall reimburse a mental health 
        practitioner who maintains a consulting relationship with a 
        mental health professional who accepts full professional 
        responsibility and is present on-site for at least one 
        observation during the first 12 hours in which the mental health 
        practitioner provides the individual, family, or group skills 
        training to the child or the child's family; 
           (ii) thereafter, the mental health professional is required 
        to be present on-site for observation as clinically appropriate 
        when the mental health practitioner is providing individual, 
        family, or group skills training to the child or the child's 
        family; and 
           (iii) the observation must be a minimum of one clinical 
        unit.  The on-site presence of the mental health professional 
        must be documented in the child's record and signed by the 
        mental health professional who accepts full professional 
        responsibility; 
           (5) providing direction to a mental health behavioral 
        aide.  For entities that employ mental health behavioral aides, 
        the clinical supervisor must be employed by the provider 
        entity or other certified children's therapeutic supports and 
        services provider entity to ensure necessary and appropriate 
        oversight for the client's treatment and continuity of care.  
        The mental health professional or mental health practitioner 
        giving direction must begin with the goals on the individualized 
        treatment plan, and instruct the mental health behavioral aide 
        on how to construct therapeutic activities and interventions 
        that will lead to goal attainment.  The professional or 
        practitioner giving direction must also instruct the mental 
        health behavioral aide about the client's diagnosis, functional 
        status, and other characteristics that are likely to affect 
        service delivery.  Direction must also include determining that 
        the mental health behavioral aide has the skills to interact 
        with the client and the client's family in ways that convey 
        personal and cultural respect and that the aide actively 
        solicits information relevant to treatment from the family.  The 
        aide must be able to clearly explain the activities the aide is 
        doing with the client and the activities' relationship to 
        treatment goals.  Direction is more didactic than is supervision 
        and requires the professional or practitioner providing it to 
        continuously evaluate the mental health behavioral aide's 
        ability to carry out the activities of the individualized 
        treatment plan and the individualized behavior plan.  When 
        providing direction, the professional or practitioner must:  
           (i) review progress notes prepared by the mental health 
        behavioral aide for accuracy and consistency with diagnostic 
        assessment, treatment plan, and behavior goals and the 
        professional or practitioner must approve and sign the progress 
        notes; 
           (ii) identify changes in treatment strategies, revise the 
        individual behavior plan, and communicate treatment instructions 
        and methodologies as appropriate to ensure that treatment is 
        implemented correctly; 
           (iii) demonstrate family-friendly behaviors that support 
        healthy collaboration among the child, the child's family, and 
        providers as treatment is planned and implemented; 
           (iv) ensure that the mental health behavioral aide is able 
        to effectively communicate with the child, the child's family, 
        and the provider; and 
           (v) record the results of any evaluation and corrective 
        actions taken to modify the work of the mental health behavioral 
        aide; 
           (6) providing service delivery that implements the 
        individual treatment plan and meets the requirements under 
        subdivision 9; and 
           (7) individual treatment plan review.  The review must 
        determine the extent to which the services have met the goals 
        and objectives in the previous treatment plan.  The review must 
        assess the client's progress and ensure that services and 
        treatment goals continue to be necessary and appropriate to the 
        client and the client's family or foster family.  Revision of 
        the individual treatment plan does not require a new diagnostic 
        assessment unless the client's mental health status has changed 
        markedly.  The updated treatment plan must be signed by the 
        client, if appropriate, and by the client's parent or other 
        person authorized by statute to give consent to the mental 
        health services for the child. 
           Sec. 10.  Minnesota Statutes 2004, section 256B.0943, 
        subdivision 12, is amended to read: 
           Subd. 12.  [EXCLUDED SERVICES.] The following services are 
        not eligible for medical assistance payment as children's 
        therapeutic services and supports: 
           (1) service components of children's therapeutic services 
        and supports simultaneously provided by more than one provider 
        entity unless prior authorization is obtained; 
           (2) children's therapeutic services and supports provided 
        in violation of medical assistance policy in Minnesota Rules, 
        part 9505.0220; 
           (3) mental health behavioral aide services provided by a 
        personal care assistant who is not qualified as a mental health 
        behavioral aide and employed by a certified children's 
        therapeutic services and supports provider entity; 
           (4) services service components of CTSS that are the 
        responsibility of a residential or program license holder, 
        including foster care providers under the terms of a service 
        agreement or administrative rules governing licensure; and 
           (5) adjunctive activities that may be offered by a provider 
        entity but are not otherwise covered by medical assistance, 
        including: 
           (i) a service that is primarily recreation oriented or that 
        is provided in a setting that is not medically supervised.  This 
        includes sports activities, exercise groups, activities such as 
        craft hours, leisure time, social hours, meal or snack time, 
        trips to community activities, and tours; 
           (ii) a social or educational service that does not have or 
        cannot reasonably be expected to have a therapeutic outcome 
        related to the client's emotional disturbance; 
           (iii) consultation with other providers or service agency 
        staff about the care or progress of a client; 
           (iv) prevention or education programs provided to the 
        community; and 
           (v) treatment for clients with primary diagnoses of alcohol 
        or other drug abuse. 
           Sec. 11.  Minnesota Statutes 2004, section 256B.0943, 
        subdivision 13, is amended to read: 
           Subd. 13.  [EXCEPTION TO EXCLUDED SERVICES.] 
        Notwithstanding subdivision 12, up to 15 hours of children's 
        therapeutic services and supports provided within a six-month 
        period to a child with severe emotional disturbance who is 
        residing in a hospital; a group home as defined in Minnesota 
        Rules, part 9560.0520, subpart 4 parts 2960.0130 to 2960.0220; a 
        residential treatment facility licensed under Minnesota Rules, 
        parts 9545.0900 to 9545.1090 2960.0580 to 2960.0690; a regional 
        treatment center; or other institutional group setting or who is 
        participating in a program of partial hospitalization are 
        eligible for medical assistance payment if part of the discharge 
        plan. 
           Sec. 12.  Minnesota Statutes 2004, section 256B.503, is 
        amended to read: 
           256B.503 [RULES.] 
           To implement Laws 1983, chapter 312, article 9, sections 1 
        to 7, the commissioner shall promulgate rules.  Rules adopted to 
        implement Laws 1983, chapter 312, article 9, section 5, must (a) 
        be in accord with the provisions of Minnesota Statutes, chapter 
        256E, (b) set standards for case management which include, 
        encourage, and enable flexible administration, (c) (b) require 
        the county boards to develop individualized procedures governing 
        case management activities, (d) (c) consider criteria 
        promulgated under section 256B.092, subdivision 3, and the 
        federal waiver plan, (e) (d) identify cost implications to the 
        state and to county boards, and (f) (e) require the screening 
        teams to make recommendations to the county case manager for 
        development of the individual service plan. 
           The commissioner shall adopt rules to implement this 
        section by July 1, 1986.  
           Sec. 13.  Minnesota Statutes 2004, section 256B.75, is 
        amended to read: 
           256B.75 [HOSPITAL OUTPATIENT REIMBURSEMENT.] 
           (a) For outpatient hospital facility fee payments for 
        services rendered on or after October 1, 1992, the commissioner 
        of human services shall pay the lower of (1) submitted charge, 
        or (2) 32 percent above the rate in effect on June 30, 1992, 
        except for those services for which there is a federal maximum 
        allowable payment.  Effective for services rendered on or after 
        January 1, 2000, payment rates for nonsurgical outpatient 
        hospital facility fees and emergency room facility fees shall be 
        increased by eight percent over the rates in effect on December 
        31, 1999, except for those services for which there is a federal 
        maximum allowable payment.  Services for which there is a 
        federal maximum allowable payment shall be paid at the lower of 
        (1) submitted charge, or (2) the federal maximum allowable 
        payment.  Total aggregate payment for outpatient hospital 
        facility fee services shall not exceed the Medicare upper 
        limit.  If it is determined that a provision of this section 
        conflicts with existing or future requirements of the United 
        States government with respect to federal financial 
        participation in medical assistance, the federal requirements 
        prevail.  The commissioner may, in the aggregate, prospectively 
        reduce payment rates to avoid reduced federal financial 
        participation resulting from rates that are in excess of the 
        Medicare upper limitations. 
           (b) Notwithstanding paragraph (a), payment for outpatient, 
        emergency, and ambulatory surgery hospital facility fee services 
        for critical access hospitals designated under section 144.1483, 
        clause (11) (10), shall be paid on a cost-based payment system 
        that is based on the cost-finding methods and allowable costs of 
        the Medicare program. 
           (c) Effective for services provided on or after July 1, 
        2003, rates that are based on the Medicare outpatient 
        prospective payment system shall be replaced by a budget neutral 
        prospective payment system that is derived using medical 
        assistance data.  The commissioner shall provide a proposal to 
        the 2003 legislature to define and implement this provision. 
           (d) For fee-for-service services provided on or after July 
        1, 2002, the total payment, before third-party liability and 
        spenddown, made to hospitals for outpatient hospital facility 
        services is reduced by .5 percent from the current statutory 
        rate. 
           (e) In addition to the reduction in paragraph (d), the 
        total payment for fee-for-service services provided on or after 
        July 1, 2003, made to hospitals for outpatient hospital facility 
        services before third-party liability and spenddown, is reduced 
        five percent from the current statutory rates.  Facilities 
        defined under section 256.969, subdivision 16, are excluded from 
        this paragraph. 
           Sec. 14.  Minnesota Statutes 2004, 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; or 
           (iii) the commissioner shall adjust the income standards 
        under this section each July 1 by the annual update of the 
        federal poverty guidelines following publication by the United 
        States Department of Health and Human Services. 
           (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.  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. 15.  Minnesota Statutes 2004, section 256L.01, 
        subdivision 3a, is amended to read: 
           Subd. 3a.  [FAMILY WITH CHILDREN.] (a) "Family with 
        children" means: 
           (1) parents, and their children, and dependent siblings 
        residing in the same household; or 
           (2) grandparents, foster parents, relative caretakers as 
        defined in the medical assistance program, or legal 
        guardians; and their wards who are children; and dependent 
        siblings residing in the same household.  
           (b) The term includes children and dependent siblings who 
        are temporarily absent from the household in settings such as 
        schools, camps, or parenting time with noncustodial parents.  
           (c) For purposes of this subdivision, a dependent sibling 
        means an unmarried child who is a full-time student under the 
        age of 25 years who is financially dependent upon a parent, 
        grandparent, foster parent, relative caretaker, or legal 
        guardian.  Proof of school enrollment is required. 
           Sec. 16.  Minnesota Statutes 2004, section 256L.04, is 
        amended by adding a subdivision to read: 
           Subd. 7b.  [ANNUAL INCOME LIMITS ADJUSTMENT.] The 
        commissioner shall adjust the income limits under this section 
        each July 1 by the annual update of the federal poverty 
        guidelines following publication by the United States Department 
        of Health and Human Services. 
           Sec. 17.  Minnesota Statutes 2004, section 626.557, 
        subdivision 12b, is amended to read: 
           Subd. 12b.  [DATA MANAGEMENT.] (a)  [COUNTY DATA.] In 
        performing any of the duties of this section as a lead agency, 
        the county social service agency shall maintain appropriate 
        records.  Data collected by the county social service agency 
        under this section are welfare data under section 13.46.  
        Notwithstanding section 13.46, subdivision 1, paragraph (a), 
        data under this paragraph that are inactive investigative data 
        on an individual who is a vendor of services are private data on 
        individuals, as defined in section 13.02.  The identity of the 
        reporter may only be disclosed as provided in paragraph (c). 
           Data maintained by the common entry point are confidential 
        data on individuals or protected nonpublic data as defined in 
        section 13.02.  Notwithstanding section 138.163, the common 
        entry point shall destroy data three calendar years after date 
        of receipt. 
           (b)  [LEAD AGENCY DATA.] The commissioners of health and 
        human services shall prepare an investigation memorandum for 
        each report alleging maltreatment investigated under this 
        section.  County social service agencies must maintain private 
        data on individuals but are not required to prepare an 
        investigation memorandum.  During an investigation by the 
        commissioner of health or the commissioner of human services, 
        data collected under this section are confidential data on 
        individuals or protected nonpublic data as defined in section 
        13.02.  Upon completion of the investigation, the data are 
        classified as provided in clauses (1) to (3) and paragraph (c). 
           (1) The investigation memorandum must contain the following 
        data, which are public: 
           (i) the name of the facility investigated; 
           (ii) a statement of the nature of the alleged maltreatment; 
           (iii) pertinent information obtained from medical or other 
        records reviewed; 
           (iv) the identity of the investigator; 
           (v) a summary of the investigation's findings; 
           (vi) statement of whether the report was found to be 
        substantiated, inconclusive, false, or that no determination 
        will be made; 
           (vii) a statement of any action taken by the facility; 
           (viii) a statement of any action taken by the lead agency; 
        and 
           (ix) when a lead agency's determination has substantiated 
        maltreatment, a statement of whether an individual, individuals, 
        or a facility were responsible for the substantiated 
        maltreatment, if known. 
           The investigation memorandum must be written in a manner 
        which protects the identity of the reporter and of the 
        vulnerable adult and may not contain the names or, to the extent 
        possible, data on individuals or private data listed in clause 
        (2). 
           (2) Data on individuals collected and maintained in the 
        investigation memorandum are private data, including: 
           (i) the name of the vulnerable adult; 
           (ii) the identity of the individual alleged to be the 
        perpetrator; 
           (iii) the identity of the individual substantiated as the 
        perpetrator; and 
           (iv) the identity of all individuals interviewed as part of 
        the investigation. 
           (3) Other data on individuals maintained as part of an 
        investigation under this section are private data on individuals 
        upon completion of the investigation. 
           (c)  [IDENTITY OF REPORTER.] The subject of the report may 
        compel disclosure of the name of the reporter only with the 
        consent of the reporter or upon a written finding by a court 
        that the report was false and there is evidence that the report 
        was made in bad faith.  This subdivision does not alter 
        disclosure responsibilities or obligations under the Rules of 
        Criminal Procedure, except that where the identity of the 
        reporter is relevant to a criminal prosecution, the district 
        court shall do an in-camera review prior to determining whether 
        to order disclosure of the identity of the reporter. 
           (d)  [DESTRUCTION OF DATA.] Notwithstanding section 
        138.163, data maintained under this section by the commissioners 
        of health and human services must be destroyed under the 
        following schedule: 
           (1) data from reports determined to be false, two years 
        after the finding was made; 
           (2) data from reports determined to be inconclusive, four 
        years after the finding was made; 
           (3) data from reports determined to be substantiated, seven 
        years after the finding was made; and 
           (4) data from reports which were not investigated by a lead 
        agency and for which there is no final disposition, two years 
        from the date of the report. 
           (e)  [SUMMARY OF REPORTS.] The commissioners of health and 
        human services shall each annually report to the legislature and 
        the governor on the number and type of reports of alleged 
        maltreatment involving licensed facilities reported under this 
        section, the number of those requiring investigation under this 
        section, and the resolution of those investigations.  The report 
        shall identify: 
           (1) whether and where backlogs of cases result in a failure 
        to conform with statutory time frames; 
           (2) where adequate coverage requires additional 
        appropriations and staffing; and 
           (3) any other trends that affect the safety of vulnerable 
        adults. 
           (f)  [RECORD RETENTION POLICY.] Each lead agency must have 
        a record retention policy. 
           (g)  [EXCHANGE OF INFORMATION.] Lead agencies, prosecuting 
        authorities, and law enforcement agencies may exchange not 
        public data, as defined in section 13.02, if the agency or 
        authority requesting the data determines that the data are 
        pertinent and necessary to the requesting agency in initiating, 
        furthering, or completing an investigation under this section.  
        Data collected under this section must be made available to 
        prosecuting authorities and law enforcement officials, local 
        county agencies, and licensing agencies investigating the 
        alleged maltreatment under this section.  The lead agency shall 
        exchange not public data with the vulnerable adult maltreatment 
        review panel established in section 256.021 if the data are 
        pertinent and necessary for a review requested under that 
        section.  Upon completion of the review, not public data 
        received by the review panel must be returned to the lead agency.
           (h)  [COMPLETION TIME.] Each lead agency shall keep records 
        of the length of time it takes to complete its investigations. 
           (i)  [NOTIFICATION OF OTHER AFFECTED PARTIES.] A lead 
        agency may notify other affected parties and their authorized 
        representative if the agency has reason to believe maltreatment 
        has occurred and determines the information will safeguard the 
        well-being of the affected parties or dispel widespread rumor or 
        unrest in the affected facility. 
           (j)  [FEDERAL REQUIREMENTS.] Under any notification 
        provision of this section, where federal law specifically 
        prohibits the disclosure of patient identifying information, a 
        lead agency may not provide any notice unless the vulnerable 
        adult has consented to disclosure in a manner which conforms to 
        federal requirements. 
           Sec. 18.  [REPEALER.] 
           (a) Minnesota Statutes 2004, sections 119A.01, subdivision 
        3; 119A.20; 119A.21; 119A.22; 119A.35; 119B.21, subdivision 11; 
        256.014, subdivision 3; 256.045, subdivision 3c; 256B.0629, 
        subdivisions 1, 2, and 4; and 256J.95, subdivision 20, are 
        repealed. 
           (b) Laws 1998, chapter 407, article 4, section 63, is 
        repealed. 

                                   ARTICLE 3 
                                 MISCELLANEOUS 
           Section 1.  Minnesota Statutes 2004, section 245.463, 
        subdivision 2, is amended to read: 
           Subd. 2.  [TECHNICAL ASSISTANCE.] The commissioner shall 
        provide ongoing technical assistance to county boards to develop 
        the adult mental health component of the community social 
        services plan to improve system capacity and quality.  The 
        commissioner and county boards shall exchange information as 
        needed about the numbers of adults with mental illness residing 
        in the county and extent of existing treatment components 
        locally available to serve the needs of those persons.  County 
        boards shall cooperate with the commissioner in obtaining 
        necessary planning information upon request.  
           Sec. 2.  Minnesota Statutes 2004, section 245.464, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COORDINATION.] The commissioner shall 
        supervise the development and coordination of locally available 
        adult mental health services by the county boards in a manner 
        consistent with sections 245.461 to 245.486.  The commissioner 
        shall coordinate locally available services with those services 
        available from the regional treatment center serving the area 
        including state-operated services offered at sites outside of 
        the regional treatment centers.  The commissioner shall review 
        the adult mental health component of the community social 
        services plan developed by county boards as specified in section 
        245.463 and provide technical assistance to county boards in 
        developing and maintaining locally available mental health 
        services.  The commissioner shall monitor the county board's 
        progress in developing its full system capacity and quality 
        through ongoing review of the county board's adult mental health 
        component of the community social services plan and other 
        information as required by sections 245.461 to 245.486. 
           Sec. 3.  Minnesota Statutes 2004, section 245.465, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SPEND ACCORDING TO PLAN; OTHER LISTED 
        DUTIES.] 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 the biennial mental 
        health component of the county's community social services plan 
        as approved by the commissioner.  The county board must: 
           (1) develop and coordinate a system of affordable and 
        locally available adult mental health services in accordance 
        with sections 245.461 to 245.486; 
           (2) with the involvement of the local adult mental health 
        advisory council or the adult mental health subcommittee of an 
        existing advisory council, develop a biennial adult mental 
        health component of the community social services plan which 
        considers the assessment of unmet needs in the county as 
        reported by the local adult mental health advisory council under 
        section 245.466, subdivision 5, clause (3).  The county shall 
        provide, upon request of the local adult mental health advisory 
        council, readily available data to assist in the determination 
        of unmet needs; 
           (3) provide for case management services to adults with 
        serious and persistent mental illness in accordance with 
        sections 245.462, subdivisions 3 and 4; 245.4711; and 245.486; 
           (4) provide for screening of adults specified in section 
        245.476 upon admission to a residential treatment facility or 
        acute care hospital inpatient, or informal admission to a 
        regional treatment center; 
           (5) prudently administer grants and purchase-of-service 
        contracts that the county board determines are necessary to 
        fulfill its responsibilities under sections 245.461 to 245.486; 
        and 
           (6) assure that mental health professionals, mental health 
        practitioners, and case managers employed by or under contract 
        with the county to provide mental health services have 
        experience and training in working with adults with mental 
        illness. 
           Sec. 4.  Minnesota Statutes 2004, section 245.466, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEVELOPMENT OF SERVICES.] The county board 
        in each county is responsible for using all available resources 
        to develop and coordinate a system of locally available and 
        affordable adult mental health services.  The county board may 
        provide some or all of the mental health services and activities 
        specified in subdivision 2 directly through a county agency or 
        under contracts with other individuals or agencies.  A county or 
        counties may enter into an agreement with a regional treatment 
        center under section 246.57 or with any state facility or 
        program as defined in section 246.50, subdivision 3, to enable 
        the county or counties to provide the treatment services in 
        subdivision 2.  Services provided through an agreement between a 
        county and a regional treatment center must meet the same 
        requirements as services from other service providers.  County 
        boards shall demonstrate their continuous progress toward full 
        implementation of sections 245.461 to 245.486 during the period 
        July 1, 1987, to January 1, 1990.  County boards must develop 
        fully each of the treatment services and management activities 
        prescribed by sections 245.461 to 245.486 by January 1, 1990, 
        according to the priorities established in section 245.464 and 
        the adult mental health component of the community social 
        services plan approved by the commissioner. 
           Sec. 5.  Minnesota Statutes 2004, section 245.466, 
        subdivision 5, is amended to read: 
           Subd. 5.  [LOCAL ADVISORY COUNCIL.] The county board, 
        individually or in conjunction with other county boards, shall 
        establish a local adult mental health advisory council or mental 
        health subcommittee of an existing advisory council.  The 
        council's members must reflect a broad range of community 
        interests.  They must include at least one consumer, one family 
        member of an adult with mental illness, one mental health 
        professional, and one community support services program 
        representative.  The local adult mental health advisory council 
        or mental health subcommittee of an existing advisory council 
        shall meet at least quarterly to review, evaluate, and make 
        recommendations regarding the local mental health system.  
        Annually, the local adult mental health advisory council or 
        mental health subcommittee of an existing advisory council shall:
           (1) arrange for input from the regional treatment center's 
        mental illness program unit regarding coordination of care 
        between the regional treatment center and community-based 
        services; 
           (2) identify for the county board the individuals, 
        providers, agencies, and associations as specified in section 
        245.462, subdivision 10; 
           (3) provide to the county board a report of unmet mental 
        health needs of adults residing in the county to be included in 
        the county's biennial mental health component of the community 
        social services plan, and participate in developing the mental 
        health component of the plan; and 
           (4) coordinate its review, evaluation, and recommendations 
        regarding the local mental health system with the state advisory 
        council on mental health.  
           The county board shall consider the advice of its local 
        mental health advisory council or mental health subcommittee of 
        an existing advisory council in carrying out its authorities and 
        responsibilities.  
           Sec. 6.  Minnesota Statutes 2004, section 245.4661, 
        subdivision 7, is amended to read: 
           Subd. 7.  [DUTIES OF COUNTY BOARD.] The county board, or 
        other entity which is approved to administer a pilot project, 
        shall: 
           (1) administer the project in a manner which is consistent 
        with the objectives described in subdivision 2 and the planning 
        process described in subdivision 5; 
           (2) assure that no one is denied services for which they 
        would otherwise be eligible; and 
           (3) provide the commissioner of human services with timely 
        and pertinent information through the following methods: 
           (i) submission of community social services act mental 
        health plans and plan amendments which are based on a format and 
        timetable determined by the commissioner; 
           (ii) submission of social services expenditure and grant 
        reconciliation reports, based on a coding format to be 
        determined by mutual agreement between the project's managing 
        entity and the commissioner; and 
           (iii) submission of data and participation in an evaluation 
        of the pilot projects, to be designed cooperatively by the 
        commissioner and the projects. 
           Sec. 7.  Minnesota Statutes 2004, section 245.483, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FUNDS NOT PROPERLY USED.] If the 
        commissioner determines that a county is not meeting the 
        requirements of sections 245.461 to 245.486 and 245.487 to 
        245.4887, or that funds are not being used according to the 
        approved biennial mental health component of the community 
        social services plan, all or part of the mental health and 
        Community Social Services Act funds may be terminated upon 30 
        days' notice to the county board.  The commissioner may require 
        repayment of any funds not used according to the approved 
        biennial mental health component of the community social 
        services plan.  If the commissioner receives a written appeal 
        from the county board within the 30-day period, opportunity for 
        a hearing under the Minnesota Administrative Procedure Act, 
        chapter 14, must be provided before the allocation is terminated 
        or is required to be repaid.  The 30-day period begins when the 
        county board receives the commissioner's notice by certified 
        mail. 
           Sec. 8.  Minnesota Statutes 2004, section 245.483, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DELAYED PAYMENTS.] If the commissioner finds 
        that a county board or its contractors are not in compliance 
        with the approved biennial mental health component of the 
        community social services plan or sections 245.461 to 245.486 
        and 245.487 to 245.4887, the commissioner may delay payment of 
        all or part of the quarterly mental health and Community Social 
        Service Act funds until the county board and its contractors 
        meet the requirements.  The commissioner shall not delay a 
        payment longer than three months without first issuing a notice 
        under subdivision 2 that all or part of the allocation will be 
        terminated or required to be repaid.  After this notice is 
        issued, the commissioner may continue to delay the payment until 
        completion of the hearing in subdivision 2. 
           Sec. 9.  Minnesota Statutes 2004, section 245.4872, 
        subdivision 2, is amended to read: 
           Subd. 2.  [TECHNICAL ASSISTANCE.] The commissioner shall 
        provide ongoing technical assistance to county boards to develop 
        the children's mental health component of the community social 
        services plan to improve system capacity and quality.  The 
        commissioner and county boards shall exchange information as 
        needed about the numbers of children with emotional disturbances 
        residing in the county and the extent of existing treatment 
        components locally available to serve the needs of those 
        persons.  County boards shall cooperate with the commissioner in 
        obtaining necessary planning information upon request.  
           Sec. 10.  Minnesota Statutes 2004, section 245.4873, 
        subdivision 5, is amended to read: 
           Subd. 5.  [DUTIES OF THE COMMISSIONER.] The commissioner 
        shall supervise the development and coordination of locally 
        available children's mental health services by the county boards 
        in a manner consistent with sections 245.487 to 245.4887.  The 
        commissioner shall review the children's mental health component 
        of the community social services plan developed by county boards 
        as specified in section 245.4872 and provide technical 
        assistance to county boards in developing and maintaining 
        locally available and coordinated children's mental health 
        services.  The commissioner shall monitor the county board's 
        progress in developing its full system capacity and quality 
        through ongoing review of the county board's children's mental 
        health proposals and other information as required by sections 
        245.487 to 245.4887. 
           Sec. 11.  Minnesota Statutes 2004, 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 consider 
        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. 12.  Minnesota Statutes 2004, section 245.4875, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEVELOPMENT OF CHILDREN'S SERVICES.] The 
        county board in each county is responsible for using all 
        available resources to develop and coordinate a system of 
        locally available and affordable children's mental health 
        services.  The county board may provide some or all of the 
        children's mental health services and activities specified in 
        subdivision 2 directly through a county agency or under 
        contracts with other individuals or agencies.  A county or 
        counties may enter into an agreement with a regional treatment 
        center under section 246.57 to enable the county or counties to 
        provide the treatment services in subdivision 2.  Services 
        provided through an agreement between a county and a regional 
        treatment center must meet the same requirements as services 
        from other service providers.  County boards shall demonstrate 
        their continuous progress toward fully implementing sections 
        245.487 to 245.4887 during the period July 1, 1989, to January 
        1, 1992.  County boards must develop fully each of the treatment 
        services prescribed by sections 245.487 to 245.4887 by January 
        1, 1992, according to the priorities established in section 
        245.4873 and the children's mental health component of the 
        community social services plan approved by the commissioner 
        under section 245.4887. 
           Sec. 13.  Minnesota Statutes 2004, section 245.4875, 
        subdivision 5, is amended to read: 
           Subd. 5.  [LOCAL CHILDREN'S ADVISORY COUNCIL.] (a) By 
        October 1, 1989, the county board, individually or in 
        conjunction with other county boards, shall establish a local 
        children's mental health advisory council or children's mental 
        health subcommittee of the existing local mental health advisory 
        council or shall include persons on its existing mental health 
        advisory council who are representatives of children's mental 
        health interests.  The following individuals must serve on the 
        local children's mental health advisory council, the children's 
        mental health subcommittee of an existing local mental health 
        advisory council, or be included on an existing mental health 
        advisory council:  (1) at least one person who was in a mental 
        health program as a child or adolescent; (2) at least one parent 
        of a child or adolescent with severe emotional disturbance; (3) 
        one children's mental health professional; (4) representatives 
        of minority populations of significant size residing in the 
        county; (5) a representative of the children's mental health 
        local coordinating council; and (6) one family community support 
        services program representative. 
           (b) The local children's mental health advisory council or 
        children's mental health subcommittee of an existing advisory 
        council shall seek input from parents, former consumers, 
        providers, and others about the needs of children with emotional 
        disturbance in the local area and services needed by families of 
        these children, and shall meet monthly, unless otherwise 
        determined by the council or subcommittee, but not less than 
        quarterly, to review, evaluate, and make recommendations 
        regarding the local children's mental health system.  Annually, 
        the local children's mental health advisory council or 
        children's mental health subcommittee of the existing local 
        mental health advisory council shall: 
           (1) arrange for input from the local system of care 
        providers regarding coordination of care between the services; 
           (2) identify for the county board the individuals, 
        providers, agencies, and associations as specified in section 
        245.4877, clause (2); and 
           (3) provide to the county board a report of unmet mental 
        health needs of children residing in the county to be included 
        in the county's biennial children's mental health component of 
        the community social services plan and participate in developing 
        the mental health component of the plan. 
           (c) The county board shall consider the advice of its local 
        children's mental health advisory council or children's mental 
        health subcommittee of the existing local mental health advisory 
        council in carrying out its authorities and responsibilities. 
           Sec. 14.  Minnesota Statutes 2004, section 245A.16, 
        subdivision 6, is amended to read: 
           Subd. 6.  [CERTIFICATION BY THE COMMISSIONER.] The 
        commissioner shall ensure that rules are uniformly enforced 
        throughout the state by reviewing each county and private agency 
        for compliance with this section and other applicable laws and 
        rules at least every four years.  County agencies that comply 
        with this section shall be certified by the commissioner.  If a 
        county agency fails to be certified by the commissioner, the 
        commissioner shall certify a reduction of up to 20 percent of 
        the county's Community Social Services Act funding or an 
        equivalent amount from state administrative aids in an amount up 
        to 20 percent of the county's state portion of Children and 
        Community Services Act funding. 
           Sec. 15.  Minnesota Statutes 2004, section 252.24, 
        subdivision 5, is amended to read: 
           Subd. 5.  [DEVELOPMENTAL ACHIEVEMENT CENTERS:  SALARY 
        ADJUSTMENT PER DIEM.] The commissioner shall approve a two 
        percent increase in the payment rates for day training and 
        habilitation services vendors effective July 1, 1991.  All 
        revenue generated shall be used by vendors to increase salaries, 
        fringe benefits, and payroll taxes by at least three percent for 
        personnel below top management.  County boards shall amend 
        contracts with vendors to require that all revenue generated by 
        this provision is expended on salary increases to staff below 
        top management.  County boards shall verify in writing to the 
        commissioner that each vendor has complied with this 
        requirement.  If a county board determines that a vendor has not 
        complied with this requirement for a specific contract period, 
        the county board shall reduce the vendor's payment rates for the 
        next contract period to reflect the amount of money not spent 
        appropriately.  The commissioner shall modify reporting 
        requirements for vendors and counties as necessary to monitor 
        compliance with this provision. 
           Each county agency shall report to the commissioner by July 
        30, 1991, its actual social service day training and 
        habilitation expenditures for calendar year 1990.  The 
        commissioner shall allocate the day habilitation service CSSA 
        appropriation made available for this purpose to county agencies 
        in proportion to these expenditures. 
           Sec. 16.  Minnesota Statutes 2004, section 252.282, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CONSUMER NEEDS AND PREFERENCES.] In conducting 
        the local system needs planning process, the host county must 
        use information from the individual service plans of persons for 
        whom the county is financially responsible and of persons from 
        other counties for whom the county has agreed to be the host 
        county.  The determination of services and supports offered 
        within the county shall be based on the preferences and needs of 
        consumers.  The host county shall also consider the community 
        social services plan, waiting lists, and other sources that 
        identify unmet needs for services.  A review of ICF/MR facility 
        licensing and certification surveys, substantiated maltreatment 
        reports, and established service standards shall be employed to 
        assess the performance of providers and shall be considered in 
        the county's recommendations.  Continuous quality improvement 
        goals as well as consumer satisfaction surveys may also be 
        considered in this process. 
           Sec. 17.  Minnesota Statutes 2004, section 252.46, 
        subdivision 10, is amended to read: 
           Subd. 10.  [VENDOR'S REPORT; AUDIT.] The vendor shall 
        report to the commissioner and the county board on forms 
        prescribed by the commissioner at times specified by the 
        commissioner.  The reports shall include programmatic and fiscal 
        information.  Fiscal information shall be provided in an annual 
        audit that complies with the requirements of Minnesota Rules, 
        parts 9550.0010 to 9550.0092.  The audit must be done according 
        to generally accepted auditing standards to result in statements 
        that include a balance sheet, income statement, changes in 
        financial position, and the certified public accountant's 
        opinion.  The county's annual audit shall satisfy the audit 
        required under this subdivision for any county-operated day 
        training and habilitation program.  Except for day training and 
        habilitation programs operated by a county, the audit must 
        provide supplemental statements for each day training and 
        habilitation program with an approved unique set of rates. 
           Sec. 18.  Minnesota Statutes 2004, 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 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 prescribed under chapter 256M or 
        other social services the person is eligible for under state law.
           (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. 
           Sec. 19.  Minnesota Statutes 2004, section 256G.01, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PROGRAM COVERAGE.] This chapter applies to all 
        social service programs administered by the commissioner in 
        which residence is the determining factor in establishing 
        financial responsibility.  These include, but are not limited to:
        commitment proceedings, including voluntary admissions; 
        emergency holds; poor relief funded wholly through local 
        agencies; social services, including title XX, IV-E and other 
        components of the Community Social Services Act, section 
        256E.12; social services programs funded wholly through the 
        resources of county agencies; social services provided under the 
        Minnesota Indian Family Preservation Act, sections 260.751 to 
        260.781; costs for delinquency confinement under section 393.07, 
        subdivision 2; service responsibility for these programs; and 
        group residential housing.  
           Sec. 20.  Minnesota Statutes 2004, section 256M.30, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CONTENTS.] The service plan shall be completed 
        in a form prescribed by the commissioner.  The plan must include:
           (1) a statement of the needs of the children, adolescents, 
        and adults who experience the conditions defined in section 
        256M.10, subdivision 2, paragraph (a), and strengths and 
        resources available in the community to address those needs; 
           (2) strategies the county will pursue to achieve the 
        performance targets.  Strategies must include specification of 
        how funds under this section and other community resources will 
        be used to achieve desired performance targets; 
           (3) a description of the county's process to solicit public 
        input and a summary of that input; 
           (4) beginning with the service plans submitted for the 
        period from January 1, 2006, through December 21 31, 2007, 
        performance targets on statewide indicators for each county to 
        measure outcomes of children's mental health, and child safety, 
        permanency, and well-being.  The commissioner shall consult with 
        counties and other stakeholders to develop these indicators and 
        collect baseline data to inform the establishment of individual 
        county performance targets for the 2006-2007 biennium and 
        subsequent plans; and 
           (5) a budget for services to be provided with funds under 
        this section.  The county must budget at least 40 percent of 
        funds appropriated under sections 256M.01 to 256M.80 for 
        services to ensure the mental health, safety, permanency, and 
        well-being of children from low-income families.  The 
        commissioner may reduce the portion of child and community 
        services funds that must be budgeted by a county for services to 
        children in low-income families if: 
           (i) the incidence of children in low-income families within 
        the county's population is significantly below the statewide 
        median; or 
           (ii) the county has successfully achieved past performance 
        targets for children's mental health, and child safety, 
        permanency, and well-being and its proposed service plan is 
        judged by the commissioner to provide an adequate level of 
        service to the population with less funding. 
           Sec. 21.  Minnesota Statutes 2004, section 260C.212, 
        subdivision 12, is amended to read: 
           Subd. 12.  [FAIR HEARING REVIEW.] Any person whose claim 
        for foster care payment pursuant to the placement of a child 
        resulting from a child protection assessment under section 
        626.556 is denied or not acted upon with reasonable promptness 
        may appeal the decision under section 256.045, subdivision 3.  
        The application and fair hearing procedures set forth in the 
        administration of community social services rule, Minnesota 
        Rules, parts 9550.0070 to 9550.0092, do not apply to foster care 
        payment issues appealable under this subdivision.  
           Sec. 22.  Minnesota Statutes 2004, section 275.62, 
        subdivision 4, is amended to read: 
           Subd. 4.  [PENALTY FOR LATE REPORTING.] If a local 
        government unit fails to submit the report required in 
        subdivision 1 by January 30 of the year after the year in which 
        the tax was levied, aid payments to the local governmental unit 
        in the year after the year in which the tax was levied shall be 
        reduced as follows: 
           (1) for a county, the aid amount under section 256E.06 
        chapter 256M shall be reduced by five percent; and 
           (2) for other local governmental units, the aid certified 
        to be received under sections 477A.011 to 477A.014 shall be 
        reduced by five percent. 
           Sec. 23.  Minnesota Statutes 2004, section 626.5571, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DUTIES OF TEAM.] A multidisciplinary adult 
        protection team may provide public and professional education, 
        develop resources for prevention, intervention, and treatment, 
        and provide case consultation to the local welfare agency to 
        better enable the agency to carry out its adult protection 
        functions under section 626.557 and the Community Social 
        Services Act, and to meet the community's needs for adult 
        protection services.  Case consultation may be performed by a 
        committee of the team composed of the team members representing 
        social services, law enforcement, the county attorney, health 
        care, and persons directly involved in an individual case as 
        determined by the case consultation committee.  Case 
        consultation is a case review process that results in 
        recommendations about services to be provided to the identified 
        adult and family. 
           Sec. 24.  [REVISOR INSTRUCTION.] 
           In the next publication of Minnesota Statutes, the revisor 
        of statutes shall make the changes in paragraphs (a) to (e) to 
        be consistent with the changes in Laws 2003, First Special 
        Session chapter 14, article 11, section 12.  The revisor of 
        statutes shall: 
           (a) In Minnesota Statutes, section 62Q.075, subdivisions 2 
        and 4; delete the term "and 256E" and make changes necessary to 
        correct the punctuation, grammar, or structure of the remaining 
        text and preserve its meaning. 
           (b) In Minnesota Statutes, section 245.483, subdivision 4; 
        delete "Community Social Services Act and". 
           (c) In Minnesota Statutes, section 254B.01, subdivision 6; 
        delete "community social services block grants,". 
           (d) In Minnesota Statutes, section 256B.0917, subdivision 
        2; delete "Community Social Services Act,". 
           (e) In Minnesota Statutes, section 256B.0917, subdivision 
        4; delete "and the Community Social Services Act". 
           Sec. 25.  [REPEALER.] 
           Minnesota Statutes 2004, sections 245.713, subdivisions 2 
        and 4; 245.716; and 626.5551, subdivision 4, are repealed. 
           Presented to the governor May 21, 2005 
           Signed by the governor May 25, 2005, 12:55 p.m.

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