Minnesota Legislature
Office of the Revisor of Statutes
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.
Official Publication of the State of Minnesota
Revisor of Statutes