Minnesota Session Laws - 2026 Regular Session

CHAPTER 122--H.F.No. 3629

An act

relating to state government; providing program payment withholding for credible allegation of fraud; changing grants management provisions; requiring program integrity reports;

amending Minnesota Statutes 2024, sections 16B.97, subdivisions 4, 5; 16B.98, subdivision 11; 16B.991, subdivision 1; 142A.03, by adding a subdivision; 256.01, by adding a subdivision; Minnesota Statutes 2025 Supplement, section 15.013.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2025 Supplement, section 15.013, is amended to read:

15.013 PROGRAM PAYMENTS WITHHELD; FRAUD.

deleted text begin Subdivision 1. deleted text end

deleted text begin Definitions. deleted text end

deleted text begin (a) For purposes of this section, the following terms have the meanings given. deleted text end

deleted text begin (b) "Entity" means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, or any other legal entity that engages in either nonprofit or profit-making activities. deleted text end

deleted text begin (c) "Evidence" means credible evidence obtained from an internal agency investigation, audits, court records, law enforcement investigations, or investigations by other state or federal agencies. deleted text end

deleted text begin (d) "Fraud" means an intentional or deliberate act to deprive another of property or money or to acquire property or money by deception. Fraud includes knowingly submitting false information to a federal, state, or local government entity for the purpose of obtaining a greater compensation or benefit than the person is legally entitled. Fraud also includes acts that constitute a crime against any program, or the attempts or plans to commit those crimes, including but not limited to theft in violation of section 609.52, perjury in violation of section 609.48, and aggravated forgery and forgery in violation of sections 609.625 and 609.63, and substantially similar federal laws. deleted text end

deleted text begin (e) "Individual" means a natural person. deleted text end

deleted text begin (f) "Program" means any program funded by a state or federal agency that involves the transfer or disbursement of public funds or other public resources. deleted text end

deleted text begin (g) "Program participant" means an entity, or an individual on behalf of an entity, that receives, disburses, or has custody of funds or other resources transferred or disbursed under a program. deleted text end

deleted text begin (h) "Agency" has the meaning given in section 16B.01, subdivision 2, and includes the Minnesota State Colleges and Universities. deleted text end

deleted text begin Subd. 2. deleted text end

deleted text begin Administrative withholding of payments. deleted text end

deleted text begin (a) The head of an agency may withhold payments to a program participant in a program administered by that agency for a period not to exceed 60 days if the agency head determines that a preponderance of the evidence shows that the program participant has committed fraud to obtain payments under the program. deleted text end

deleted text begin (b) Notwithstanding subdivision 3, the agency head must notify the program participant of the decision to withhold payments at least 24 hours before withholding a payment. The notice must: deleted text end

deleted text begin (1) state that payments will be withheld in accordance with this section; deleted text end

deleted text begin (2) state the date the administrative withholding of payments is effective; deleted text end

deleted text begin (3) state the reasons for withholding payments, excluding specific information that may jeopardize an active investigation; deleted text end

deleted text begin (4) state the date the administrative withholding period terminates; deleted text end

deleted text begin (5) inform the program participant of the right to submit written evidence for consideration by the agency head; and deleted text end

deleted text begin (6) inform the program participant of their rights under chapter 14 to appeal the decision to withhold payment. deleted text end

deleted text begin (c) Following notice and to the extent practicable, the agency must ensure that any person whose public funds are interrupted and who is not implicated in the suspected fraud receives notice of their rights related to continued receipt of the public funds, services, or programs for which they are eligible. The agency head must provide a point of contact for the impacted persons. deleted text end

deleted text begin (d) A program participant may appeal an agency head's decision under this subdivision by initiating a contested case proceeding under chapter 14 or by petitioning the court for relief, including injunctive relief. deleted text end

deleted text begin (e) This subdivision does not apply if an agency is precluded from withholding payments to a program participant by federal law or obligations under a contract. deleted text end

deleted text begin Subd. 3. deleted text end

deleted text begin Data classification and access. deleted text end

deleted text begin (a) During the administrative payment withholding period under subdivision 2, data relating to evidence of fraud are classified as: (1) confidential data on individuals pursuant to section 13.02, subdivision 3; or (2) protected nonpublic data pursuant to section 13.02, subdivision 13, in the case of data not on individuals. deleted text end

deleted text begin (b) All data relating to evidence of fraud become public at the termination of the withholding period unless classified as not public data under state or federal law. The identity of a complainant is private data on individuals, as defined in section 13.02, subdivision 12. deleted text end

deleted text begin (c) An agency may disclose data classified as confidential or protected nonpublic under this section to a federal, state, or local government agency or a law enforcement agency if the agency determines that access will help prevent fraud against public programs or aid the law enforcement process. deleted text end

deleted text begin Subd. 4. deleted text end

deleted text begin Court order. deleted text end

deleted text begin The head of an agency may petition the court for a temporary order pursuant to Rule 65 of the Minnesota Rules of Civil Procedure to withhold payments to a program participant in a program administered by that agency if the agency head determines that a preponderance of the evidence shows that the program participant has committed fraud to obtain payments under the program. deleted text end

deleted text begin Subd. 5. deleted text end

deleted text begin Report. deleted text end

deleted text begin (a) An agency that has withheld a payment under this section must report the following to the commissioner of management and budget by March 1, 2026: deleted text end

deleted text begin (1) the number of program participants from whom payments have been withheld; deleted text end

deleted text begin (2) a description of the reason the payments were withheld from the program participant; deleted text end

deleted text begin (3) the dollar amount of payments withheld; deleted text end

deleted text begin (4) the identification of the program; deleted text end

deleted text begin (5) whether the payments withheld were state or federal funds; and deleted text end

deleted text begin (6) whether the withholding of payment was challenged by a program participant and the outcome of the challenge. deleted text end

deleted text begin (b) The commissioner of management and budget must compile the reports from the agencies under paragraph (a) and submit the compiled report to the chairs and ranking minority members of the committees in the house of representatives and the senate with jurisdiction over state government, judiciary, health and human services, and education by March 15, 2026. deleted text end

deleted text begin Subd. 6. deleted text end

deleted text begin Sunset. deleted text end

deleted text begin This section expires July 1, 2027. deleted text end

new text begin Subdivision 7. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the meanings given. new text end

new text begin (b) "Credible allegation of fraud" means an allegation of fraud that has been verified by the head of a state agency from any source, including but not limited to fraud complaints; patterns identified through audits, civil cases, law enforcement investigations, or investigations by other state or federal agencies; and court filings and other legal documents, including but not limited to police reports, complaints, indictments, information, affidavits, declarations, and search warrants. new text end

new text begin (c) "Fraud" means an intentional or deliberate act to deprive another of property or money or to acquire property or money by deception or other unfair means. Fraud includes intentionally submitting false information to a federal, state, or local government entity for the purpose of obtaining a greater compensation or benefit than that to which the person is legally entitled. Fraud also includes acts which constitute a crime against any program, or the attempts or plans to commit a crime against any program, including but not limited to theft in violation of section 609.52; perjury in violation of section 609.48; and aggravated forgery and forgery in violation of sections 609.542, 609.625, and 609.63, and substantially similar federal laws. new text end

new text begin (d) "Individual" means a natural person. new text end

new text begin (e) "Program" means any program funded by a state or federal agency that involves the transfer or disbursement of public funds or other public resources. new text end

new text begin (f) "Program participant" means any entity or individual that receives, disburses, or has custody of funds or other resources transferred or disbursed under a program. new text end

new text begin (g) "State agency" means any department or agency of the state as defined in sections 15.01 and 15.012. new text end

new text begin Subd. 8. new text end

new text begin Withholding of payments. new text end

new text begin (a) Except as otherwise authorized and to the extent permitted by federal law, the head of any state agency may withhold payments to a program participant in any program administered by that agency if the agency head determines the program participant is the subject of a credible allegation of fraud under investigation that is related to any program administered by that agency. The head of any agency may also withhold payments to a program participant in any program administered by that agency if another agency head has determined there is a credible allegation of fraud under investigation and the program participant is a subject of the investigation. new text end

new text begin (b) The state agency head must send notice of the withholding of payments to the program participant within five days of taking such action. The notice must: new text end

new text begin (1) state that payments are being withheld in accordance with this section; new text end

new text begin (2) state the reasons for withholding payments, but need not disclose specific information concerning an ongoing investigation; new text end

new text begin (3) state that the withholding is for a temporary period and cite the circumstances under which withholding shall be terminated; and new text end

new text begin (4) inform the program participant of the right to submit written evidence for consideration by the state agency head. new text end

new text begin (c) Following notice, to the extent practicable, the agency must ensure that any person whose public funds are interrupted and who is not implicated in the suspected fraud receives notice of their rights to continued receipt of the public funds, services, or programs for which they are eligible. The agency head must provide a point of contact for persons impacted. new text end

new text begin (d) If the agency head withholds payments under this subdivision, the provider, vendor, individual, associated individual, or associated entity has a right to request administrative reconsideration. A request for administrative reconsideration must be made in writing, stating with specificity the reasons the payment withholding decision is in error, and include documents to support the request. Within 60 days after receipt of the request, the agency head shall judiciously review allegations, facts, evidence available to the agency head and information submitted by the provider, vendor, individual, associated individual, or associated entity to determine whether the payment withholding should remain in place. new text end

new text begin (e) The withholding of payments shall not continue after the state agency head determines there is insufficient evidence of fraud by the program participant, or after legal proceedings relating to the alleged fraud are completed, unless the state agency head is authorized by law to take additional action against the program participant and complies with all requirements in law to take such action. new text end

new text begin (f) The withholding of payments is a temporary action and is not subject to appeal under chapter 14. new text end

new text begin (g) This section does not supersede any other section of law authorizing withholding of payments, including but not limited to sections 127A.21, subdivision 5; 142A.12, subdivision 5; 245.095, subdivision 5; and 256B.064, subdivision 2, paragraph (b). new text end

new text begin Subd. 9. new text end

new text begin Data classification and access. new text end

new text begin (a) During the payment withholding period under this section, all data relating to a credible allegation of fraud under this section are classified as: (1) confidential data on individuals pursuant to section 13.02, subdivision 3; or (2) protected nonpublic data pursuant to section 13.02, subdivision 13, in the case of data not on individuals. new text end

new text begin (b) Except for the identity of a complainant, after a determination has been made under subdivision 8, paragraph (e), that withholding of payments shall not continue, all data relating to a credible allegation of fraud under this section become public unless classified otherwise under state or federal law. The identity of a complainant is private. new text end

new text begin (c) Any state agency may disclose any data classified as confidential or protected nonpublic under this section to any federal, state, or local government agency, or any law enforcement agency, if the state agency determines that access will help prevent fraud against public programs or aid the law enforcement process. new text end

Sec. 2.

Minnesota Statutes 2024, section 16B.97, subdivision 4, is amended to read:

Subd. 4.

Duties.

(a) The commissioner shall:

(1) create general grants management policies and procedures that are applicable to all executive agencies. The commissioner may approve exceptions to these policies and procedures deleted text begin for particular grant programs deleted text end . Exceptions shall expire or be renewed after five years. new text begin The commissioner must report each approved exception to the chairs and ranking minority members of the legislative committees with jurisdiction over the agency. new text end Executive agencies shall retain management of individual grants programs;

(2) provide a central point of contact concerning statewide grants management policies and procedures;

(3) serve as a resource to executive agencies in such areas as training, evaluation, collaboration, and best practices in grants management;

(4) ensure grants management needs are considered in the development, upgrade, and use of statewide administrative systems and leverage existing technology wherever possible;

(5) oversee and approve future professional and technical service contracts and other information technology spending related to executive agency grants management systems and activities;

(6) provide a central point of contact for comments about executive agencies violating statewide grants governance policies and about fraud and deleted text begin waste deleted text end new text begin misuse new text end in grants processes;

(7) forward received comments to the appropriate agency for further action, and may follow up as necessary;

(8) provide a single listing of all available executive agency competitive grant opportunities and resulting grant recipients;

(9) selectively review development and implementation of executive agency grants, policies, and practices; and

(10) selectively review executive agency compliance with best practices.

(b) The commissioner may determine that it is cost-effective for agencies to develop and use shared grants management technology systems. This system would be governed under section 16E.01, subdivision 3, paragraph (b).

Sec. 3.

Minnesota Statutes 2024, section 16B.97, subdivision 5, is amended to read:

Subd. 5.

Data classification.

Data maintained by the commissioner that identify a person providing comments to the commissioner under subdivision 4, paragraph (a), clauses (6) and (7), are private and nonpublic data deleted text begin but may be shared with the executive agency that is the subject of the comments deleted text end .

Sec. 4.

Minnesota Statutes 2024, section 16B.98, subdivision 11, is amended to read:

Subd. 11.

Encumbrance exception.

Notwithstanding subdivision 5, paragraph (a), clause deleted text begin (2) deleted text end new text begin (3) new text end , or section 16C.05, subdivision 2, paragraph (a), clause (3), agencies may permit a specifically named, legislatively appropriated, noncompetitive grant recipient to incur eligible expenses based on an agreed upon work plan and budget for up to 60 days prior to an encumbrance being established in the accounting system.

Sec. 5.

Minnesota Statutes 2024, section 16B.991, subdivision 1, is amended to read:

Subdivision 1.

Criminal conviction.

Each grant agreement subject to sections 16B.97 and 16B.98 must provide that the agreement will immediately be terminated if the recipient is convicted of a criminal offense relating to a state grant agreement. new text begin "Recipient" includes individuals, entities, and key personnel of entities, including board members, officers, executives, employees, or agents with authority over or access to grant funds, and any individual in a position of fiduciary responsibility related to the grant. new text end

Sec. 6.

Minnesota Statutes 2024, section 142A.03, is amended by adding a subdivision to read:

new text begin Subd. 37. new text end

new text begin Program integrity report. new text end

new text begin Beginning January 1, 2027, and annually thereafter, the commissioner must provide a report to the chairs and ranking minority members of the legislative committees with jurisdiction over children, youth, and families on program integrity functions within the Department of Children, Youth, and Families. The report must include: new text end

new text begin (1) an update from the Office of Inspector General at the Department of Children, Youth, and Families with historical metrics and descriptive data, including the office's capacity to meet licensing demands and data for the past five years on the number of maltreatment reports and licensing complaints received, the results of maltreatment investigations, the number of licenses issued for each provider type, the number of licensing investigations and reviews completed, and the number of correction orders issued; and new text end

new text begin (2) an update from the Office of Inspector General at the Department of Children, Youth, and Families that includes summary data related to caseload, site visit data, the number of child care assistance program investigations and administrative reviews within the past five years, recipient fraud investigation results involving multiple benefits from the past five years, and updates on closed major fraud investigations. new text end

Sec. 7.

Minnesota Statutes 2024, section 256.01, is amended by adding a subdivision to read:

new text begin Subd. 46. new text end

new text begin Program integrity report. new text end

new text begin Beginning November 30, 2026, and annually thereafter, the commissioner must provide a report to the chairs and ranking minority members of the legislative committees with jurisdiction over human services on program integrity functions within the Department of Human Services. The report must include: new text end

new text begin (1) an update from the Background Studies Division within the Office of Inspector General at the Department of Human Services with historical metrics and descriptive data on background studies and licensure, including the number of background studies completed within the past five years and the number of disqualifications that occurred; new text end

new text begin (2) an update from the Licensing Division within the Office of Inspector General at the Department of Human Services with historical metrics and descriptive data, including the division's capacity to meet licensing demands and data for the past five years on the number of maltreatment reports and licensing complaints received, the results of maltreatment investigations, the number of licenses issued for each provider type, the number of licensing investigations and reviews completed, and the number of correction orders issued; and new text end

new text begin (3) an update from the Program Integrity Oversight Division within the Office of Inspector General at the Department of Human Services that includes summary data related to caseload, screening and site visit data, the number of provider medical assistance managed care investigations within the past five years, the number of screening investigations within the past five years, and updates on closed major fraud investigations. new text end

Presented to the governor May 20, 2026

Signed by the governor May 26, 2026, 9:20 a.m.